Common use of LAUNCH SCHEDULE Clause in Contracts

LAUNCH SCHEDULE. 6.1 The Launch of the Spacecraft shall take place during the following Launch Period(s): Inmarsat-4/XXXX Astrium F-1 Oct 1, 2004 – Dec 31, 2004 Inmarsat-4/XXXX Astrium F-2 Jan 1, 2005 – Mar 31, 2005 Option Launch Inmarsat-4/XXXX Astrium F-3 Jul 1, 2005 – Sep 30, 2005 Nominally F-2 shall be the applicable Launch Period, however, Inmarsat shall notify Sea Launch in writing no later than April 1, 2004 which of the above Launch Periods Inmarsat intends to utilize for the Launch of the Spacecraft. 6.1.1 In order to preserve the Launch Period for the Option Launch, Inmarsat shall exercise its option, in writing, within thirty (30) days of the launch of Inmarsat-4/XXXX Astrium F-1. Sea Launch shall be free to re-allocate launch vehicle hardware for the Option Launch, once assigned pursuant to the Statement of Work, upon expiration of this option. 6.1.2 Inmarsat shall also have the right to exercise an option for the launch of Inmarsat-4/XXXX Astrium F-3 at any time till the end of December 2006 at the price specified herein for F-3 and upon the same terms and conditions of this Conract for the Launch Services. 6.2 Sea Launch shall submit a proposed Launch Slot to Inmarsat within 30 days of Inmarsat’s notifcation of the selection of the Launch Period for either F-1 or F-2, and for F-3, after exercise of Option Launch. . 6.3 Sea Launch shall submit a proposed Launch Day to Inmarsat at least ninety (90) days prior to the first day of the Launch Slot. The Launch Day shall be determined by mutual agreement of the Parties at least seventy-five (75) days prior to the first day of the Launch Slot based on the availability of Launch Opportunities. Upon commitment to a Launch Day, Inmarsat agrees to deliver the satellite to Sea Launch’s Home Port no later than 45-days prior to the Launch Day. 6.4 The Launch Window shall be determined by mutual agreement of the Parties no later than forty-five (45) days prior to the Launch Day based on the availability of Launch Opportunities. 6.5 The following rules shall govern the establishment of Launch Schedule priorities between Sea Launch, Inmarsat, and third party customers of Sea Launch, excluding any commitments or obligations by Sea Launch prior to the effective date of this Agreement: (i) In the event of a Sea Launch postponement, for any reason, the launching order remains in effect as of the date of Sea Launch’s postponement, excluding the following: a. Scientific missions, which are time sensitive in nature, shall not be postponed; b. Reflight or Replacement launches due to previous launch failures shall be initially scheduled on a priority basis. After the initial scheduling procedure, a Reflight or Replacement launch shall maintain its position in the launching order and shall be treated as a standard Launch Service for any subsequent Sea Launch postponement. (ii) In the event of a scheduling conflict during the initial scheduling of a Launch Period or Launch Slot due to overlapping Launch Slots between two or more customers, the Sea Launch customer with the earlier Contract effectivity date (i.e. contract award date or option exercise date) shall have precedence. (iii) In the event of a scheduling conflict during the scheduling of a Launch Period or Launch Slot due to a postponement or delivery of the Spacecraft to Home Port after the date specified in Article 6.3 by Inmarsat or due to a postponement by any other Sea Launch customer, the Sea Launch customer (i.e. Inmarsat or third party customer) initially scheduled for the Launch Period or Launch Slot shall have precedence. 6.6 Inmarsat shall notify Sea Launch ten (10) days prior to delivery of the spacecraft to either Home Port or to a local airport. Except for delays that are Excusable Delays as defined in Article 8, Excusable Delays, if Inmarsat fails to deliver the Spacecraft within the period specified in paragraph 6.3 of this Article and in accordance with the notification required in this paragraph, Sea Launch may, depending on manifest constraints, treat the late delivery of the Spacecraft or the inability to export the Spacecraft within the same timeframe as a postponement by Inmarsat in accordance with Article 7, Launch Postponements .

