Common use of Incentive Obligations and Launch Delay Clause in Contracts

Incentive Obligations and Launch Delay. 6.3.4.1 If the Spacecraft has not been launched by the 181st day after the earlier of (i) the actual date of shipment of the Spacecraft by Contractor or (ii) Buyer's Preliminary Acceptance of the Spacecraft, then, except as set forth in Paragraph 6.3.4.2, the first of the equal and consecutive monthly installment payments for Incentive Obligations on the Spacecraft shall be due and payable and the Specified Operational Lifetime shall be deemed to have begun for purposes of this Paragraph 6.3 and such payments shall commence (the "Pre-Launch Incentive Payments"). If upon the Commencement Date or at any time thereafter, any Transponder ceases to be a successfully Operating Transponder or a Payload becomes a Degraded Payload, then Contractor shall deliver to Buyer a refund of that portion of the Pre-Launch Incentive Payment attributable to such Transponder or Payload (plus interest thereon calculated at the Incentives Interest Rate), taking into account the amount of such time such Transponder or Payload met the performance specifications, and Buyer's subsequent Incentives Obligations shall be reduced thereafter on a pro rata basis; provided, if applicable, Buyer shall receive a credit to the extent of any Pre-Launch Incentive Payments, to be applied as an offset against Buyer's consecutive monthly installment payments for the PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 24 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. Incentives Obligations otherwise due and payable for the months immediately following the Commencement Date. 6.3.4.2 If the Spacecraft has not been Launched due primarily to (1) Contractor's fault after shipment or (2) Contractor's failure to timely meet the Spacecraft's scheduled Shipment Date (where such failure in shipment is not caused by Buyer's actions or inactions) (or a combination of clauses (1) and (2) immediately above), then the first of the equal and consecutive monthly installments of the Incentives Obligations on the Spacecraft shall be due and payable on, and interest shall not accrue until, the earlier to occur of (i) the Commencement Date or (ii) one year after the earlier of (a) the actual date of shipment of the Spacecraft by Contractor or (b) Buyer's Preliminary Acceptance of the Spacecraft. If upon the Commencement Date, or at any time thereafter, any Transponder on the Spacecraft (which has been subject to a Launch delay under this Paragraph 6.

Incentive Obligations and Launch Delay. 6.3.4.1 If the Spacecraft has not been launched by the 181st 121st day after the earlier of (i) the actual date of shipment of the Spacecraft by Contractor or (ii) Buyer's Preliminary Acceptance Delivery of the Spacecraft, then, except as set forth in Paragraph 6.3.4.2, the first of the equal and consecutive monthly installment payments for Incentive Obligations on the Spacecraft shall be due and payable and the Specified Operational Lifetime fifteen year period shall be deemed to have begun for purposes of this Paragraph 6.3 and such payments shall commence (the "Pre-Launch Incentive Payments"). If upon the Commencement Date or at any time thereafter, any Transponder ceases to be a successfully Operating Transponder or a Payload becomes a Degraded Payload, then Contractor shall deliver to Buyer a refund (without interest) of that portion of the Pre-Launch Incentive Payment attributable to such Transponder or Payload (plus interest thereon calculated at the Incentives Interest Rate)Payload, taking into account the amount of such time such Transponder or Payload met the performance specifications, and Buyer's subsequent Incentives Obligations shall be reduced thereafter on a pro rata basis; provided, if applicable, Buyer shall receive a credit to the extent of any Pre-Launch Incentive Payments, to be applied as an offset against Buyer's consecutive monthly installment payments for the PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 24 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. Incentives Obligations otherwise due and payable for the months immediately following the Commencement Date. 6.3.4.2 If Subject to the second sentence below, if on or before the 121st day following the Satellite's Delivery Date, the Satellite has not been Launched, then the first of the equal and consecutive monthly installments payments for the Incentives Obligations on the Spacecraft shall be due and payable on the earlier to occur of the Spacecraft's Commencement Date or the 241st following such Spacecraft's Date of Delivery (except that interest on such Incentives Obligations shall begin to accrue on the 121st day following the Delivery Date, as such date may be modified herein). If, however, the Spacecraft has not been Launched due primarily to (1) Contractor's fault Fault after shipment Delivery or (2) Contractor's failure to timely meet the Spacecraft's scheduled Shipment Delivery Date (where such failure in shipment Delivery is not caused by a Buyer's actions or inactionsDelay) (or a combination of clauses (1) and (2) immediately above), ) then the first of the equal and consecutive monthly installments of the Incentives Obligations on the Spacecraft shall be due and payable on, and interest shall not accrue until, the earlier to occur of (i) the Commencement Date or (ii) one year after the earlier of (a) the actual date of shipment of the Spacecraft by Contractor or (b) Buyer's Preliminary Acceptance of the SpacecraftCausation Date. If upon the Commencement DateSpacecraft Commencement, or at any time thereafter, any Transponder on the Spacecraft (which has been subject to a Launch delay under this Paragraph 6.

