Common use of Eclipse Test Clause in Contracts

Eclipse Test. If there is an eclipse season during the Satellite IOT period, Boeing shall conduct the eclipse test set forth in Exhibit D (Satellite Test Plan) during IOT (the “IOT Eclipse Test”). In the event there is no eclipse season during the Satellite IOT period, then Boeing shall conduct the IOT Eclipse Test set forth in Section 6.2.1 of Exhibit D (Satellite Test Plan) with respect to the Satellite during the first eclipse season after IOT is otherwise completed and provide Customer the results thereof. Customer shall make the Satellite available to Boeing, including the necessary satellite telemetry data, satellite control facilities and networks, in order for Boeing to perform such IOT Eclipse Test; in the event that Customer fails to make such satellite, telemetry data, facilities, and/or network available, the Satellite shall be deemed to have successfully passed such IOT Eclipse Test without any Non-Conformance, anomalies, or degradation. If, as a result of the eclipse test, the Satellite is determined to have a degradation with respect to Exhibit B (Satellite and Common Subsystem Technical Specification) and Exhibit B2 (F-2 (Satmex 7) Payload and Satellite Unique Technical Specification) or to have suffered a Partial Loss or a Total Loss, Customer’s sole and exclusive remedies shall be as set forth in Article 11 (Orbital Performance Incentives) and Article 17.3 (Satellite Non-Conformances and Anomalies), as applicable.

Eclipse Test. If there is an eclipse season during the Satellite IOT period, Boeing shall conduct the eclipse test set forth in Exhibit D (Satellite Test Plan) during IOT (the “IOT Eclipse Test”). In the event there is no eclipse season during the Satellite IOT period, then Boeing shall conduct the IOT Eclipse Test set forth in Section 6.2.1 of Exhibit D (Satellite Test Plan) with respect to the Satellite during the first eclipse season after IOT is otherwise completed and provide Customer the results thereof. Customer shall make the Satellite available to Boeing, including the necessary satellite telemetry data, satellite control facilities and networks, in order for Boeing to perform such IOT Eclipse Test; in the event that Customer fails to make such satellite, telemetry data, facilities, and/or network available, the Satellite shall be deemed to have successfully passed such IOT Eclipse Test without any Non-Conformance, anomalies, or degradation. If, as a result of the eclipse test, the Satellite is determined to have a degradation with respect to Exhibit B (Satellite and Common Subsystem Technical Specification) ), and either Exhibit B2 (F-2 (Satmex 7) Payload and Satellite Unique Technical Specification) or Exhibit B4 (F-4 (Satmex 9) Payload and Satellite Unique Technical Specification), as applicable, or to have suffered a Partial Loss or a Total Loss, Customer’s sole and exclusive remedies shall be as set forth in Article 11 (Orbital Performance Incentives) and Article 17.3 (Satellite Non-Conformances and Anomalies), as applicable.