Common use of PURCHASER DELAY OF WORK Clause in Contracts

PURCHASER DELAY OF WORK. If the performance of all or any part of the Work required of Contractor under this Contract is delayed or interrupted primarily caused by Purchaser’s failure to perform its contractual obligations set forth in Table 8-1 of Exhibit A, Statement of Work, and not due to Force Majeure, within the time specified in this Contract or within a reasonable time if no time is specified, or by an act or failure to act of Purchaser or its agents, consultants or subcontractors (including, without limitation, the Launch Agency) that unreasonably interferes with and/or materially delays Contractor’s performance of its obligations under this Contract (each a “Purchaser Delay”), Purchaser shall be responsible for any additional Actual Costs incurred by Contractor [***], and the Firm Fixed Price shall be modified accordingly [***], provided that if the delay or interruption is due to the unavailability of any of the items identified in Table 8.1 of Exhibit A, Statement of Work, Purchaser shall direct Contractor to place the Satellite in storage in accordance with the applicable provision(s) of this Contract. In addition, Contractor shall be entitled to an equitable adjustment in performance requirements, Delivery schedules, and any other terms of this Contract to the extent affected by such Purchaser Delay. The Parties will formalize all such adjustments by executing an appropriate amendment to this Contract. To qualify as a Purchaser Delay hereunder, (a) Contractor must provide Purchaser written notice of any applicable Purchaser Delay no later than [***] Business Days after the time of such Purchaser Delay; and (b) Contractor must use reasonable efforts to avoid and/or mitigate the effect of such Purchaser Delay. Use or disclosure of the data contained on this sheet is subject to the restriction on the title page.

PURCHASER DELAY OF WORK. If the performance of all or any part of the Work required of Contractor under this Contract is delayed or interrupted primarily caused by Purchaser’s failure to perform its contractual obligations set forth in Table 8-1 of Exhibit A, Statement of Work, and not due to Force Majeure, hereunder within the time specified in this Contract or within a reasonable time if no time is specified, or by an act or failure to act of Purchaser or its agents, consultants or subcontractors (including, without limitation, the Launch Agency) that unreasonably interferes with and/or materially and delays Contractor’s performance of its obligations under this Contract (each a “Purchaser Delay”), Purchaser shall be responsible for any additional Actual Costs incurred by Contractor [***], and the Firm Fixed Price shall be modified accordingly [***], provided that if the delay or interruption is due to the unavailability of any of the items identified in Table 8.1 of Exhibit A, Statement of Work, Purchaser shall direct Contractor to place the Satellite in storage in accordance with the applicable provision(s) of this Contract. In addition, Contractor shall be entitled to an equitable adjustment in the Firm Fixed Price, performance requirements, Delivery schedulesschedule, and any other terms of this Contract to the extent affected by such act or failure to act of Purchaser, provided, however, there shall be an adjustment to the Firm Fixed Price only for actual costs reasonably incurred by Contractor as a result of such Purchaser Delay, plus a markup of ten percent (10%) of such costs, such costs and markup to be invoiced and paid pursuant to the provisions of Article 5. The Parties will formalize all such adjustments by executing an appropriate amendment to this Contract. To qualify as a Purchaser Delay hereunder, (a) Contractor must shall provide Purchaser written notice of any applicable Purchaser Delay no later than [***] Business Days as soon as reasonably practicable after the time of such Contractor’s performance has been impacted by a Purchaser Delay; . Any adjustment made pursuant to this Article 18 shall be formalized by the execution of an amendment to this Contract in accordance with Articles 16 and (b) 37.5 wherein such adjustments shall be recorded. At Purchaser’s written request pursuant to Article 16, Contractor must shall use best reasonable efforts to avoid or minimize and/or mitigate the effect of work around any delay resulting from such Purchaser DelayDelay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. [Use or disclosure of the data contained on this sheet page is subject to the restriction on the title pagerestrictions set forth in this Contract.]

PURCHASER DELAY OF WORK. If the performance of all or any part of the Work required of Contractor under this Contract is materially delayed or interrupted primarily caused by Purchaser’s failure to perform its contractual obligations set forth in Table 8-1 paragraph 2.6 of Exhibit A, Statement of Work, and not due to Force Majeure, the SOW within the time specified in this Contract or within a reasonable time if no time is specified, or by an act or failure to act of Purchaser or its agents, consultants or subcontractors (including, without limitation, the Launch Agency) that unreasonably interferes with and/or materially delays Contractor’s performance of its obligations under this Contract (each a “Purchaser Delay”), Purchaser shall be responsible for any additional Actual Costs incurred by Contractor [***]as a result thereof, and the Firm Fixed Price shall be modified accordingly [***], provided that if the delay or interruption is due to the unavailability of any of the items identified in Table 8.1 of Exhibit A, Statement of Work, Purchaser shall direct Contractor to place the Satellite in storage in accordance with the applicable provision(s) of this Contractaccordingly. In addition, Contractor shall be entitled to an equitable adjustment in performance requirements, Delivery schedules, and any other terms of this Contract to the extent affected by such Purchaser Delay. The Parties will formalize all such adjustments by executing an appropriate amendment to this Contract. To qualify as a Purchaser Delay hereunder, (a) Contractor must provide notify Purchaser written notice in writing of any applicable Purchaser Delay no later than [***] five (5) Business Days after Contractor becomes aware of a possible impact due to the time of such Purchaser Delay; and (b) Contractor must use reasonable efforts Reasonable Efforts to avoid and/or mitigate the effect of such Purchaser Delay. 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.