Common use of Failure To Commence Service Or To Perform Clause in Contracts

Failure To Commence Service Or To Perform. Any failure or delay in the performance by PanAmSat of its obligation to commence or to continue to provide Service shall not be a breach of this Agreement, if such failure or delay results from any Act of God, governmental action (whether in its sovereign or [***] Filed separately with the Commission pursuant to a request for confidential treatment. contractual capacity), or any other circumstance reasonably beyond the control of PanAmSat, including, but not limited to, receive earth station sun outage, meteorological or astronomical disturbances, earthquake, hurricane, snowstorm, fire, flood, strikes, labor disputes, war, civil disorder, epidemics, quarantines, embargoes, or acts or omissions of Customer or any third parties (except that the acts or omissions of third parties acting on behalf of PanAmSat, including PanAmSat's Satellite manufacturer and launch contractor, shall not constitute a force majeure unless their acts and omissions are themselves the result of force majeure conditions of the kind set forth above). Subject to the following sentence, either party shall be permitted to terminate this Agreement, as to the affected Service Transponder(s), if, because of force majeure conditions: (a) after the applicable Service Date for the Satellite, PanAmSat does not make Service in accordance with the Service Specifications available, the Service Transponders meeting the Service Specifications and their availability cannot be recommenced within sixty (60) days; or (b) the nature of the force majeure event makes it clearly ascertainable that PanAmSat's ability to make available the Service from the Service Transponders meeting the Service Specifications will not be able to recommence within this sixty (60) day period. The foregoing notwithstanding, Customer's rights to terminate under Sections 7.1, 7.1A, and 7.2, and, to the extent a failure to provide Service results from a malfunction of a Satellite, under Section 7.3, shall be governed by those Sections. Customer shall not be permitted to terminate this Agreement if PanAmSat's inability to perform is due to acts or omissions of Customer or its employees, agents, or contractors that are not in conformance with Appendix D or for intermittent failures due to any or all of the following: sun outages, meteorological or astronomical disturbances. In addition, in circumstances that are not governed by Sections 7.1, 7.1A, 7.2, or 7.3 and that are not due to events described in the previous sentence, if Service is not made available by PanAmSat in accordance with the Service Specifications during a [***************] due to a force majeure condition, provided that Customer ceases use of the affected Service Transponders during such period (except in coordination with PanAmSat to determine if the Service can be restored to the Service Specifications), the [**************************] due from Customer for the affected Service Transponders during the applicable [***************] shall be adjusted pro rata to reflect the period during which Service from the Service Transponders was not made available. [***************************************** ***********] [***] Filed separately with the Commission pursuant to a request for confidential treatment.

Failure To Commence Service Or To Perform. Any failure or delay in the performance by PanAmSat of its obligation to commence or to continue to provide Service shall [***] Filed separately with the Commission pursuant to a request for confidential treatment. not be a breach of this Agreement, if such failure or delay results from any Act of God, governmental action (whether in its sovereign or [***] Filed separately with the Commission pursuant to a request for confidential treatment. contractual capacity), or any other circumstance reasonably beyond the control of PanAmSat, including, but not limited to, receive earth station sun outage, meteorological or astronomical disturbances, earthquake, hurricane, snowstorm, fire, flood, strikes, labor disputes, war, civil disorder, epidemics, quarantines, embargoes, or acts or omissions of Customer or any third parties (except that the acts or omissions of third parties acting on behalf of PanAmSat, including PanAmSat's Satellite manufacturer and launch contractor, shall not constitute a force majeure unless their acts and omissions are themselves the result of force majeure conditions of the kind set forth above). Subject to the following sentence, either party shall be permitted to terminate this Agreement, as to the affected Service Transponder(s), if, because of force majeure conditions: (a) after the applicable Service Date for the SatelliteDate, PanAmSat does not make Service in accordance with the Service Specifications available, the Service Transponders meeting the Service Specifications and their availability cannot be recommenced within sixty (60) days; or (b) the nature of the force majeure event makes it clearly ascertainable that PanAmSat's ability to make available the Service from the Service Transponders meeting the Service Specifications will not be able to recommence within this sixty (60) day period. The foregoing notwithstanding, Customer's rights to terminate under Sections 7.1, 7.1A, 7.1 and 7.2, 7.2 and, to the extent a failure to provide Service results from a malfunction of a the Satellite, under Section 7.3, shall be governed by those Sections. Customer shall not be permitted to terminate this Agreement if PanAmSat's inability to perform is due to acts or omissions of Customer or its employees, agents, or contractors that are not in conformance with Appendix D or for intermittent failures due to any or all of the following: sun outages, meteorological or astronomical disturbances. In addition, in circumstances that are not governed by Sections 7.1, 7.1A, 7.2, 7.2 or 7.3 and that are not due to events described in the previous sentence, if Service is not made available by PanAmSat in accordance with the Service Specifications during a [***************] due to a force majeure condition, provided that Customer ceases use of the affected Service Transponders during such period (except in coordination with PanAmSat to determine if the Service can be restored to the Service Specifications), the [**************************Customer shall [ * * * * * * * * * * * * * * * * * * * * ] due from Customer for the affected Service Transponders during the applicable [***************] shall be adjusted pro rata to reflect the period during which Service from the Service Transponders was not made available. [***************************************** ***********] [***] Filed separately with the Commission pursuant to a request for confidential treatmentTransponders.

