Amendment No. 18 to Inventory Support & Services Agreement
Exhibit 10.33
Amendment No. 18
to
Inventory Support & Services Agreement
This Amendment No. 18 (“Amendment”) to the Inventory Support & Services Agreement between Delta Air Lines, Inc (“Delta”) and MN Airlines, LLC (“MN Airlines”) dated both October 8, 2003 and October 27, 2003, (as amended, the “Agreement”), shall be effective as of May 15, 2019 (“Effective Date”).
WHEREAS, the parties have entered into the Agreement for the provision of certain maintenance services to MN Airlines; and
WHEREAS, the parties wish to amend the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to amend the Agreement as follows:
| 1. | All capitalized terms used herein but not defined shall have the meaning ascribed to them in the Agreement. |
| 2. | Annex A1 is hereby deleted in its entirety and replaced with a new Annex A1, which is attached hereto as Attachment 1. |
| 3. | Except as amended by this Amendment, all other provisions of the Agreement shall remain in full force and effect. |
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives as of the Effective Date.
| MN AIRLINES, LLC dba Sun Country Airlines |
DELTA AIR LINES, INC. | |||||||
| By: | /s/ Xxxxx Xxxxxx |
By: | /s/ Xxxxx Xxxxx | |||||
| Name: | Xxxxx Xxxxxx | Name: | Xxxxx Xxxxx | |||||
| Title: | Senior Director Aircraft Maintenance & Engineering |
Title: | MD MRO Services | |||||
Attachment 1 to Amendment
ANNEX A1
Description of Aircraft
| Registration # |
Serial Number | Date of Manufacture | Effective Date for Additional Aircraft | |||
| N710SY | 30241 | Dec-2001 | ||||
| N711SY | 30245 | Jan-2002 | ||||
| N713SY | 30635 | Nov-2000 | ||||
| N716SY | 30629 | Dec-2001 | ||||
| N801SY | 30332 | Feb-2001 | ||||
| N804SY | 30689 | Aug-2001 | ||||
| N805SY | 30032 | Nov-2001 | ||||
| N808SY | 33021 | Mar-2005 | ||||
| N809SY | 30683 | Mar-2005 | ||||
| N813SY | 28237 | Feb-2001 | ||||
| N814SY | 30620 | Oct-2001 | ||||
| N815SY | 30623 | May-2002 | ||||
| N816SY | 30637 | Mar-2001 | ||||
| N817SY | 30392 | Apr-2001 | ||||
| N819SY | 34254 | Mar-2006 | ||||
| N820SY | 39951 | Nov-2014 | ||||
| N821SY | 39952 | Dec-2014 | ||||
| N822SY | 33017 | Oct-2004 | ||||
| N823SY | 33971 | Dec-2001 | ||||
| N824SY | 33976 | Jun-2005 | ||||
| N825SY | 34410 | April 2006 | ||||
| N826SY | 34411 | May 2006 | ||||
| N827SY | 34412 | May 2006 | ||||
| N828SY | 34413 | June 2006 | ||||
| N829SY | 34414 | June 2006 | ||||
| N830SY | 28249 | May 2002 | ||||
| N831SY | 30706 | August 2001 | ||||
| N832SY | 40243 | March 2011 | May 17, 2019 | |||
| N833SY | 40244 | April 2011 | May 23, 2019 | |||
| N834SY | 40245 | May 2011 | June 23, 2019 |
In the event MN Airlines adds an additional aircraft to the fleet of Aircraft, that is reasonably determined by Delta to cause a material increase to Delta’s cost to provide the Services (as measured on a per Aircraft basis), Delta reserves the right to adjust the PBTH Rate for that particular additional aircraft upon thirty (30) days’ advance written notice. During such thirty (30) day notice period, upon request from MN Airlines, the parties shall negotiate in good faith to determine an alternative way of compensating Delta for the increase in cost caused by the particular additional Aircraft (such as a one-time payment from MN Airlines), provided that if mutual agreement on such alternative is not reached by the parties, the increased rate shall go into effect as one of the end of such thirty (30) day period for that particular aircraft.
