THIS Fourth AMENDMENT is entered into as of the ___ day of ___, 2020, by and between the Sarasota Manatee Airport Authority, a public and governmental body, existing under and by virtue of the laws of the State of Florida (hereinafter referred to as the "Authority"), and JetBlue Airways, Corporation, a corporation organized and existing under the laws of the State of Delaware, and authorized to do business in the State of Florida (hereinafter referred to as "Airline").
WHEREAS, Authority and Airline entered into the SARASOTA MANATEE AIRPORT AUTHORITY SCHEDULED AIRLINE OPERATING AGREEMENT AND TERMINAL BUILDING LEASE, (the "Agreement"), the term of which commenced October 1, 2014; and
WHEREAS, Authority and Airline entered into Amendment Number 1 and extended the Agreement to September 30, 2023; and
WHEREAS, Authority and Airline entered into Amendment Number 2 and deferred rents for April, May and June 2020, and Amendment Number 3 which further deferred fixed rents for July, August and September 2020; and
WHEREAS, Authority and Airline desire to further amend said Agreement as set forth herein.
NOW, THEREFORE, for and in consideration of the agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Authority and Airline, intending to be legally bound, agree as follows:
Section 4.01 of the Agreement is deleted in its entirety and replaced with the following:
The term of this Agreement shall commence October 1, 2014 and terminate September 30, 2024, subject to the termination provisions of Article 13.
The following is added to Article 5 Rentals and Fees:
The Authority hereby waives and shall not require payment from Airline of Rentals and Fees (as described in Section 5.01 of the Agreement) that pertain to Exclusive Use Space, Preferential Use Space, and Preferential Apron Area (as each is described in Section 3.01 of the Agreement) for (1) the twelve months ending September 30, 2021 and (2) those previously deferred rents for April 2020 through September 2020. However, Airline shall continue to pay Rentals and Fees (as described in Section 5.01 of the Agreement) pertaining to Joint Use Space
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