Failure To Commence Service Or To Perform. Any failure or delay in the performance by PanAmSat of its obligation to commence or to continue to provide Service shall not be a breach of this Agreement, if such failure or delay results from any Act of God, governmental action (whether in its sovereign or [***] Filed separately with the Commission pursuant to a request for confidential treatment. contractual capacity), or any other circumstance reasonably beyond the control of PanAmSat, including, but not limited to, receive earth station sun outage, meteorological or astronomical disturbances, earthquake, hurricane, snowstorm, fire, flood, strikes, labor disputes, war, civil disorder, epidemics, quarantines, embargoes, or acts or omissions of Customer or any third parties (except that the acts or omissions of third parties acting on behalf of PanAmSat, including PanAmSat's Satellite satellite manufacturer and launch contractor, shall not constitute a force majeure unless their acts and omissions are themselves the result of force majeure conditions of the kind set forth above). The foregoing notwithstanding, PanAmSat shall provide Customer with Outage Credits when applicable in accordance with Section 5.2 of this Agreement in circumstances in which PanAmSat is unable to perform because of force majeure conditions, with the exception of force majeure conditions that are attributable to sun outages, meteorological or astronomical disturbances, or acts or omissions of Customer or its employees, agents, or contractors (other than PanAmSat) other than acts or omissions taken in accordance with Appendix D. Subject to the following sentence, either party shall be permitted to terminate this Agreement, as to the affected Service Transponder(s), Agreement if, because of force majeure conditions: (a) after the applicable Service Date for the Satellite, PanAmSat does not make Service in accordance with the Service Specifications available, the Service Transponders meeting the Service Specifications and their availability cannot be recommenced within sixty (60) days; or (b) the nature of the force majeure event makes it clearly ascertainable that PanAmSat's ability to make available the Service from the Service Transponders meeting the Service Specifications will not be able to recommence within this sixty (60) day period. The foregoing notwithstanding, Customer's rights to terminate under Sections 7.1, 7.1A, and 7.2, and, to the extent a failure to provide Service results from a malfunction of a Satellite, under Section 7.3, shall be governed by those Sections. Customer shall not be permitted to terminate this Agreement if PanAmSat's inability to perform is due to acts or omissions of Customer or its employees, agents, or contractors that are not in conformance with Appendix D or for intermittent failures failure of Service due to any or all of the following: sun outages, meteorological or astronomical disturbances. In additionThe foregoing notwithstanding, in circumstances that are not to the extent a failure to provide Service results from a malfunction of the Satellite, Customer's rights of termination shall be governed by Sections 7.1, 7.1A, 7.2, or Section 7.3 of this Agreement and that are not due to events described in the previous sentence, if Service is not made available by PanAmSat in accordance with the Service Specifications during a [***************] due to a force majeure condition, provided that Customer ceases use of the affected Service Transponders during such period (except in coordination with PanAmSat to determine if the Service can be restored to the Service Specifications), the [**************************] due from Customer for the affected Service Transponders during the applicable [***************] shall be adjusted pro rata to reflect the period during which Service from the Service Transponders was not made available. [***************************************** ***********] [***] Filed separately with the Commission pursuant to a request for confidential treatmentthis Section 8.1.

Failure To Commence Service Or To Perform. Any failure or delay in the performance by PanAmSat of its obligation to commence or to continue to provide Service shall not be a breach of this Agreement, if such failure or delay results from any Act of God, governmental action (whether in its sovereign or [***] Filed separately with the Commission pursuant to a request for confidential treatment. contractual capacity), or any other circumstance reasonably beyond the control of PanAmSat, including, but not limited to, receive earth station sun outage, meteorological or astronomical disturbances, earthquake, hurricane, snowstorm, fire, flood, strikes, labor disputes, war, civil disorder, epidemics, quarantines, embargoes, or acts or omissions of Customer or any third parties (except that the acts or omissions of third parties acting on behalf of PanAmSat, including PanAmSat's Satellite manufacturer and launch contractor, shall not constitute a force majeure unless their acts and omissions are themselves the result of force majeure conditions of the kind set forth above). Subject to the following sentence, either party shall be permitted to terminate this Agreement, as to the affected Service Transponder(s), if, because of force majeure conditions: (a) after the applicable Service Date for the SatelliteDate, PanAmSat does not make Service in accordance with the Service Specifications available, the Service Transponders meeting the Service Specifications and their availability cannot be recommenced within sixty (60) days; or (b) the nature of the force majeure event makes it clearly ascertainable that PanAmSat's ability to make [***] Filed separately with the Commission pursuant to a request for confidential treatment. available the Service from the Service Transponders meeting the Service Specifications will not be able to recommence within this sixty (60) day period. The foregoing notwithstanding, Customer's rights right to terminate under Sections 7.1, 7.1A, and 7.2, andterminate, to the extent a failure to provide Service results from a malfunction of a the Satellite, under Section 7.3, shall be governed by those SectionsSection 7.3. Customer shall not be permitted to terminate this Agreement if PanAmSat's inability to perform is due to acts or omissions of Customer or its employees, agents, or contractors that are not in conformance with Appendix D or for intermittent failures due to any or all of the following: sun outages, meteorological or astronomical disturbances. In addition, in circumstances that are not governed by Sections 7.1, 7.1A, 7.2, or Section 7.3 and that are not due to events described in the previous sentence, if Service is not made available by PanAmSat in accordance with the Service Specifications during a [***************] due to a force majeure condition, provided that Customer ceases use of the affected Service Transponders during such period (except in coordination with PanAmSat to determine if the Service can be restored to the Service Specifications), the [**************************] due from Customer for the affected Service Transponders during the applicable [***************] shall be adjusted pro rata to reflect the period during which Service from the Service Transponders was not made available. [***************************************** ***********] [***] Filed separately with the Commission pursuant to a request for confidential treatment.]