Delta Air Lines Inc. Statement of Work No. 5, dated as of January 16, 2019, to the 2Ku In-Flight Connectivity Services Agreement, dated as of April 1, 2015, by and between Delta Air Lines Inc. and Gogo LLC
THE USE OF THE FOLLOWING NOTATION IN THIS EXHIBIT INDICATES THAT THE CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO ITEM 601(b)(10)(iv) WHEREBY CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED: [***]
Statement of Work #5
To the 2Ku In-Flight Connectivity Services Agreement
Delta Air Lines, Inc. and Gogo LLC
Dated April 1, 2015
Statement of Work Date: January 16th, 2019
This Statement of Work #5 (the Statement of Work) is entered into as of the date set forth above (the Effective Date), and is pursuant to the 2Ku In-Flight Connectivity Services Agreement between Delta Air Lines, Inc. (Delta) and Gogo LLC (Contractor) dated April 1, 2015 (as amended, the Agreement), where the Statement of Work is subject to and incorporates by reference the provisions of the Agreement. Capitalized terms used without definition in this Statement of Work have the meanings assigned to them in the Agreement. To the extent there is any contradiction, inconsistency or ambiguity between the terms of this Statement of Work and the Agreement, this Statement of Work will govern.
WHEREAS, Delta and Contractor are parties to the Agreement under which Contractor provides installation of certain equipment and provision of services related to Contractors 2Ku Connectivity Services;
WHEREAS, Delta and Contractor desire to provide for 2Ku Connectivity Services on certain Fleet Type A/C;
NOW, THEREFORE, in consideration of the foregoing premises and covenants contained herein, Delta and Contractor agree as follows:
1. Addition of Fleet Type A/C. Pursuant to Section 2.3 of the Agreement, the A/C listed in the chart below shall be added to the Agreement as an Additional Fleet Type A/C to those listed in the Agreement. The addition or more A/C to this Additional Fleet Type will be addressed in subsequent Amendments to this Statement of Work.
2. All such A/C shall be deemed Domestic A/C.
3. Certification Services. If not superseded by another agreement between the Parties within [***] of the Effective Date, the Parties agree to negotiate in good faith to reach a commercial resolution regarding Deltas responsibility for [***] or/ [***], as defined in section 5.2.4 of the Agreement, (if any) for this Additional Fleet Type.
4. Effectiveness. This Statement of Work #5 will be effective as of the Effective Date.
IN WITNESS WHEREOF, the parties have caused this Statement of Work #5 to be executed by their duly authorized representatives as of the Effective Date.
|DELTA AIR LINES, INC., a Delaware corporation||GOGO LLC, a Delaware limited liability company|
|Name:||Jerry Rose||Name:||Ben Murphy|