Invalid Default Termination. If, after termination pursuant to this Article 22.1, it is finally determined pursuant to Article 23 or written agreement of MSV that Contractor was not in default under Article 22.1.1, or that the default was excusable under Articles 16 or 17, the rights and obligations of the Parties shall be the same as if the termination had occurred under Article 21.
Invalid Default Termination. If, after termination pursuant to this Article 20.2 (Boeing Rights of Termination), it is finally determined pursuant to Article 33 (Applicable Law and Dispute Resolution) or written agreement of Boeing that Customer was not in default under Article 20.2.1 (Right to Terminate), Boeing shall be liable to Customer for direct damages resulting from such termination of this Contract (in no event exceeding amounts payable to Customer pursuant to Article 20.1 (Customer Rights of Termination), and subject to the limitation of liability set forth in Article 36 (Limitation of Liability).
Invalid Default Termination. If, after termination pursuant to this Article 21.2, it is finally determined pursuant to Article 22 or written agreement of Contractor that Purchaser was not in default under Article 21.2.1, Contractor shall be liable to Purchaser for direct damages (plus an additional [***] of such direct damages) resulting from such termination of this Contract (in no event exceeding amounts payable to Purchaser pursuant to Article 21.1, and subject to the limitation of liability set forth in Article 25. [Use or disclosure of the data contained on this page is subject to the restriction set forth in Article 26.] FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS [***]. COPIES OF THE EXHIBIT CONTAINING THE REDACTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE COMMISSION SUBJECT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT. EXECUTION VERSION
Invalid Default Termination. If, after termination pursuant to this Article 23.1, it is determined pursuant to Article 25 or written agreement of Purchaser that Contractor was not in default under Article 23.1.1, or that the default was excusable under Articles 17 or 18, the rights and obligations of the Parties shall be the same as if Purchaser had, rather than deliver Notice of Termination for Default, delivered a Notice of Termination for Convenience under Article 21 (whether in whole or in part shall be determined whether Purchaser’s original Notice of Termination for Default was in whole or in part).
Invalid Default Termination. If, after termination pursuant to this Article 23.2, it is finally determined pursuant to Article 25 or written agreement of Contractor that Purchaser was not in default under Article [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED.
Invalid Default Termination. If, after termination pursuant to this Article 23.2, it is finally determined by arbitration pursuant to Article 25 or written agreement of Contractor that Purchaser was not in default under Article 23.2.1, Contractor shall be liable to Purchaser for direct damages resulting from such termination of this Contract (in no event exceeding amounts payable to Purchaser pursuant to Article 23.1, and subject to the limitation of liability set forth in Article 30).
Invalid Default Termination. If, after termination pursuant to Article 23.1, it is finally determined by arbitration, legal proceeding or mutual agreement that Contractor was not in default, or that the default was excusable, the rights and obligations of the Parties shall be the same as if the termination had occurred under Article 21; except that, Contractor shall also be entitled to recover its additional reasonable out-of-pocket costs that would not have been incurred but for such invalid default termination.
Invalid Default Termination. If, after termination pursuant to this Article 20.1, it is finally determined pursuant to Article 33 (Applicable Law and Dispute Resolution) or written agreement of Customer that Boeing was not in default under Article 20.1.1 (Right to Terminate), or that the default was excusable under the Contract, the rights and obligations of the Parties shall be the same as if the termination had occurred under Article 19 (Termination for Convenience); except that Boeing shall also be entitled to recover its additional Actual Costs reasonably incurred due to such invalid default termination plus a markup of (***) of such costs. INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS (***). COPIES OF THE EXHIBIT CONTAINING THE REDACTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE COMMISSION SUBJECT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT.
Invalid Default Termination. If, after termination pursuant to this Article 20.1, it is finally determined pursuant to Article 33 (Applicable Law and Dispute Resolution) or written agreement of Customer that Boeing was not in default under Article 20.1.1 (Right to Terminate), or that the default was excusable under the Contract, the rights and obligations of the Parties shall be the same as if the termination had occurred under Article 19 (Termination for Convenience); except that Boeing shall also be entitled to recover its additional Actual Costs reasonably incurred due to such invalid default termination plus a markup of [*****] of such costs.
Invalid Default Termination. If, after termination pursuant to this Article 23.2, it is finally determined pursuant to Article 25 or written agreement of Contractor that Purchaser was not in default under Article 23.2.1, Contractor shall be liable to Purchaser for direct damages resulting from such termination of this Contract (in no event exceeding amounts payable to Purchaser pursuant to Article 23.1, and subject to the limitation of liability set forth in Article 27). SS/L-TP20701 ViaSat Contract Use or disclosure of the data and information contained on this sheet is subject to the restriction on the title page.