LAUNCH SCHEDULE. 6.1 The Launch of the Spacecraft shall take place during the following Launch Period(s): Inmarsat-4/XXXX Astrium F-1 Oct 1, 2004 – Dec 31, 2004 Inmarsat-4/XXXX Astrium F-2 Jan 1, 2005 – Mar 31, 2005 Option Launch Inmarsat-4/XXXX Astrium F-3 Jul 1, 2005 – Sep 30, 2005 Nominally F-2 Launch Period ------ ------------- XM-4 [***] XM-5 [***] 6.2 The Launch Slot shall be the applicable Launch Period, however, Inmarsat shall notify Sea Launch in writing no later than April 1, 2004 which determined by mutual agreement of the above Launch Periods Inmarsat intends Parties at least [***] prior to utilize for the Launch first day of the Spacecraft. 6.1.1 In order to preserve the established Launch Period for based on the Option Launch, Inmarsat shall exercise its option, in writing, within thirty (30) days availability of the launch of Inmarsat-4/XXXX Astrium F-1Launch Opportunities. Sea Launch shall be free to re-allocate launch vehicle hardware for the Option Launch, once assigned pursuant to the Statement of Work, upon expiration of this option. 6.1.2 Inmarsat shall also have the right to exercise an option for the launch of Inmarsat-4/XXXX Astrium F-3 at any time till the end of December 2006 at the price specified herein for F-3 and upon the same terms and conditions of this Conract for the Launch Services. 6.2 Sea Launch shall submit a proposed Launch Slot to Inmarsat within 30 days of Inmarsat’s notifcation of the selection of the Launch Period for either F-1 or F-2, and for F-3, after exercise of Option Launch. . 6.3 Sea Launch shall submit a proposed Launch Day to Inmarsat XM at least ninety (90) days [***] prior to the first day of the established Launch Slot. Period. 6.3 The Launch Day shall be determined by mutual agreement of the Parties at least seventy-five (75) days [***] prior to the first day of the Launch Slot based on the availability of Launch Opportunities. Sea Launch shall submit a proposed Launch Day to XM at least [***] prior to the first day of the Launch Slot. Upon commitment to a Launch Day, Inmarsat XM agrees to deliver the satellite spacecraft to Sea Launch’s 's Home Port no later earlier than 45-days [***] prior to the Launch DayDate and no later than [***] prior to the Launch Date. 6.4 The Launch Window shall be determined by mutual agreement of the Parties no later than forty-five (45) days [***] prior to the Launch Day based on the availability of Launch Opportunities. 6.5 XM shall notify Sea Launch at least [***] prior to delivery of the Spacecraft to either Home Port or in the instance of foreign Spacecraft manufacture to a local airport. 6.6 The following rules shall govern the establishment of Launch Schedule priorities between Sea Launch, InmarsatXM, and third party other customers of Sea Launch, excluding any commitments or obligations by Sea Launch prior to the effective date Effective Date of this Agreement: (i) 6.6.1. In the event of a Sea Launch delay or postponement, for any reason, the launching order remains in effect as of the date of Sea Launch’s 's delay or postponement, excluding the following: a. i) Scientific missions, missions which are time sensitive in nature, nature shall not be postponed;. b. ii) Reflight or Replacement launches due to previous launch failures shall be initially scheduled on a priority basis. After the initial scheduling procedure, a Reflight or Replacement launch shall maintain its position in the launching order and shall be treated as a standard Launch Service launch service for any subsequent Sea Launch postponement. ***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (ii) 6.6.2. In the event of a scheduling conflict during the initial scheduling of a Launch Period or Launch Slot due to overlapping Launch Slots Periods between two or more customers, the Sea Launch customer with the earlier Contract effectivity date (i.e. contract award date or option exercise date) shall have precedence. (iii) 6.6.3. In the event of a scheduling conflict during the scheduling of a Launch Period or Launch Slot due to a postponement by XM or delivery of the Spacecraft to Home Port after the date specified in Article 6.3 by Inmarsat or due to a postponement by any other Sea Launch customer, the Sea Launch customer (i.e. Inmarsat XM or third party the other customer) initially scheduled for the Launch Period or Launch Slot shall have precedence. 6.6 Inmarsat shall notify Sea Launch ten (10) days prior to delivery of the spacecraft to either Home Port or to a local airport. Except for delays that are Excusable Delays as defined in Article 8, Excusable Delays, if Inmarsat fails to deliver the Spacecraft within the period specified in paragraph 6.3 of this Article and in accordance with the notification required in this paragraph, Sea Launch may, depending on manifest constraints, treat the late delivery of the Spacecraft or the inability to export the Spacecraft within the same timeframe as a postponement by Inmarsat in accordance with Article 7, Launch Postponements .

