EX-10.4



 Exhibit 10.4 

 

							
	AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT	 	  1. CONTRACT ID CODE  	 	PAGE	 	OF
	 	 	 	 	1	 	2


									
	
2. AMENDMENT/MODIFICATION NO.

039
  
	 	
3. EFFECTIVE DATE  

01/04/2015
	 	4. REQUISITION/PURCHASE REQ. NO.    
	 	 5. PROJECT NO.

(If applicable)

	6. ISSUED BY
                        CODE	 	5ASNET	 	 7. ADMINISTERED BY

(IF OTHER THAN ITEM 6)
	 	  CODE  	 	  5ASNET  
	  
 ALAINA EARL

Air Transportation CMC
 United States Postal
Service
 475 L’Enfant Plaza SW

Room 1P 650
 Washington DC 20260-0650

(202) 268-6580
  
	 	  
 Air Transportation CMC

Air Transportation CMC
 United States Postal Service
 475 L’Enfant Plaza SW, Room 1P650

Washington DC 20260-0650



							
	 8. NAME AND ADDRESS OF CONTRACTOR (No.,
Street, County, State, and Zip Code)
 FEDERAL EXPRESS CORPORATION
 3610 HACKS CROSS ROAD
 MEMPHIS TN 38125-8800
	 	  (x)  	  	 9A. AMENDMENT OF SOLICITATION NO.

 

	 	 	  	 9B. DATED (SEE ITEM 11)

 
  

	 	    x
  
	  	 10A. MODIFICATION OF CONTRACT/ORDER NO.

ACN-13-FX
  

	 	 	  	 10B. DATED (SEE ITEM 13)
  

04/23/2013

	SUPPLIER CODE:      000389122	 	FACILITY CODE	 	 	  	 

 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 

 

							
	 ̈	 	 	 	 	  	     ̈  is extended,       
  ̈  is not extended.


													
	  
 Offers must acknowledge receipt of this amendment
prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning
                 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter
or telegram which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
  



			
	
12.    ACCOUNTING AND APPROPRIATION DATA     
(If Required)
          See
Schedule
	  	$0.00            


			
	  
 13. THIS
ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
  
	 	


									
	    (x)    	 	  A.  	 	 THIS CHANGE BY CLAUSE IS ISSUED PURSUANT TO: (Specify Clause) THE CHANGES SET FORTH
IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
  
	 		 	
	 ̈	 	 	 	 		 	
	x	 	  B.  	 	 THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as
changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14.
  
	 		 	
	 ̈	 	  C.  	 	 THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: THE CHANGES SET FORTH IN
ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
  
	 		 	
	x	 	  D.  	 	 OTHER (such as no cost change/cancellation, termination, etc.) (Specify type of modification and
authority): THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
 By Mutual Agreement of the Contracting
Parties
  
	 		 	


			
	  
 E.
IMPORTANT:     Contractor  ̈ is not, x is required to sign this document and
return                     copies to the issuing office.

 
	 	
	  
 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section
headings, including solicitation/contract subject matter where feasible.)
 The purpose of this administrative modification is to incorporate the
following:
  
 The Parties agree that this adjustment is a complete accord
and satisfaction of any and all claims or demands relating to billing, rating or pricing for services provided by the Aviation Supplier during the December 2014 Operating Period, whether asserted or not. The Parties mutually release and discharge
each other from any and all claims, lawsuits, causes of action, damages, or liability whatsoever arising from or relating in any way to billing, rating or pricing errors for services provided during the December 2014 Operating Period. Neither the
Postal Service’s agreement to pay the Aviation Supplier nor the Aviation Supplier’s agreement to accept the amount of [*] herein will be construed as a waiver or modification of any right or obligation of the Parties under the contract, or
as
  
 Continued...

 
	 	


			
	 Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains
unchanged and in full force and effect.
  
	 	


					
	 15A. NAME AND TITLE OF SIGNER

(Type or print)
  
 Paul J. Herron, Vice President
  
	 	 16A. NAME AND TITLE OF CONTRACTING OFFICER
 (Type or print)
  

    Brian Mckain
  
	 	 


									
	 15B.
CONTRACTOR/OFFEROR
  
 /s/ PAUL J.
HERRON
 (Signature of person authorized to sign)
	 	
15C. DATE SIGNED
  
 11/1/15
	 	 16B. CONTRACT AUTHORITY

 
     /s/ BRIAN MCKAIN

(Signature of Contracting Officer)
	 	 16C. DATE SIGNED

 
 11/9/15
	 	 

 *Blank spaces contained confidential information which has been filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. 








									
	 CONTINUATION SHEET
	 	REQUISITION NO.               
     	 	 PAGE OF

2         2



									
	 CONTRACT/ORDER NO.
 ACN-13-FX/039
	 	 AWARD/ EFFECTIVE DATE  

01/04/2015
	 	MASTER/AGENCY CONTRACT NO.	 	SOLICITATION NO.	 	 SOLICITATION ISSUE DATE



											
	ITEM NO	 	SCHEDULE OF SUPPLIES / SERVICES	 	QUANTITY	 	
    UNIT    
	 	UNIT PRICE	 	
AMOUNT

	 	 	 consent to any subsequent waiver or modification.

 
 All other terms and conditions remain the same.

Sub Rept Req’d: Y Carrier Code: FX Route Termini
 S: Various Route Termini End: Various Payment Terms:
 SEE CONTRACT

Period of Performance: 12/01/2014 to 09/30/2020