Common use of Degraded Service Clause in Contracts

Degraded Service. Either before or after the applicable Service Date, if a Service Transponder, while operational, does not meet the Service Specifications, Customer shall have the right, within ten (10) days of being notified of this [***] Filed separately with the Commission pursuant to a request for confidential treatment. condition, provisionally to waive the Service Specifications to the extent that they are not met. If Customer gives such a provisional waiver, Customer shall have an additional fifty (50) days (for a total of sixty from being notified of the condition) in which to determine whether to accept the degraded capacity and grant a permanent waiver of the Service Specifications to reflect the affected Transponder(s)' current operating level, or not. The applicable termination provisions of Section 7.2 or 7.3 shall also be stayed during any period in which Customer is considering electing a permanent waiver. If Customer gives a provisional waiver, it shall take and pay for the affected degraded capacity, as if provided in accordance with the Service Specifications until the conclusion of the sixty day period specified above. On or before the end of this sixty-day period, either Customer shall grant a permanent waiver of the Service Specifications or the termination provisions of this Agreement, as to the capacity that does not meet the Service Specifications shall, at that time, apply. If a permanent waiver is given, it shall be deemed to apply retroactively to the time of such failure to meet the Service Specifications (so that, for example, the Service Date shall be deemed to have occurred on the same day as the Service Date of the other Service Transponders on the Satellite that meet their Service Specifications). In such event the Service Specifications for the affected Service Transponder(s) shall be reduced to reflect the current operating level of the affected Service Transponder(s); provided that PanAmSat shall continue, if there are further steps that may practically be taken, to use reasonable efforts to restore the affected Transponder to meet the Service Specifications. For the avoidance of doubt, such a waiver given under Section 2.4 shall not, unless otherwise agreed by Customer, be deemed to apply to any further reduction in performance from the operating level of the affected Service Transponders at the time that the waiver was given.

Degraded Service. Either before or after the applicable Service Date, if a Service Transponder, while operational, does not meet the Service Specifications, Customer shall have the right, within ten (10) days of being notified of this [***] Filed separately with the Commission pursuant to a request for confidential treatment. condition, provisionally to waive the Service Specifications to the extent that they are not met. If Customer gives such a provisional waiver, Customer shall have an additional fifty (50) days (for a total of sixty from being notified of the condition) in which to determine whether to accept the degraded capacity and grant a permanent waiver of the Service Specifications to reflect the affected Transponder(s)' current operating level, or not. The applicable termination provisions of Section 7.2 or 7.3 shall also be stayed during any period in which Customer is considering electing a permanent waiver. [***] Filed separately with the Commission pursuant to a request for confidential treatment. If Customer gives a provisional waiver, it shall take and pay for the affected degraded capacity, as if provided in accordance with the Service Specifications until the conclusion of the sixty day period specified above. On or before the end of this sixty-day period, either Customer shall grant a permanent waiver of the Service Specifications or the termination provisions of this Agreement, as to the capacity that does not meet the Service Specifications shall, at that time, apply. If a permanent waiver is given, it shall be deemed to apply retroactively to the time of such failure to meet the Service Specifications (so that, for example, the Service Date shall be deemed to have occurred on the same day as the Service Date of the other Service Transponders on the Satellite that meet their Service Specifications). In such event the Service Specifications for the affected Service Transponder(s) shall be reduced to reflect the current operating level of the affected Service Transponder(s); provided that PanAmSat shall continue, if there are further steps that may practically be taken, to use reasonable efforts to restore the affected Transponder to meet the Service Specifications. For the avoidance of doubt, such a waiver given under Section 2.4 shall not, unless otherwise agreed by Customer, be deemed to apply to any further reduction in performance from the operating level of the affected Service Transponders at the time that the waiver was given.

