Action to Protect Satellite. SES Americom shall have sole and exclusive control of operation of the Satellite. If circumstances occur which in SES Americom’s reasonable judgment pose a threat to the stable operation of the Satellite, SES Americom shall have the right to take action it reasonably believes necessary to protect the Satellite, including discontinuance or suspension of operation of the Satellite or any Channel, without any liability to Customer, except as otherwise set forth in this Agreement, ***. If the discontinuance or suspension of operation is permanent, then, if the discontinuance applies to the entire Satellite, it shall be treated as a Satellite Failure for purposes of Section 2.C, and if the discontinuance applies to particular Channels, it shall be treated as a Partial Loss for purposes of Section 2.C. SES Americom shall give Customer as much notice as practical under the circumstances of any such discontinuance or suspension. If it becomes necessary to discontinue or suspend service on one or more Channels on the Satellite, and operational circumstances allow SES Americom to select the Channel or Channels to be discontinued or suspended, SES Americom will consult with Customer and implement Customer’s preferred course of action, such consultation to take place prior to action by SES Americom unless more immediate action is necessary.
Action to Protect Satellite. ViaSat shall have sole and exclusive control of operation of the Satellite, subject to consultation with Loral, and shall exercise its control in a fair and evenhanded manner, having due regard to its interests and the interests of Loral in the health and functionality of the Satellite. Notwithstanding anything to the contrary herein, if circumstances occur which in ViaSat’s reasonable judgment pose a threat to the stable operation or health of the Satellite, including without limitation any failure of the Satellite to meet its performance specifications (including but not limited to permanent or recurrent shortage of electric power or a material breach in the operating or Satellite payload access procedures by Loral or its designees or customers), ViaSat shall have the right to take any action it reasonably believes necessary to protect the Satellite, including discontinuance or suspension of operation of the Satellite, any transponders (including the Loral Payload) without any liability to Loral, its designees or customers so long as it provides notice to Loral in accordance with the terms of this paragraph below and proceeds in a fair and evenhanded manner, without discrimination against the Loral Payload or the customers it serves. ViaSat shall provide Loral as much notice as practical under the circumstances of any such discontinuance or suspension of operation of the Satellite payload or the Loral Payload (or portion thereof). Under no circumstances shall ViaSat be responsible for any loss or damage to Loral, its designees or customers for any action taken by ViaSat in conformity with this Section 5.7, except to the extent that ViaSat’s actions are not taken in good faith and result in a disproportionate damage to the Loral Payload or the customers it serves. Notwithstanding anything to the contrary herein, ViaSat shall operate the Satellite in accordance with applicable regulations and subject to applicable regulatory authorities.
Action to Protect Satellite. As long as the Satellite is licensed to Customer, if circumstances occur that threaten the stable operation of the Satellite, then SATS shall consult with Customer and implement Customer’s preferred course of action with respect to such threat, such consultation to take place prior to any action by SATS unless more immediate action is necessary in SATS’ *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. reasonable judgment, in which case, SATS shall have the right to take any and all actions it reasonably believes are necessary or advisable to protect the Satellite, including discontinuance or suspension of operation of the Satellite, the Transponder(s) or any other transponder, without any liability to Customer, except that Customer may receive an Interruption Credit computed as provided in Article III of this Agreement. In the event the Satellite is not licensed to Customer, if circumstances occur, which in SATS’ reasonable judgment pose a threat to the stable operation of the Satellite, SATS shall have the right to take any and all actions it reasonably believes are necessary or advisable to protect the Satellite, including discontinuance or suspension of operation of the Satellite, the Transponder(s) or any other transponder, without any liability to Customer, except that Customer may receive an Interruption Credit computed as provided in Article III of this Agreement. SATS shall give Customer as much notice as practical under the circumstances of any such discontinuance or suspension. If it becomes necessary to discontinue or suspend service on one or more transponders on the Satellite, and operational circumstances allow SATS to select the transponder or transponders to be discontinued or suspended, SATS will follow the procedures set forth in Section 1.3 above. Notwithstanding any other provision set forth in this Agreement, SATS shall not be required to take any action that, in SATS’ reasonable technical judgment, may cause harm to the Satellite.
Action to Protect Satellite. The Satellite Operator shall have sole and exclusive control of operation of the Satellite. If circumstances occur which in the Satellite Operator's reasonable judgment pose a threat to the stable operation of the Satellite, CCSS, or the Satellite Operator shall have the right to take appropriate action to protect the Satellite, including discontinuance or suspension of operation of the Satellite, the transponder on which Client is taking service, or any other transponder, without any liability to Client, except that Client shall receive a credit computed as provided in Item 6.8.1 of this Agreement. CCSS shall give Client as much notice as practical under the circumstances of any such discontinuance or suspension. If it becomes necessary to discontinue or suspend service on one or more transponders on the Satellite, and operational circumstances allow the Satellite Operator to select the transponder or transponders to be discontinued or suspended, including the transponder on which Client is taking service, the Satellite Operator will make such selection as it sees fit without any liability to Client, except that Client shall receive a credit computed as provided in Item 6.8.1 of this Agreement. In addition, the Satellite Operator reserves the right to periodically transmit essential station keeping signals to selected transponders including Client's Transponders. Such transmissions will not degrade the performance of such receiving transponder.
