Failure Review Board Sample Clauses

Failure Review Board. If any configuration of the Falcon 9, or its derivatives (with or without a Dispenser), experiences Launch Failure, then Contractor shall only perform the remaining Launch Services under this Contract after the most probable cause of the failure has been identified and corrective actions have been implemented to the satisfaction of the applicable failure review board (the “Failure Review Board”) convened by Contractor to evaluate the root cause of such failure. If Contractor has not already convened a Failure Review Board to evaluate such failure or underperformance, then Customer may give written notice to Contractor requesting that a Failure Review Board be convened. The Failure Review Board shall consist of those technical disciplines necessary to assess the failure, its cause and necessary corrective action, if any, required for future launches. Subject to applicable [***…***]. Customer, Subject to applicable [***…***]. Contractor shall [***…***] that are provided to [***…***].
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Failure Review Board. If the Falcon 1e or Falcon 9 experience a Launch Failure (and the Falcon 9 Launch Failure is attributable to a first stage engine, but not the result of the clustering of the engines), then SpaceX shall only perform subsequent Launch Services under this Agreement once the most probable cause of the Launch Failure has been identified and corrective actions have been implemented to the satisfaction of the applicable failure review board (the “Failure Review Board”) convened by SpaceX to evaluate the root cause of such Launch Failure. If SpaceX has not already convened a Failure Review Board to evaluate such failure or underperformance, then Customer may give written notice to SpaceX requesting that a Failure Review Board be convened. The Failure Review Board shall consist of those technical disciplines necessary to assess the failure, its cause and necessary corrective action, if any, required for future launch services. SpaceX shall present to Customer the results of the final investigation by the Failure Review Board including probable cause of failure, corrective action and impact on the Launch Services subject to the confidentiality obligations under this Agreement and applicable export control laws and regulations.
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Failure Review Board. If any configuration of the Launch Vehicle, or its derivatives, experiences Launch Failure, then Contractor shall only perform the Launch Services under this Agreement after the most probable cause of the failure has been identified and corrective actions have been implemented to the satisfaction of the applicable failure review board (the “Failure Review Board”) convened by Contractor to evaluate the root cause of such failure. The Failure Review Board shall consist of those technical disciplines necessary to assess the failure, its cause and necessary corrective action, if any, required for future launches. (***) subject to applicable regulatory and confidentiality requirements, Contractor shall present to Customer the results of the final investigation of the Failure Review Board that are provided to the U.S. Federal Aviation Administration.
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Failure Review Board. In the event of a suspected Partial Failure, Total Failure or Constructive Total Failure, implementation of this Launch Risk Protection shall be based on the findings of the Failure Review Board. ICO will receive notice of the findings of the Failure Review Board. If Launch Provider has not already convened a Failure Review Board to evaluate a suspected Total Failure, Constructive Total Failure or Partial Failure, then ICO may give written notice to Launch Provider requesting that a Failure Review Board be convened. 2.7.1 The Failure Review Board shall consist of those technical disciplines determined by Launch Provider to be necessary to assess the failure, its cause and necessary corrective action, if any, required for future launches. ICO may provide representation to the Failure Review Board, but such representation shall be limited to data review, consultation and recommendation only. ICO will provide evidence of the damage, if any, to the Spacecraft as a result of the failure. The Failure Review Board shall make a determination of whether there has been a Partial Failure, Total Failure or Constructive [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED. Total Failure and, in making such determination, shall consider the decision of any insurers providing coverage for such events to pay or refuse the payment of claims arising therefrom. 2.7.2 In the event the Failure Review Board fails to render a decision within [*] days of the Launch or ICO and Launch Provider do not otherwise reach mutual agreement as to occurrence of a Total Failure, Constructive Total Failure or Partial Failure, or in the event ICO disagrees with the findings of the Failure Review Board, both ICO and Launch Provider shall promptly and without undue delay, each appoint an expert in the field who is independent from both ICO or Launch Provider. The two (2) experts shall review all of the materials provided to the Failure Review Board and, following this review, transmit their findings in writing to ICO and Launch Provider at the same time. In the event of disagreement between the two (2) experts, these experts shall appoint a third expert who is independent from both who shall review the materials provided to the Failure Review Board, and all decisions of this panel of three experts shall be by majority vote. In the event the experts fail to agree upon appointment of a third expert within thirty (30) days of written notice by ICO and Launch Provider...
Sample 1
Failure Review Board. If any configuration of the Launch Vehicle (with or without the Dispenser) experiences a launch failure or underperformance (including a Total Launch Failure), then Contractor shall only be allowed to perform the Launch Service under this Contract after the most probable cause of the launch failure or underperformance has been identified and corrective actions have been implemented to the satisfaction of the applicable failure review board (the “Failure Review Board”) convened by a relevant State Party of the Russian Federation with participation of the Ukraine. The Failure Review Board shall consist of those technical disciplines necessary to assess the failure, its cause and necessary correction action, if any, required for future launches. Contractor shall present to Customer the results, acceptable to Customer and the insurers, of the final investigation by the Failure Review Board including documentary evidence which sets forth the probable cause of failure, corrective action and any impact on Customer’s Launch. Customer may determine, at its sole discretion and based on the documentary evidence, when Contractor may perform the Launch Service under this Contract following any launch failure or underperformance. Any Launch delay(s) that may result from the resolution of any Failure Review Board finding shall not be deemed to be a delay by Customer.
Sample 1
Failure Review Board. If the Falcon 1e or Falcon 9 experience a Launch Failure (and the Falcon 9 Launch Failure is attributable to a first stage engine, but not the result of the clustering of the engines), then SpaceX shall only perform subsequent Launch Services under this Agreement once the most probable cause of the Launch Failure has been identified and corrective actions have been implemented to the satisfaction of the applicable failure review board (the “Failure Review Board”) convened by SpaceX to evaluate the root cause of such CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Launch Failure. If SpaceX has not already convened a Failure Review Board to evaluate such failure or underperformance, then Customer may give written notice to SpaceX requesting that a Failure Review Board be convened. The Failure Review Board shall consist of those technical disciplines necessary to assess the failure, its cause and necessary corrective action, if any, required for future launch services. SpaceX shall present to Customer the results of the final investigation by the Failure Review Board including probable cause of failure, corrective action and impact on the Launch Services subject to the confidentiality obligations under this Agreement and applicable export control laws and regulations.
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Related to Failure Review Board

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