Degraded Service. Either before or after the applicable Service Date, if a Service Transponder, while operational, does not meet the Service Specifications, Customer shall have the right, within ten (10) days of being notified of this [***] Filed separately with the Commission pursuant to a request for confidential treatment. condition, provisionally to waive the Service Specifications to the extent that they are not met. If Customer gives such a provisional waiver, Customer shall have an additional fifty (50) days (for a total of sixty from being notified of the condition) in which to determine [***] Filed separately with the Commission pursuant to a request for confidential treatment. whether to accept the degraded capacity and grant a permanent waiver of the Service Specifications to reflect the affected Transponder(s)' current operating level, or not. The applicable termination provisions of Section 7.2 or 7.3 shall also be stayed during any period in which Customer is considering electing a permanent waiver. If Customer gives a provisional waiver, it shall take and pay for the affected degraded capacity, as if provided in accordance with the Service Specifications until the conclusion of the sixty day period specified above. On or before the end of this sixty-day period, either Customer shall grant a permanent waiver of the Service Specifications or the termination provisions of this Agreement, as to the capacity that does not meet the Service Specifications shall, at that time, apply. If a permanent waiver is given, it shall be deemed to apply retroactively to the time of such failure to meet the Service Specifications (so that, for example, the Service Date shall be deemed to have occurred on the same day as the Service Date of the other Service Transponders on the Satellite that meet their Service Specifications). In such event the Service Specifications for the affected Service Transponder(s) shall be reduced to reflect the current operating level of the affected Service Transponder(s); provided that PanAmSat shall continue, if there are further steps that may practically be taken, to use reasonable efforts to restore the affected Transponder to meet the Service Specifications. For the avoidance of doubt, such a waiver given under Section 2.4 shall not, unless otherwise agreed by Customer, be deemed to apply to any further reduction in performance from the operating level of the affected Service Transponders at the time that the waiver was given.

Degraded Service. Either before or after the applicable Service Date, if If a Service Transponder, while operational, does not meet the Service Specifications, Customer shall have the right, within ten (10) days of being notified of this [***] Filed separately with the Commission pursuant to a request for confidential treatment. condition, provisionally to waive the Service Specifications to the extent that they are not met. If Customer gives such a provisional waiver, Customer shall have an additional fifty (50) days (for a total of sixty from being notified of the condition) in which to determine whether to accept the degraded capacity Service and grant a permanent waiver of the Service Specifications to reflect the affected Transponder(s)' current operating level, or not. The applicable termination provisions of Section 7.2 or 7.3 shall also be stayed during any period in which Customer is considering electing a permanent waiver. During this period, Customer and PanAmSat shall negotiate in good faith, to the extent that the degradation reflects a material loss in the Service provided, to reach agreement as an appropriate Service Fee reduction for the affected capacity (which would, if agreed, be applied retroactively to the time of the failure to meet the applicable Service Specifications), provided that nothing herein shall require that a price reduction be given or that an agreement be reached. If Customer gives a provisional waiver, it shall take and pay for (without Outage Credit) the affected degraded capacityService, as if provided in accordance with the Service Specifications until the conclusion of the sixty day period specified above. On or before the end of this sixty-day period, either Customer shall grant a permanent waiver of the Service Specifications (subject to any change in Service Fee as to which both Customer and PanAmSat shall have agreed) or the termination provisions of this Agreement, as to the capacity that does not meet the Service Specifications shall, at that time, apply. If a permanent waiver is given, it shall be deemed to apply retroactively to the time of such failure to meet the Service Specifications (so that, for example, the Service Date shall be deemed to have occurred on the same day as the Service Date of the other Service Transponders on the Satellite that meet their Service Specifications). In such event the Service Specifications for the affected Service Transponder(s) shall be reduced to reflect the current operating level of the affected Service Transponder(s); provided that PanAmSat shall continuecontinues, if there are further steps that may practically be taken, to use reasonable efforts to restore the affected Service Transponder to meet the Service Specifications; provided further that if any price reduction was agreed upon, the restoration of a Service Transponder to its Service Specifications shall also result in the restoration of the original Service Fee to be paid for the applicable capacity from that point forward. For the avoidance of doubt, such a waiver given under this Section 2.4 5.4 shall not, unless otherwise agreed by Customer, be deemed to apply to any further reduction in performance from the operating level of the affected Service Transponders at the time that the waiver was given.