Waiver of Article V Rights under Capacity Purchase Agreement between United Airlines, Inc. and Air Wisconsin Airlines LLC
United Airlines, Inc. agrees to waive Air Wisconsin Airlines LLC's obligation to comply with Article V of their Capacity Purchase Agreement, effective from March 31, 2020. This waiver applies only to Article V; all other terms of the agreement remain unchanged and in effect. The letter is addressed to Air Wisconsin's President and CEO and clarifies that no other provisions of the original agreement are affected by this waiver.
 | EXHIBIT 10.4.2 |
Willis Tower
233 South Wacker Drive
Chicago, Illinois 60606
united.com
March 31, 2020
Air Wisconsin Airlines LLC
W6390 Challenger Drive, Suite 203
Appleton, WI 54914
Attention: Robert Binz, President and Chief Executive Officer
with a copy to:
DLA Piper
4365 Executive Drive, Suite 1100
San Diego, CA 92121
Attention: Michael J. Brown
| Re: | Waiver of United’s Article 5 Rights |
Dear Rob:
Reference is made to that certain Capacity Purchase Agreement, dated as of February 26, 2017 (the “CPA”), by and between Air Wisconsin Airlines LLC (“Contractor”) and United Airlines, Inc. (“United”).
In accordance with Section 10.05 of the CPA, United hereby waives compliance by Contractor with the terms and conditions of Article V of the CPA from and after the date of this letter.
This letter shall not constitute a waiver of any other term or condition of the CPA, and, except as expressly set forth in this letter, all of the terms and conditions of the CPA shall continue to be, and remain, in full force and effect in accordance with their respective terms.
| With best regards, |
| UNITED AIRLINES, INC. |
| /s/ Sarah Murphy |
| SVP United Express |
