Common use of Additional Obligations of the Company Clause in Contracts

Additional Obligations of the Company. 12.1 In addition to other obligations set forth herein, the Company agrees as follows: (a) To use all reasonable endeavours to procure and maintain all licenses, approvals and government authorisations necessary to provide the Space Segment for provision of the Services by the LESO hereunder and to comply with all statutes, by-laws, regulations and requirements of any government or other competent authority applicable to the Company; (b) Notwithstanding the provisions of Clause 12.1(a) above, the procurement or maintenance of all licences, approvals or authorisations shall be at the reasonable discretion of the Company, in any country where the relevant authority imposes fiscal or other requirements as a condition of granting such licence and such licences or conditions are likely to give rise to a financial liability on the Company during the term of this Agreement, subject to the following procedure being implemented: (i) as soon as possible after notification of such fiscal or other requirements, the Company shall inform all LESOs of the country requirements; (ii) the Company shall consult with any LESO that wishes to provide the Services in such a country with a view to apportionment of costs between the Company and all other LESOs that wish to provide Services in that country or structuring the delivery of the Services in a manner that will comply with the requirements of the relevant authority; (iii) where the Company and the LESOs are unable to reach agreement on such an arrangement the Company may elect not to pursue a licence in that country or may rescind an already existing licence in that country; (iv) the total liability of the Company in relation to all such licences or authorisations for all countries in any calendar year shall not exceed ****% (****) per annum of the total revenue of the Company generated by all Services in the immediately preceding calendar year; (v) allocation of funds available between such countries shall be at the reasonable discretion of the Company; (vi) where additional LESOs commence the provision of Services in that country, they will be required to contribute to the overall costs of maintaining such a presence in that country on the same basis as all other LESOs providing Services in that country; (vii) For the avoidance of doubt, the provisions of Clauses 9.5 and 9.6 shall not apply to the additional costs that may arise under this Clause pursuant to any arrangement entered into by the Company and the LESO. (c) To use its best efforts in undertaking such steps as are necessary to assure that the Company is entitled (i) to maintain orbital slots for the Satellites at the orbital positions contemplated in this Agreement and to undertake such steps as are necessary to maintain those slots throughout the Extended Term of this Agreement, (ii) to maintain the numbering schemes of the Organization in effect prior to the Commencement Date, and (iii) to maintain the authority to allocate MES identification numbers after the Commencement Date as necessary to perform its obligations hereunder; (d) To comply with the terms of any agreements that the Company may have undertaken with the Organization; and (e) Not to hold itself out as agent or principal of the LESO in any correspondence or other dealings relating to the provision of Services via the Space Segment. 12.2 The Company may engage in Generic Marketing to support and promote the Company’s brand and may work in conjunction with the LESO on joint marketing activities. 12.3 The Company may also engage in Direct Marketing to individuals or entities provided that: (a) the Company shall not contact MES users in the ESAS database for the purposes of conducting such Direct Marketing (the Company shall be free to conduct Direct Marketing from other available sources of information); (b) the Company shall notify all LES Operators providing a particular Service in advance of any Direct Marketing being carried out in relation to that Service and shall provide to all such LES Operators full details of the proposed Direct Marketing; (c) the LES Operators providing that Service shall have 10 Business Days from the date the notification is sent by the Company within which to comment on the Direct Marketing proposal and in the absence of any objections within that time period from such LES Operators, the Company shall be free to proceed with the Direct Marketing; (d) If any LES Operator providing the Service has objections to the Direct Marketing proposal, it shall notify the Company within the time period, giving full details of its objections and the rationale for such objections. The Company shall take any objections raised by such a LESO into consideration and shall respond to such objections within 5 Business Days of receipt. If the outstanding objections are resolved, the Company shall be free to proceed with the Direct Marketing. (e) If outstanding objections are not resolved, the LESO may propose an alternative solution. If the LESO does not present a satisfactory solution or alternative recommendation, the Company may proceed with the Direct Marketing where at least one LESO that provides that particular Service consents to the Direct Marketing.

