Common use of Consistent Application of Satellite Operating Procedures Clause in Contracts

Consistent Application of Satellite Operating Procedures. PanAmSat shall have similar (but not necessarily identical) restrictions not to interfere with or cause physical harm to the Satellite, its Transponders, and other satellites and their transponders, as contained in this Agreement with all other customers, including any of its Affiliates, having a right to uplink to the Satellite and shall enforce these restrictions (and, to the extent it may use the Satellite for its own services, follow these restrictions itself) in a consistent and nondiscriminatory manner vis-a-vis Customer and the other customers with a right to uplink to the Satellite. Allowing for the fact (understood and accepted by Customer) that technical variations in the kinds of transmissions that different customers may employ, different performance characteristics of different Transponders, differences in the use of adjacent frequencies or the same frequencies on other satellites, other technical factors, and the use of different uplink providers and facilities may require the application of different restrictions to achieve the same non-interference and satellite protection goals, PanAmSat shall not require Customer to follow Operational Requirements or transmission procedures that are more stringent than those imposed upon other customers on the same Satellite in comparable technical circumstances.

Appears in 4 contracts

Samples: Transponder Service Agreement (Panamsat Corp /New/), Transponder Service Agreement (Panamsat Corp /New/), Transponder Service Agreement (Panamsat Corp /New/)

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Consistent Application of Satellite Operating Procedures. PanAmSat shall have similar (but not necessarily identical) restrictions not to interfere with or cause physical harm to the SatelliteSatellites, its their Transponders, and other satellites and their transponders, as contained in this Agreement with all other customers, including any of its Affiliates, having a right to uplink to the Satellite and shall enforce these restrictions (and, to the extent it may use the Satellite them for its own services, follow these restrictions itself) in a consistent and nondiscriminatory manner vis-a-vis Customer Buyer and the other customers with a right to uplink to the SatelliteSatellites. Allowing for the fact (understood and accepted by CustomerBuyer) that technical variations in the kinds of transmissions that different customers may employ, different performance characteristics of different Transponders, differences in the use of adjacent frequencies or the same frequencies on other satellites, other technical factors, and the use of different uplink providers and facilities andfacilities may require the application of different restrictions to achieve the same non-interference and satellite protection goals, PanAmSat shall not require Customer Buyer to follow Operational Requirements or transmission procedures that are more stringent than those imposed upon other customers on the same Satellite in comparable technical circumstances.

Appears in 2 contracts

Samples: Transponder Purchase and Sale Agreement (Panamsat Corp /New/), Transponder Purchase and Sale Agreement (Panamsat Corp /New/)

Consistent Application of Satellite Operating Procedures. PanAmSat shall have similar (but not necessarily identical) restrictions not to interfere with or cause physical harm to the SatelliteSatellites, its their Transponders, and other satellites and their transponders, as contained in this Agreement with all other customers, including any of its Affiliates, having a right to uplink to the Satellite Satellite(s) and shall enforce these restrictions (and, to the extent it may use the Satellite Satellite(s) for its own services, follow these restrictions itself) in a consistent and nondiscriminatory manner vis-a-vis Customer and the other customers with a right to uplink to the SatelliteSatellites. Allowing for the fact (understood and accepted by Customer) that technical variations in the kinds of transmissions that different customers may employ, different performance characteristics of different Transponders, differences in the use of adjacent frequencies or the same frequencies on other satellites, other technical factors, and the use of different uplink providers and facilities may require the application of different restrictions to achieve the same non-interference and satellite protection goals, PanAmSat shall not require Customer to follow Operational Requirements or transmission procedures that are more stringent than those imposed upon other customers on the same Satellite in comparable technical circumstances.

Appears in 2 contracts

Samples: Transponder Service Agreement (Panamsat Corp /New/), Transponder Service Agreement (Panamsat Corp /New/)

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Consistent Application of Satellite Operating Procedures. PanAmSat Without implying any right of Intelsat to permit any third party use of the Satellite other than as provided herein, Intelsat shall have similar (but not necessarily identical) restrictions not to interfere with or cause physical harm to the Satellite, its Transponders, and other satellites and their transponders, as contained in this Agreement with all other customers, including any of its Affiliates, having a right to uplink to the Satellite and shall enforce these restrictions (and, to the extent it may use the Satellite them for its own services, follow these restrictions itself) in a consistent and nondiscriminatory manner vis-a-vis Customer and the other customers with a right to uplink to the Satellite. Allowing for the fact (understood and accepted by Customer) that technical variations in the kinds of transmissions that different customers may employ, different performance characteristics of different Transponders, differences in the use of adjacent frequencies or the same frequencies on other satellites, other technical factors, and the use of different uplink providers and facilities may require the application of different restrictions to achieve the same non-interference and satellite protection goals, PanAmSat Intelsat shall not require Customer to follow Operational Requirements or transmission procedures that are more stringent than those imposed upon other customers on the same Satellite in comparable technical circumstances.

Appears in 1 contract

Samples: Transponder Service Agreement (Grupo Televisa, S.A.B.)

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