3A Beam Switching on PAS Sample Clauses

3A Beam Switching on PAS. 6B. Certain of the Customer's Transponders on PAS-6B may be capable of operation in the Brazil downlink Beam. Upon Customer's written request, subject to PanAmSat's consent not to be unreasonably withheld, including, without limitation, for reasons of actual or potential interference to existing satellites, satellites that are under construction and/or notified or subject to other application to the FCC or the ITU, or use by other [***] Filed separately with the Commission pursuant to a request for confidential treatment. (a) if the change cannot be accomplished using reasonable engineering standards, this Agreement shall continue to operate with the Customer's Transponders in their then-existing configuration, as if the request for a change had not been made; (b) Customer shall accept the risk of loss if the Customer's Transponder(s) is damaged or made unusable as a result of attempting to make the switch (i.e., the Customer's Transponder shall not be deemed to have failed on a Confirmed Basis); (c) the Transponder(s) being switched shall continue to count toward Customer's Minimum Complement; (d) for purposes of [**************************] hereunder, any switched Transponder during the period of its switch shall be treated as a "Non-DTH Transponder" (as defined below); and (e) [*********] must consent to such switch.
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