LAUNCH SCHEDULE. 6.1 The Launch of the Spacecraft shall take place during the following Launch Period(s): Inmarsat-4/XXXX Astrium F-1 Oct 1Semester: MSV-2 (***), 2004 – Dec 312010 through (***), 2004 Inmarsat-4/XXXX Astrium F-2 Jan 1, 2005 – Mar 31, 2005 Option Launch Inmarsat-4/XXXX Astrium F-3 Jul 1, 2005 – Sep 30, 2005 Nominally F-2 shall be the applicable Launch Period, however, Inmarsat shall notify Sea Launch in writing no later than April 1, 2004 which of the above Launch Periods Inmarsat intends to utilize for the Launch of the Spacecraft. 6.1.1 In order to preserve the Launch Period for the Option Launch, Inmarsat shall exercise its option, in writing, within thirty (30) days of the launch of Inmarsat-4/XXXX Astrium F-1. Sea Launch shall be free to re-allocate launch vehicle hardware for the Option Launch, once assigned pursuant to the Statement of Work, upon expiration of this option. 6.1.2 Inmarsat shall also have the right to exercise an option for the launch of Inmarsat-4/XXXX Astrium F-3 at any time till the end of December 2006 at the price specified herein for F-3 and upon the same terms and conditions of this Conract for the Launch Services.2010 6.2 Sea Launch shall submit a proposed Launch Slot Period to Inmarsat within 30 days of Inmarsat’s notifcation of MSV (***) prior to the selection first Day of the Launch Semester identified in 6.1 above. MSV shall respond to such proposal within fourteen (14) Days of the proposal. The Launch Period for either F-1 or F-2, and for F-3, after exercise shall be determined by mutual agreement of Option Launch. the Parties (***) prior to the first Day of the established Launch Semester based on the availability of Launch Opportunities. 6.3 Sea Launch shall submit a proposed Launch Day Slot to Inmarsat at least ninety MSV (90***) days prior to the first day Day of the established Launch Period. MSV shall respond to such proposal within fourteen (14) Days of the proposal. The Launch Slot shall be determined by mutual agreement of the Parties (***) prior to the first Day of the established Launch Period based on the availability of Launch Opportunities. 6.4 Sea Launch shall submit a proposed Launch Day to MSV (***) prior to the first Day of the established Launch Slot. MSV shall respond to such proposal within fourteen (14) Days of the proposal. The Launch Day shall be determined by mutual agreement of the Parties at least seventy-five (75***) days prior to the first day Day of the Launch Slot based on the availability of Launch Opportunities. Upon commitment to a Launch Day, Inmarsat agrees to MSV shall deliver the satellite to the Sea Launch’s Launch Home Port no earlier than (***) Days prior to the Launch Day and no later than 45-days (***) Days prior to the Launch Day. 6.4 6.5 The Launch Window shall be determined by mutual agreement of the Parties no later than forty-five (45***) days Days prior to the established Launch Day based on the availability of Launch Opportunities. 6.5 6.6 The following rules launch manifest guidelines shall govern the establishment of Launch Schedule priorities between Sea Launch, InmarsatMSV, and third party customers of Sea Launch, excluding any commitments or obligations by of Sea Launch prior to the effective date Effective Date of this AgreementContract: (i) 6.6.1 In the event of a postponement by Sea Launch postponementLaunch, for any reason, the launching order remains in effect as of the date of Sea Launch’s postponement, excluding the following: a. (i) Scientific missions, which are time sensitive in nature, Missions shall not be postponed; b. Reflight (ii) reflight or Replacement launches R(r)eplacement L(l)aunches due to previous launch failures a T(t)otal F(f)ailure or C(c)onstructive T(t)otal F(f)ailure shall be initially scheduled on a priority basis. After the initial scheduling procedure, a Reflight reflight or Replacement R(r)eplacement launch shall maintain its position in the launching order and shall be treated as a standard Launch Service L(l)aunch S(s)ervice for any subsequent postponement(s) by Sea Launch postponementLaunch. (ii) 6.6.2 In the event of a scheduling conflict during the initial scheduling of a Launch Period or Launch Slot due to overlapping Launch Slots between two or more customerscustomers arising during the process of establishing an initial L(l)aunch S(s)chedule due to overlapping L(l)aunch S(s)chedules, the Sea Launch customer with the earlier Contract C(c)ontract effectivity date (i.e. contract C(c)ontract award date or option exercise date) shall have precedence. (iii) 6.6.3 In the event of a scheduling conflict arising during the scheduling process of establishing a Launch Period or Launch Slot revised L(l)aunch S(s)chedule due to a postponement or in the planned delivery of the Spacecraft S(s)pacecraft to Home Port after Port, or postponement to the date specified in Article 6.3 6.4 by Inmarsat MSV, or due to a postponement by any other Sea Launch customer, the Sea Launch customer (i.e. Inmarsat MSV or third party customer) initially scheduled for the Launch Period L(l)aunch P(p)eriod, L(l)aunch S(s)lot, or Launch Slot L(l)aunch D(d)ay shall have precedence. 6.6 Inmarsat 6.6.4 When establishing a Launch Period, Launch Slot or Launch Day (pursuant to Articles 6.2, 6.3, and 6.4 above, respectively), in the event that mutual agreement cannot be achieved, Sea Launch shall determine the Launch Period, Launch Slot or Launch Day in accordance with its manifest guidelines and operational commitments. 6.7 MSV shall notify Sea Launch ten a minimum of thirty (1030) days Days prior to the date of delivery of the spacecraft Launch Ready Spacecraft to either Home Port or to a local airportPort. Except for delays that are Excusable Delays as defined in Article 8, Excusable Delays, if Inmarsat If MSV fails to deliver the Launch Ready Spacecraft within the period specified in paragraph 6.3 of this Article 6.4 and in accordance with the notification required in this paragraph, Sea Launch may, depending on manifest constraints, treat the late delivery of the Spacecraft or the inability to export the Spacecraft within the same timeframe as a postponement by Inmarsat MSV in accordance with Article 7, Launch Postponements Postponements. Sea Launch places significant reliance upon MSV’s representation(s) that the Spacecraft delivered to Home Port is indeed a Launch Ready Spacecraft and Sea Launch may suffer impacts should the Spacecraft delivered to Home Port not be a Launch Ready Spacecraft. Therefore, any claim(s) by Sea Launch relating to the above that is based upon MSV’s fraud, willful misrepresentation or willful misconduct shall not be subject to any limitation of liability and Sea Launch shall have all of its rights and remedies available to it under applicable law.