Additional Obligations of the Company. 12.1 In addition to other obligations set forth herein, the Company agrees as follows: (a) To use all reasonable endeavours to procure and maintain all licenses, approvals and government authorisations necessary to provide the Space Segment for provision of the Services by the LESO hereunder and to comply with all statutes, by-laws, regulations and requirements of any government or other competent authority applicable to the Company; (b) Notwithstanding the provisions of Clause 12.1(a12.1 (a) above, the procurement or maintenance of all licences, approvals or authorisations shall be at the reasonable discretion of the Company, in any country where the relevant authority imposes fiscal or other requirements as a condition of granting such licence and such licences or conditions are likely to give rise to a financial liability on the Company during the term of this Agreement, subject to the following procedure being implemented: (i) as soon as possible after notification of such fiscal or other requirements, the Company shall inform all LESOs of the country requirements; (ii) the Company shall consult with any LESO that wishes to provide the Services in such a country with a view to apportionment of costs between the Company and all other LESOs that wish to provide Services in that country or structuring the delivery of the Services in a manner that will comply with the requirements of the relevant authority; (iii) where the Company and the LESOs are unable to reach agreement on such an arrangement the Company may elect not to pursue a licence in that country or may rescind an already existing licence in that country; (iv) the total liability of the Company in relation to all such licences or authorisations for all countries in any calendar year shall not exceed [****]% ([****]) per annum annumn of the total revenue of the Company generated by all Services in the immediately preceding calendar year; (v) allocation of funds available between such countries shall be at the reasonable discretion of the Company; (vi) where additional LESOs commence the provision of Services in that country, they will be required to contribute to the overall costs of maintaining such a presence in that country on the same basis as all other LESOs providing Services in that country; (vii) For the avoidance of doubt, the provisions of Clauses 9.5 and 9.6 shall not apply to the additional costs that may arise under this Clause pursuant to any arrangement entered into by the Company and the LESO. (c) To use its best efforts in undertaking such steps as are necessary to assure that the Company is entitled (i) to maintain orbital slots for the Satellites at the orbital positions contemplated in this Agreement and to undertake such steps as are necessary to maintain those slots throughout the Extended Term of this Agreement, (ii) to maintain the numbering schemes of the Organization in effect prior to the Commencement Date, and (iii) to maintain the authority to allocate MES identification numbers after the Commencement Date as necessary to perform its obligations hereunder; (d) To comply with the terms of any agreements that the Company may have undertaken with the Organization; and (e) Not to hold itself out as agent or principal of the LESO in any correspondence or other dealings relating to the provision of Services via the Space Segment. 12.2 The Company may engage in Generic Marketing to support and promote the Company’s brand and may work in conjunction with the LESO on joint marketing activities. 12.3 The Company may also engage in Direct Marketing to individuals or entities provided that: (a) the Company shall not contact MES users in the ESAS database for the purposes of conducting such Direct Marketing (the Company shall be free to conduct Direct Marketing from other available sources of information); (b) the Company shall notify all LES Operators providing a particular Service in advance of any Direct Marketing being carried out in relation to that Service and shall provide to all such LES Operators full details of the proposed Direct Marketing; (c) the LES Operators providing that Service shall have 10 Business Days from the date the notification is sent by the Company within which to comment on the Direct Marketing proposal and in the absence of any objections within that time period from such LES Operators, the Company shall be free to proceed with the Direct Marketing; (d) If any LES Operator providing the Service has objections to the Direct Marketing proposal, it shall notify the Company within the time period, giving full details of its objections and the rationale for such objections. The Company shall take any objections raised by such a LESO into consideration and shall respond to such objections within 5 Business Days of receipt. If the outstanding objections are resolved, the Company shall be free to proceed with the Direct Marketing. (e) If outstanding objections are not resolved, the LESO may propose an alternative solution. If the LESO does not present a satisfactory solution or alternative recommendation, the Company may proceed with the Direct Marketing where at least one LESO that provides that particular Service consents to the Direct Marketing.Business

Additional Obligations of the Company. 12.1 In addition to other obligations set forth herein, the Company agrees as follows: (a) To use all reasonable endeavours to procure and maintain all licenses, approvals and government authorisations necessary to provide the Space Segment for provision of the Services by the LESO hereunder and to comply with all statutes, by-laws, regulations and requirements of any government or other competent authority applicable to the Company; (b) Notwithstanding the provisions of Clause 12.1(a) above, the procurement or maintenance of all licences, approvals or authorisations shall be at the reasonable discretion of the Company, in any country where the relevant authority imposes fiscal or other requirements as a condition of granting such licence and such licences or conditions are likely to give rise to a financial liability on the Company during the term of this Agreement, subject to the following procedure being implemented: (i) as soon as possible after notification of such fiscal or other requirements, the Company shall inform all LESOs of the country requirements; (ii) the Company shall consult with any LESO that wishes to provide the Services in such a country with a view to apportionment of costs between the Company and all other LESOs that wish to provide Services in that country or structuring the delivery of the Services in a manner that will comply with the requirements of the relevant authority; (iii) where the Company and the LESOs are unable to reach agreement on such an arrangement the Company may elect not to pursue a licence in that country or may rescind an already existing licence in that country; (iv) the total liability of the Company