Less Than Satisfactory Operation of a Spacecraft Sample Clauses

Less Than Satisfactory Operation of a Spacecraft. 1. During such period or periods of time that all the conditions prescribed in Paragraph A of this Article for satisfactory operation are not continuously met for a particular Spacecraft, but INTELSAT uses such Spacecraft for commercial purposes during such period or periods, the Parties and Alcatel, pursuant to Paragraph 8.C, shall negotiate an equitable payment, which shall be paid directly to Alcatel and shall be deemed a “Alcatel Future Performance Payment” (the difference between an Alcatel Future Performance Payment set forth in Articles 6.B.3 and 6.B.4 and such equitable payment, the “Alcatel Performance Payment Reduction”) for such use, which payment shall, in no event, exceed ******* of the payments provided for in Article 6 of this Contract, entitled Spacecraft Performance Payments, subparagraphs B.2 through B.4, with respect to the period or periods of such use. The amount of the negotiated payment shall reflect three principal components: (1) the operational capabilities of the Spacecraft with the deficiencies as compared to the operational capabilities thereof without the deficiencies; (2) the operating usefulness to INTELSAT of the Spacecraft in the total INTELSAT system with the deficiencies as compared to the operating usefulness thereof without the deficiencies; and (3) any additional costs INTELSAT may incur and any revenue it may lose as a result of the failure of the Spacecraft to continuously meet the conditions prescribed in Paragraph A of this Article. For purposes of such negotiation, it is the intent of the parties that the reduction of Performance Payments for each Failed Transponder shall be ******* of the original performance incentive payment which would otherwise be payable for the periods of failure. As related to Ku-Band transponders on a Spacecraft, the ******* deduction shall not apply until there are less than ******* Ku-Band transponders operating nominally. If INTELSAT elects not to use such degraded Spacecraft for commercial communications purposes, no further Performance Payments shall be made to the Contractor for such Spacecraft. Any adjustment to the Alcatel Future Performance Payments under this Article 8.B shall be reduced to reflect that the Alcatel Future Performance Payments are a proportionate share of the Performance Payments prior to this Amendment, as Alcatel’s shares are set forth in Article 8.D.4.
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Related to Less Than Satisfactory Operation of a Spacecraft

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