Beam Switching Sample Clauses

Beam Switching. PAS-3. Certain of the Buyer's Transponders on PAS-3 are designed to be capable of operation from different uplink Beams. Their current configuration is shown in Appendix A. Upon Buyer'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 customers, PanAmSat will, if required, but not to be on a frequent basis, make additional changes to the uplink Beam of these switchable Transponders; provided as follows: (a) if the change cannot be accomplished using reasonable engineering standards, this Agreement shall continue to operate with the Buyer's Transponders in their then-existing configuration, as if the request for a change had not been made; (b) if Buyer requested the change in order to replace Buyer's Transponder to be uplinked from a location which was lost because of a failure of another Buyer's Transponder to meet the Performance Specifications, in circumstances in which such other Buyer's Transponder could not be restored with "Spare Equipment" or "Substitute Capacity," as defined in Section 5.3, PanAmSat shall bear the risk of loss if the Buyer's Transponder(s) is damaged or made unusable as a result of attempting to make the change (i.e., if the Performance Specifications for such Transponder can no longer be met, the provisions of this Agreement that apply to a failure of a Buyer's Transponder on a Confirmed Basis shall apply); and (c) except as provided in the preceding clause (b), Buyer shall accept the risk of loss if the Buyer's Transponder(s) is damaged or made unusable as a result of attempting to make the switch (i.e., the Buyer's Transponder shall not be deemed to have failed on a Confirmed Basis).
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Related to Beam Switching

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