Agreement to Terminate Time-Sharing Agreement between Kennedy Aviation, LLC and Openwave Systems Inc.
Kennedy Aviation, LLC and Openwave Systems Inc. have agreed to end their existing Time-Sharing Agreement for the sublease of a specific aircraft. The termination is effective as of September 30, 2003. All terms of the original agreement remain in effect for any use of the aircraft that occurred before this termination date. This document formalizes the mutual decision to end the time-sharing arrangement.
Exhibit 10.22
AGREEMENT TO TERMINATE TIME-SHARING AGREEMENT
This Agreement To Terminate Time-Sharing Agreement is made and entered into as of August 25, 2003, by and between Kennedy Aviation, LLC., a Delaware limited liability company (Sublessor) and Openwave Systems Inc., a Delaware corporation (Sublessee).
WHEREAS, Sublessor and Sublessee are parties to the Time-Sharing Agreement, dated as of September 30, 2002 (as amended to date, the Time-Sharing Agreement), relating to the sublease of a certain aircraft identified as Cessna Citation Ultra, serial number , U.S. Registration Number with its two H Pratt & Whitney JT15D-5D engines and related equipment, components, accessories, and instruments (the Aircraft) from Sublessor to Sublessee; and
NOW, THEREFORE, based upon the foregoing, Sublessor and Sublessee, agree as follows:
1. The Time-Sharing Agreement shall be terminated effective as of September 30, 2003 (the Termination Date).
2. The terms of the Time-Sharing Agreement shall continue to apply, in full force and effect, to any use of the Aircraft that occurred prior to the Termination Date.
IN WITNESS WHEREOF, the parties have executed this Agreement to Terminate Time-Sharing Agreement effective as of the date first set forth above.
OPENWAVE SYSTEMS INC., a Delaware corporation, | ||||||||
By: |
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Steve Peters Senior Vice President, Chief Administrative and Legal Officer | Date and Time of Execution |
Kennedy Aviation, LLC., a Delaware limited liability company, | ||||||||
By: |
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Kevin Kennedy, Owner | Date and Time of Execution |