Common use of Access to In-Orbit Data Clause in Contracts

Access to In-Orbit Data. and Measurements Boeing shall have reasonable access to the data records of the Satellite reasonably necessary to enable Boeing together with Customer to determine the entitlement of Boeing to Orbital Performance Incentive hereunder. Any assertion by Customer that a Satellite is less than a Satisfactorily Operating Satellite, and as such is subject to refunds pursuant to Articles 11.1 (General), 11.2 (Capacity OPI) and 11.3 (Redundancy OPI) shall be accompanied by reasonable technical data, reports, and analyses required to establish this conclusion. Boeing shall be given a reasonable opportunity to review all relevant data, but in any case without exceeding thirty (30) days after receiving the notification from Customer of is less than a Satisfactorily Operating Satellite. Should Boeing agree with Customer’s assertion, Boeing shall so notify Customer in writing. Should Boeing disagree with Customer’s assertion, Boeing shall present evidence to the contrary. Customer then shall consider such evidence and consult with Boeing. In the event that the disagreement cannot be resolved within ninety (90) days from the time Boeing receives Customer’s assertion, the disagreement shall be resolved in accordance with Article 33 (Applicable Law and Dispute Resolution). Customer may alternatively in connection with its obligations under this Article 11.7 (Access to In-Orbit Data and Measurements), and in connection with Boeing’s efforts to analyze and support in-orbit Anomaly resolution, provide at its own expense continuous Satellite telemetry via internet or dedicated line connections, at Customer’s sole discretion, between Customer’s Satellite Control Facility and Boeing’s facility in El Segundo, California.