Invalid Default Termination. If, after termination pursuant to this Article 23.1, it is finally 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 the Contract, the rights and obligations of the Parties shall be the same as if the termination had occurred under Article 21.
Appears in 3 contracts
Samples: Contract (Hughes Network Systems, LLC), Contract (Hughes Communications, Inc.), Contract (Viasat Inc)
Invalid Default Termination. If, after termination pursuant to this Article 23.1, it is finally 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 the ContractArticles 17 or 18, 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 actual costs reasonably incurred due to such invalid default termination plus a markup of ten percent (10%) of such costs.
Appears in 2 contracts
Samples: Contract for Terrestar 1 (Terrestar Corp), Contract for Terrestar 2 (Terrestar Corp)
Invalid Default Termination. If, after termination pursuant to this Article 23.122.1, it is finally determined pursuant to Article 25 24 or written agreement of Purchaser that Contractor was not in default under Article 23.1.122.1.1, 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 2120.
Appears in 2 contracts
Samples: Authorization to Proceed (Iridium Communications Inc.), Authorization to Proceed (Iridium Communications Inc.)
Invalid Default Termination. If, after termination pursuant to this Article 23.121.1, it is finally determined pursuant to Article 25 22 or written agreement of Purchaser that Contractor was not in default under Article 23.1.121.1.1, 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 2119; except that Contractor shall also be entitled to recover its additional out-of-pocket costs that would not have been incurred but for such invalid default termination.
Appears in 2 contracts
Samples: Contract (Satelites Mexicanos Sa De Cv), Contract (Satelites Mexicanos Sa De Cv)
Invalid Default Termination. If, after termination pursuant to this Article 23.122.1, it is finally determined pursuant to Article 25 23 or written agreement of Purchaser MSV that Contractor was not in default under Article 23.1.122.1.1, or that the default was excusable under the ContractArticles 16 or 17, the rights and obligations of the Parties shall be the same as if the termination had occurred under Article 21.
Appears in 2 contracts
Samples: Contract (Skyterra Communications Inc), Contract Amendment (Skyterra Communications Inc)
Invalid Default Termination. If, after termination pursuant to this Article 23.1, it is finally determined pursuant to Article 25 by arbitration, legal proceeding or written mutual agreement of Purchaser that Contractor was not in default under Article 23.1.1default, or that the default was excusable under the Contractexcusable, 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.
Appears in 1 contract
Invalid Default Termination. If, after termination pursuant to this Article 23.1, it is finally determined pursuant to Article 25 by arbitration, legal proceeding or written mutual agreement of Purchaser that Contractor was not in default under Article 23.1.1default, or that the default was excusable under the Contractexcusable, 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 direct costs that would not have been incurred but for such invalid default termination.
Appears in 1 contract