Common use of Third Party Connections Clause in Contracts

Third Party Connections. The following terms are applicable to any Hosted Services functionality that requires a third party connection (for example, but without limitation, CRS/GDS connectivity): 4.14.1 NAVITAIRE’s responsibility is limited to providing functionality that facilitates a technical connection between Customer’s Hosted Services and the applicable third party. 4.14.2 NAVITAIRE is facilitating the connection with the third party at the direction of Customer. For a connection with either SITA or ARINC, both SITA and ARINC require an agreement between NAVITAIRE and SITA or ARINC as the technical connection with the SITA or ARINC network is with NAVITAIRE. For the avoidance of doubt, notwithstanding any such agreement between NAVITAIRE and SITA or ARINC, the terms of this Section 4.14 shall apply. 4.14.3 NAVITAIRE is not subcontracting any of its obligations to such third parties. 4.14.4 NAVITAIRE has no responsibility for the performance of/fulfillment by such third party, including, without limitation, the use and treatment of any customer data by such third party and for any failure of the technical connection not under NAVITAIRE’s control and shall have no liability in connection with such performance or non-performance of such third party. 4.14.5 NAVITAIRE assumes that any data transmitted by such third parties to NAVITAIRE that NAVITAIRE is to process under this Agreement is accurate and meets Customer’s business requirements. Except as expressly set forth in this Agreement, NAVITAIRE is not responsible for performing any validation or quality control activities with respect to such data. 4.14.6 With respect to third parties other than SITA or ARINC, Customer is responsible for: • entering into a separate agreement directly with such third party; and • ensuring the third party performs as required by Customer; and • payment of any fees associated with such third party performance; and Hosted Services Agreement FINAL • ensuring third party cooperates with NAVITAIRE as necessary for NAVITAIRE to perform its Services. 4.14.7 With respect to SITA and ARINC connections (other than for Services in support of Customer’s requirements to enable Customer to comply with government or other regulatory requirements), Customer is responsible for: • entering into a separate agreement directly with SITA and/or ARINC (except where a direct connection to the GDS is provided in accordance with Section 6 of Exhibit A); and • ensuring SITA and/or ARINC performs as required by Customer; and • payment of any fees associated with SITA and/or ARINC performance; and • ensuring SITA and/or ARINC cooperates with NAVITAIRE as necessary for NAVITAIRE to perform its Services. 4.14.8 With respect to SITA and ARINC connections for Services in support of Customer’s requirements to enable Customer to comply with government or other regulatory requirements, Customer is responsible for: • entering into a separate agreement directly with SITA and/or ARINC to the extent Customer wishes to have terms and conditions in place regarding the provision of services by SITA and/or ARINC; and • ensuring SITA and/or ARINC perform as required by Customer; and • payment of any fees associated with SITA and/or ARINC performance. 4.14.9 Customer is further responsible for providing routers or other hardware or software as needed for these connections.

Third Party Connections. The following terms are applicable to any Hosted Services functionality that requires a third party connection (for example, but without limitation, CRS/GDS connectivity): 4.14.1 4.17.1 NAVITAIRE’s responsibility is limited to providing functionality that facilitates a technical connection between Customer’s Hosted Services and the applicable third party. 4.14.2 4.17.2 NAVITAIRE is facilitating the connection with the third party at the direction of Customer. For a connection with either SITA or ARINC, both SITA and ARINC require an agreement between NAVITAIRE and SITA or ARINC as the technical connection with the SITA or ARINC network is with NAVITAIRE. For the avoidance of doubt, notwithstanding any such agreement between NAVITAIRE and SITA or ARINC, the terms of this Section 4.14 shall apply. 4.14.3 4.17.3 NAVITAIRE is not subcontracting any of its obligations to such third parties. 4.14.4 4.17.4 NAVITAIRE has no responsibility for the performance of/fulfillment by such third party, including, without limitation, the use and treatment of any customer data by such third party and for any failure of the technical connection not under NAVITAIRE’s control and shall have no liability in connection with such performance or non-performance of such third party. 4.14.5 4.17.5 NAVITAIRE assumes that any data transmitted by such third parties to NAVITAIRE that NAVITAIRE is to process under this Agreement is accurate and meets Customer’s business requirements. Except as expressly set forth in this Agreement, NAVITAIRE is not responsible for performing any validation or quality control activities with respect to such data. 4.14.6 4.17.6 With respect to third parties other than SITA or ARINC[CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT], Customer is responsible for: • · entering into a separate agreement directly with such third party; and • · ensuring the third party performs as required by Customer; and • · payment of any fees associated with such third party performance; and Hosted Services Agreement FINAL • · ensuring third party cooperates performs its obligations with NAVITAIRE Customer, as necessary for to enable NAVITAIRE to perform its Services. 4.14.7 4.17.7 With respect to SITA and ARINC connections (other than for Services in support of Customer’s requirements to enable Customer to comply with government or other regulatory requirements), Customer is responsible for: • · entering into a separate agreement directly with SITA and/or ARINC (except where a direct connection to the GDS is provided in accordance with Section 6 of Exhibit A); and • · ensuring SITA and/or ARINC performs as required by Customer; and • NAVITAIRE Proprietary and Confidential Hosted Services Agreement Exhibit 4.29 · payment of any fees associated with SITA and/or ARINC performance; and • · ensuring SITA and/or ARINC cooperates perform its obligations with NAVITAIRE Customer, as necessary for to enable NAVITAIRE to perform its Services. 4.14.8 4.17.8 With respect to SITA and ARINC connections for Services in support of Customer’s requirements to enable Customer to comply with government or other regulatory requirements, Customer is responsible for: • · entering into a separate agreement directly with SITA and/or ARINC to the extent Customer wishes to have terms and conditions in place regarding the provision of services by SITA and/or ARINC; and • · ensuring SITA and/or ARINC perform as required by Customer; and • · payment of any fees associated with SITA and/or ARINC performance. 4.14.9 . · Customer is further responsible for providing routers or other hardware or software as needed for these connectionsconnections 2 Amendment to Exhibit A - Hosted Reservation Services, as follows: a) Scope of Services (Replaced). The line item titled ‘Inter Airline Through Check-in (IATCI) with: Delta, Air France….’ in Section 2, Scope of Services, of Exhibit A is hereby deleted in its entirety and replaced with the following: X Inter Airline Through Check-in (IATCI) with: · [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] b) Scope of Services (Replaced). The following is hereby added to Section 2, Scope of Services, of Exhibit A: X CRS/GDS/ARS Type A/EDIFACT Availability Connectivity · Type A/EDIFACT Availability Connectivity (ITAREQ, HWPREQ, CLTREQ) with [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]Type B/Teletype Connectivity · Instant Pay