Incentive Obligations and Launch Delay. 6.3.4.1 If the Spacecraft has not been launched by the 181st day after the earlier of (i) the actual date of shipment of the Spacecraft by Contractor or (ii) Buyer's Preliminary Acceptance of the Spacecraft, then, except as set forth in Paragraph 6.3.4.2, the first of the equal and consecutive monthly installment payments for Incentive Obligations on PANAMSAT AND ▇▇▇▇▇▇ PROPRIETARY INFORMATION SUBJECT TO RESTRICTIONS ON CONTRACT TITLE PAGE the Spacecraft shall be due and payable and the Specified Operational Lifetime fifteen year period shall be deemed to have begun for purposes of this Paragraph 6.3 and such payments shall commence (the "Pre-Pre- Launch Incentive Payments"). If upon the Commencement Date or at any time thereafter, any Transponder ceases to be a successfully Operating Transponder or a Payload becomes a Degraded Payload, then Contractor shall deliver to Buyer a refund of that portion of the Pre-Launch Incentive Payment attributable to such Transponder or Payload (plus interest thereon calculated at the Incentives Interest Rate), taking into account the amount of such time such Transponder or Payload met the performance specifications, and Buyer's subsequent Incentives Obligations shall be reduced thereafter on a pro rata basis; provided, if applicable, Buyer shall receive a credit to the extent of any Pre-Launch Incentive Payments, to be applied as an offset against Buyer's consecutive monthly installment payments for the PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 24 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. Incentives Obligations otherwise due and payable for the months immediately following the Commencement Date. 6.3.4.2 If the Spacecraft has not been Launched due primarily to (1) Contractor's fault after shipment or (2) Contractor's failure to timely meet the Spacecraft's scheduled Shipment Date (where such failure in shipment is not caused by Buyer's actions or inactions) (or a combination of clauses (1) and (2) immediately above), then the first of the equal and consecutive monthly installments of the Incentives Obligations on the Spacecraft shall be due and payable on, and interest shall not accrue until, the earlier to occur of (i) the Commencement Date or (ii) one year after the earlier of (a) the actual date of shipment of the Spacecraft by Contractor or (b) Buyer's Preliminary Acceptance of the Spacecraft. If upon the Commencement Date, or at any time thereafter, any Transponder on the Spacecraft (which has been subject to a Launch delay under this Paragraph 6.PANAMSAT AND ▇▇▇▇▇▇ PROPRIETARY INFORMATION SUBJECT TO RESTRICTIONS ON CONTRACT TITLE PAGE

Incentive Obligations and Launch Delay. 6.3.4.1 If the Spacecraft has not been launched by the 181st day after the earlier of (i) the actual date of shipment of the Spacecraft by Contractor or (ii) Buyer's Preliminary Acceptance of the Spacecraft, then, except as set forth in Paragraph 6.3.4.2, the first of the equal and consecutive monthly installment payments for Incentive Obligations on the Spacecraft shall be due and payable and the Specified Operational Lifetime fifteen year period shall be deemed to have begun for purposes of this Paragraph 6.3 and such payments shall commence (the "Pre-Pre- Launch Incentive Payments"). If upon the Commencement Date or at any time thereafter, any Transponder ceases to be a successfully Operating Transponder or a Payload becomes a Degraded Payload, then Contractor shall deliver to Buyer a refund (without interest) of that portion of the Pre-Launch Incentive Payment attributable to such Transponder or Payload (plus interest thereon calculated at the Incentives Interest Rate)Payload, taking into account the amount of such time such Transponder or Payload met the performance specifications, and Buyer's subsequent Incentives Obligations shall be reduced thereafter on a pro rata basis; provided, if applicable, Buyer shall receive a credit to the extent of any Pre-Launch Incentive Payments, to be applied as an offset against Buyer's consecutive monthly installment payments for the PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 24 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. Incentives Obligations otherwise due and payable for the months immediately following the Commencement Date. 6.3.4.2 If the Spacecraft has not been Launched due primarily to (1) Contractor's fault after shipment or (2) Contractor's failure to timely meet the Spacecraft's scheduled Shipment Date (where such failure in shipment is not caused by Buyer's actions or inactions) (or a combination of clauses (1) and (2) immediately above), then the first of the equal and consecutive monthly installments of the Incentives Obligations on the Spacecraft shall be due and payable on, and interest shall not accrue until, the earlier to occur of (i) the Commencement Date or (ii) one year after the earlier of (a) the actual date of shipment of the Spacecraft by Buyer _______ Contractor or (b) Buyer's Preliminary Acceptance of the Spacecraft. If upon the Commencement Date, or at any time thereafter, any Transponder on the Spacecraft (which has been subject to a Launch delay under this Paragraph 6._______