Action to Protect Satellite. Notwithstanding anything to the contrary set forth herein, SES Americom shall have Ultimate Control of the Satellite when the Satellite is located at an SES Orbital Location. Notwithstanding anything to the contrary set forth herein, the Satellite shall be subject to the Ultimate Control of Customer or the licensee when the AMC-16 Satellite is located at an orbital location other than an SES Orbital Location. If circumstances occur which in SES Americom's reasonable judgment pose a threat to the stable operation of the Satellite, SES Americom shall have the right to take action it reasonably believes necessary to protect the Satellite, including discontinuance or suspension of operation of the Satellite or any Channel, without any liability to Customer, except as otherwise set forth in this Agreement, *** If the discontinuance or suspension of operation is permanent, then, if the discontinuance ***Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act.
Action to Protect Satellite. EchoStar shall have sole and exclusive control of operation of the Satellite. If circumstances occur which in EchoStar's reasonable judgment pose a threat to the stable operation of the Satellite, EchoStar shall have the right to take any and all actions it reasonably believes are or may be necessary or advisable to protect the Satellite, including discontinuance or suspension of operation of the Satellite, the Transponder(s) or any other transponder, without any liability to Customer, except that Customer may receive an Interruption Credit computed as provided in Article III of this Agreement. EchoStar shall give Customer as much notice as practical under the circumstances of any such discontinuance or suspension. If it becomes necessary to discontinue or suspend service on one or more transponders on the Satellite, and operational circumstances allow EchoStar to select the transponder or transponders to be discontinued or suspended, EchoStar will make such selection in Reverse Contract Order.
Action to Protect Satellite. SES Americom shall have sole and exclusive control of operation of the Satellite. If circumstances occur which in SES Americom's reasonable judgment pose a threat to the stable operation of the Satellite, SES Americom shall have the right to take action it reasonably believes necessary to protect the Satellite, including discontinuance or suspension of operation of the Satellite, the Transponder(s) or any other transponder, without any liability to Customer, except that Customer may receive a credit computed as provided in Article 3 hereunder, and Customer may treat any affected Transponders as Transponder Failures and exercise the rights Customer has hereunder related to Transponder Failures. SES Americom shall give Customer as much notice as practical under the circumstances of any such discontinuance or suspension. If it becomes necessary to discontinue or suspend service on one or more transponders on the Satellite, and operational circumstances allow SES Americom to select the transponder or transponders to be discontinued or suspended, SES Americom will make such selection in Reverse Contract Order, without distinction, for purposes of this Section, between the Satellite's C-band and Ku-band payloads.
Action to Protect Satellite. GE shall have sole and exclusive control of operation of the GE Satellite. If circumstances occur which in GE's reasonable judgment pose a threat to the stable operation of the GE Satellite, GE shall have the right to take appropriate action to protect the Satellite, including discontinuance or suspension of operation of the GE Satellite, the GE Transponder on which Customer is taking service or any other transponder, without any liability to Customer, except that Customer may be entitled to receive a credit as provided for in this Agreement. AvData shall give Customer as much notice as practical under the circumstances of any such discontinuance or suspension.
Action to Protect Satellite. EHC shall have sole and exclusive control of operation of the Satellite. If circumstances occur which in EHC’s reasonable judgment pose a threat to the stable operation of the Satellite, EHC shall have the right to take any and all actions it reasonably believes are or may be necessary or advisable to protect the Satellite, including discontinuance or suspension of operation of the Satellite, the Transponder(s) or any other transponder, without any liability to Customer, except that Customer may receive an Interruption Credit computed as provided in Article III of this Agreement. EHC shall give Customer as much notice as practical under the circumstances of any such discontinuance or suspension. If it becomes necessary to discontinue or suspend service on one or more transponders on the Satellite, and operational circumstances allow EHC to select the transponder or transponders to be discontinued or suspended, EHC will make such selection in Reverse Contract Order.
Action to Protect Satellite. GE Americom shall have sole and exclusive --------------------------- control of operation of the Satellite. If circumstances occur which in GE Americom's reasonable judgment pose a threat to the stable operation of the Satellite, GE Americom shall have the right to take action it reasonably believes necessary to protect the Satellite, including discontinuance or suspension of operation of the Satellite, the Transponder(s) or any other transponder, without any liability to Customer, except that Customer may ,receive a credit computed as provided in Article 3 hereunder. GE Americom shall give Customer as much notice as practical under the circumstances of any such discontinuance or suspension. If it becomes necessary to discontinue or suspend service on one or more transponders on the Satellite, and operational circumstances allow GE Americom to select the transponder or transponders to be discontinued or suspended, GE Americom will make such selection in Reverse Contract Order, without distinction for purposes of this Section, between the Satellite's C-band and Ku-band payloads.