in relation to all such licences or authorisations for all countries in any calendar year shall not exceed ****% (****) per annum of the total revenue of the Company generated by all Services in the immediately preceding calendar year; (v) allocation of funds available between such countries shall be at the reasonable discretion of the Company; (vi) where additional LESOs commence the provision of Services in that country, they will be required to contribute to the overall costs of maintaining such a presence in that country on the same basis as all other LESOs providing Services in that country; (vii) For the avoidance of doubt, the provisions of Clauses 9.5 and 9.6 shall not apply to the additional costs that may arise under this Clause pursuant to any arrangement entered into by the Company and the LESO. (c) To use its best efforts in undertaking such steps as are necessary to assure that the Company is entitled (i) to maintain orbital slots for the Satellites at the orbital positions contemplated in this Agreement and to undertake such steps as are necessary to maintain those slots throughout the Extended Term of this Agreement, (ii) to maintain the numbering schemes of the Organization in effect prior to the Commencement Effective Date, and (iii) to maintain the authority to allocate MES identification numbers after the Commencement Effective Date as necessary to perform its obligations hereunder; (dc) To comply with the terms of any agreements that the Company may have undertaken with the Organization; and; (ed) Not to hold itself out as agent or principal of the LESO in any correspondence or other dealings relating to the provision of Services via the Space Segment.; and 12.2 The Company may (e) Throughout the Initial Term, not to (i) engage in Generic Marketing any direct marketing, canvassing or solicitation to any individuals or entities with respect to sale of the Services (provided that the Company shall be permitted to engage in generic marketing to support and promote the Company’s 's brand in support to the LESO, and may work other LES Operators; and provided further that the term "generic marketing" shall be deemed to include working in conjunction with the LESO on joint marketing activities. 12.3 The Company may also engage ), (ii) enter into any contracts with MES end-users or any of the LESO's Resellers or agents in Direct Marketing respect of the Services other than the standard terms and conditions necessary for service activation or to individuals or entities provided that: become a PSA, (aiii) the Company shall not knowingly contact MES end-users in the ESAS database directly for the purposes purpose of conducting such Direct Marketing (marketing surveys without the written consent of the LESO, provided, however, that the Company shall be free to conduct Direct Marketing marketing surveys for the benefit of the LESOs from other available sources of information); (b) , and provided further that the Company shall notify make available to the LESO and all LES Operators providing a particular Service in advance the results of any Direct Marketing its marketing surveys, both parties being carried out in relation subject to that Service the provisions of Clause 14 hereof, and shall provide (iv) distribute customer leads to all such the LESO and other LES Operators except on an impartial and uniform basis, unless this is not appropriate or practical, and in such cases full details disclosure of the proposed Direct Marketing; (c) reasons and logistics behind such distribution shall be made to the LES Operators providing that Service LESO. Nothing in this provision shall have 10 Business Days from the date the notification is sent by prevent the Company within which to comment on the Direct Marketing proposal from interfacing directly with manufacturers of LESs, MESs and in the absence of any objections within that time period from such LES Operators, the Company shall be free to proceed with the Direct Marketing; (d) If any LES Operator providing the Service has objections other equipment related to the Direct Marketing proposalServices and their agents. 13 SPACE SEGMENT MANAGEMENT Provision of Space Segment Capacity 13.1 The Company shall, it shall notify in accordance with this Clause, provide Space Segment capacity on Second Generation and Third Generation Satellites to enable the Company within the time period, giving full details of its objections and the rationale for such objectionsLESO to provide Services. The Company shall take any objections raised by such a LESO into consideration and shall respond to such objections within 5 Business Days of receipt. If the outstanding objections are resolvedalso provide Space Segment capacity on Subsequent Satellites, if the Company chooses to offer Existing or Evolved Services on such Satellites, in a manner consistent with the Authorization and the terms and conditions of this Agreement. 13.2 The characteristics of Second and Third Generation Satellites and their capacity are defined in Annex L. The primary aim of the Company with respect to Space Segment management shall be free to proceed continue to provide Space Segment capacity to the LESO and all other LES Operators with Inmarsat-3 Satellites, or with Inmarsat-2 Satellites in the event of Inmarsat-3 Satellite failures or other capacity shortfall. The Company shall use its reasonable endeavours to provide that capacity in accordance with the Direct Marketing.Network Performance Objectives described in Annex N. Nothing herein shall require the Company to procure additional satellite capacity. Use of Third Generation Satellites 13.3 The Company shall provide Space Segment capacity for Services on Third Generation Satellites at the following orbital locations with: (a) the station keeping to two tenths (0.2) of a degree at the equatorial crossing; and (b) an orbital inclination less than two point seven (2.7) degrees: AOR-West Region at 54 degrees West AOR-East Region at 15.5 degrees West IOR Region at 64 degrees East POR Region at 178 degrees East 13.4 The location of the fifth Third Generation Satellite, located initially at 25 degrees East, shall be at the discretion of the Company, subject to Clause 13.6 (a). Use of Second Generation Satellites 13.5 The Second Generation Satellites shall be deployed, at the discretion of the Company, and subject to Clause 13.6 (b), at any of the following orbital locations, respectively: (ea) If outstanding objections are not resolved, the LESO may propose an alternative solution. If the LESO does not present a satisfactory solution or alternative recommendation, the Company may proceed with the Direct Marketing where at least one LESO that provides that particular Service consents locations adjacent to the Direct Marketingfour Third Generation Satellites referred to in Clause 13.3: * AOR-West Region at 55 degrees West; * AOR-East Region at 17 degrees West; * IOR Region at 65 degrees East; * POR Region at 179 degrees East.