Incentive Obligations and Launch Delay. 6.3.4.1 6.4.4.1 If the Spacecraft has not been launched by the 181st 121st day after the earlier of (i) the actual date of shipment of the Spacecraft by Contractor or (ii) Buyer's Preliminary Acceptance Delivery of the Spacecraft, then, except as set forth in Paragraph 6.3.4.26.4.4.2, the first of the equal and consecutive monthly installment payments for Incentive Obligations on the Spacecraft shall be due and payable and the Specified Operational Lifetime fifteen year period shall be deemed to have begun for purposes of this Paragraph 6.3 6.4 and such payments shall commence (the "Pre-Launch Incentive Payments"). If upon the Commencement Date or at any time thereafter, any Transponder ceases to be a successfully Operating Transponder or a Payload becomes a Degraded Payload, then Contractor shall deliver to Buyer a refund (without interest) of that portion of the Pre-Launch Incentive Payment attributable to such Transponder or Payload (plus interest thereon calculated at the Incentives Interest Rate)Payload, taking into account the amount of such time such Transponder or Payload met the performance specifications, and Buyer's subsequent Incentives Obligations shall be reduced thereafter on a pro rata basis; provided, if applicable, Buyer shall receive a credit to the extent of any Pre-Launch Incentive Payments, to be applied as an offset against Buyer's consecutive monthly installment payments for the PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 24 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. Incentives Obligations otherwise due and payable for the months immediately following the Commencement Date. 6.3.4.2 If 6.4.4.2 Subject to the Spacecraft second sentence below, if on or before the 121st day following the Satellite's Delivery Date, the Satellite has not been Launched due primarily to (1) Contractor's fault after shipment or (2) Contractor's failure to timely meet the Spacecraft's scheduled Shipment Date (where such failure in shipment is not caused by Buyer's actions or inactions) (or a combination of clauses (1) and (2) immediately above)Launched, then the first of the equal and consecutive monthly installments of payments for the Incentives Obligations on the Spacecraft shall be due and payable on, and interest shall not accrue until, on the earlier to occur of (i) the Spacecraft's Commencement Date or the 241st following such Spacecraft's Date of Delivery (ii) one year after the earlier of (a) the actual date of shipment of the Spacecraft by Contractor or (b) Buyer's Preliminary Acceptance of the Spacecraft. If upon the Commencement Date, or at any time thereafter, any Transponder except that interest on the Spacecraft (which has been subject such Incentives Obligations shall begin to a Launch delay under this Paragraph 6.accrue on the

Incentive Obligations and Launch Delay. 6.3.4.1 If the Spacecraft has not been launched by the 181st 121st day after the earlier of (i) the actual date of shipment of the Spacecraft by Contractor or (ii) Buyer's Preliminary Acceptance Delivery of the Spacecraft, then, except as set forth in Paragraph 6.3.4.2, the first of the equal and consecutive monthly installment payments for Incentive Obligations on the Spacecraft shall be due and payable and the Specified Operational Lifetime fifteen year period shall be deemed to have begun for purposes of this Paragraph 6.3 and such payments shall commence (the "Pre-Launch Incentive Payments"). If upon the Commencement Date or at any time thereafter, any Transponder ceases to be a successfully Operating Transponder or a Payload becomes a Degraded Payload, then Contractor shall deliver to Buyer a refund (without interest) of that portion of the Pre-Launch Incentive Payment attributable to such Transponder or Payload (plus interest thereon calculated at the Incentives Interest Rate)Payload, taking into account the amount of such time such Transponder or Payload met the performance specifications, and Buyer's subsequent Incentives Obligations shall be reduced thereafter on a pro rata basis; provided, if applicable, Buyer shall receive a credit to the extent of any Pre-Launch Incentive Payments, to be applied as an offset against Buyer's consecutive monthly installment payments for the PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 24 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. Incentives Obligations otherwise due and payable for the months immediately following the Commencement Date. 6.3.4.2 If Subject to the second sentence below, if on or before the 121st day following the Satellite's Delivery Date, the Satellite has not been Launched, then the first of the equal and consecutive monthly installments payments for the Incentives Obligations on the Spacecraft shall be due and payable on the earlier to occur of the Spacecraft's Commencement Date or the 241st day following such Spacecraft's Date of Delivery (except that interest on such Incentives Obligations shall begin to accrue on the 121st day following the Delivery Date, as such date may be modified herein). If, however, the Spacecraft has not been Launched due primarily to (1) Contractor's fault Fault after shipment Delivery or (2) Contractor's failure to timely meet the Spacecraft's scheduled Shipment Delivery Date (where such failure in shipment Delivery is not caused by a Buyer's actions or inactionsDelay) (or a combination of clauses (1) and (2) immediately above), ) then the first of the equal and consecutive monthly installments of the Incentives Obligations on the Spacecraft shall be due and payable on, and interest shall not accrue until, the earlier to occur of (i) the Commencement Date or (ii) one year after the earlier of (a) the actual date of shipment of the Spacecraft by Contractor or (b) Buyer's Preliminary Acceptance of the Spacecraft. If upon the Commencement Date, or at any time thereafter, any Transponder on the Spacecraft (which has been subject to a Launch delay under this Paragraph 6.the