Common use of Customer Operation of the Clause in Contracts

Customer Operation of the. Satellite If, following the IOT Complete Date and hand-over of the Satellite to Customer in accordance with Article 8.4 (IOT Data Review (IOTR)), as a result of Customer not operating the Satellite as a Properly Operated Satellite, or as a result of operational errors, Gross Negligence or willful misconduct on the part of Customer or Customer’s representatives, consultants or subcontractors in the operation of the Satellite, such Satellite has experienced a Partial Loss or Total Loss, Boeing shall retain the Capacity OPI with respect to the Satellite in the amount that would have been retained prior to the act or omission resulting in degraded performance and shall retain Redundancy OPI which will not be subject to any loss of any resulting Redundancy OPI with respect to the Satellite due to the act or omission resulting in degraded performance. The preceding paragraph of this Article 11.5 shall not apply to the extent that the Satellite operates in a manner that is not in accordance with any requirement of Exhibit B (Satellite and Common Subsystem Technical Specification) or Exhibit B2 (F-2 (Satmex 7) Payload and Satellite Unique Technical Specification) as a result of errors in the Satellite operation procedures delivered by Boeing or as a result of Customer not receiving timely support from Boeing as and when required in accordance with this Contract or due to a Software Failure. Notwithstanding the foregoing, any combination or modification by Customer of Software that is not approved by Boeing relieves Boeing of any further obligation to Customer in connection the maintenance of such Software.

Customer Operation of the. Satellite If, following the IOT Complete Date and hand-over of the Satellite to Customer in accordance with Article 8.4 (IOT Data Review (IOTR)), as a result of Customer not operating the Satellite as a Properly Operated Satellite, or as a result of operational errors, Gross Negligence or willful misconduct on the part of Customer or Customer’s representatives, consultants or subcontractors in the operation of the Satellite, such Satellite has experienced a Partial Loss or Total Loss, Boeing shall retain the Capacity OPI with respect to the Satellite in the amount that would have been retained prior to the act or omission resulting in degraded performance and shall retain Redundancy OPI which will not be subject to any loss of any resulting Redundancy OPI with respect to the Satellite due to the act or omission resulting in degraded performance. The preceding paragraph of this Article 11.5 shall not apply to the extent that the Satellite operates in a manner that is not in accordance with any requirement of Exhibit B (Satellite and Common Subsystem Technical Specification) or or, as applicable, Exhibit B2 (F-2 (Satmex 7) Payload and Satellite Unique Technical Specification) or Exhibit B4 (F-4 (Satmex 9) Payload and Common Subsystem Technical Specification), as a result of errors in the Satellite operation procedures delivered by Boeing or as a result of Customer not receiving timely support from Boeing as and when required in accordance with this Contract or due to a Software Failure. Notwithstanding the foregoing, any combination or modification by Customer of Software that is not approved by Boeing relieves Boeing of any further obligation to Customer in connection the maintenance of such Software.