Common use of RENEWAL OF THIS AGREEMENT Clause in Contracts

RENEWAL OF THIS AGREEMENT. 7.1 Subject to there being no material adverse change in the business, assets or financial condition of the LESO since the Commencement Date that has impaired the LESO’s ability to provide the Services, the LESO shall have the option, upon giving written notice to the Company, to extend the Extended Term for a further fixed period of five (5) years (“Additional Extended Term”). In order to exercise such option, the LESO shall not less than eighteen (18) months before the expiry of the Extended Term, give the Company written notice requesting the renewal of this Agreement. The Company shall, at least fifteen (15) months before such expiry, give the LESO written notice stating the terms and conditions upon which the Company is willing to grant a renewal to the Agreement pursuant to this Clause. If the Company is willing to grant a renewal, the Parties shall negotiate in good faith to conclude any agreement for renewal at least twelve (12) months before the expiry of the Extended Term. Any terms and conditions offered to those LES Operators qualifying pursuant to any criteria put in place by the Company at that time, shall be no less favourable to the LESO than those provided or offered to other LES Operators or to any Inmarsat Affiliate. In considering the request for a renewal, the Company shall amongst other things and consistent with the objects set forth in its Memorandum of Association, take into account the desirability of the LESO continuing to provide Maritime Distress and Safety Services. 7.2 On or before 30 November 2006, the Company may elect for the renewal provision in Clause 7.4 to enter into force. If the Company does not make this election by 30 November 2006, then Clause 7.3 will be in force (and Clause 7.4 will have no force or effect). 7.3 Where the Company does not make any election under Clause 7.2 above, the following will apply: (a) any LESO obligations under this Agreement to provide what it reasonably believes is sensitive business information not necessary for the Company to operate the network will have no force or effect; and (b) the LESO shall not be required to use the Company Marks in any fashion. 7.4 Subject to the provisions of Clause 7.2 above, following expiration of the Extended Term of this Agreement, where the Company has so elected, Clauses 2.7 to 2.14 of the LESO Agreement will continue to have effect for a further period of four (4) years unless the Company has executed renewal agreements permitting such activities with LESOs constituting 30% of revenues derived from all LES Operator Agreements in the prior calendar year.

RENEWAL OF THIS AGREEMENT. 7.1 Subject to there being no material adverse change in This Agreement may be renewed upon the business, assets or financial condition expiry of the LESO since the Commencement Date that has impaired the LESO’s ability to provide the Services, the LESO shall have the option, upon giving written notice to the Company, to extend the Extended Term for a further fixed period of five (5) years (“Additional Extended Term”)on any terms and conditions as may be mutually agreed between the Company and the LESO. In order to exercise such optionfacilitate the orderly renewal of this Agreement, the LESO Parties agree to comply with the procedures described in this Clause provided, however, that neither Party shall be under a binding obligation to agree to any renewal of this Agreement and nothing in this Clause shall preclude the Parties from mutually agreeing to any other procedure for the negotiation and execution of such renewal. 7.2 If, not less than eighteen (18) months before the expiry of the Extended Term, give the LESO, gives the Company written notice requesting the renewal of this Agreement. The , the Company shall, at least fifteen (15) months before such expiry, give the LESO written notice stating either the terms and conditions upon which the Company is willing to grant a renewal to the Agreement pursuant to this ClauseClause or that the Company is not willing to grant such renewal and the reasons for such decision. If the Company is willing to grant a renewal, the Parties shall negotiate in good faith each use their best efforts to conclude any agreement for renewal at least twelve (12) months before the expiry of the Extended Term. Any terms and conditions offered to those LES Operators qualifying pursuant to any criteria put in place by the Company at that time, shall be no less favourable to the LESO than those provided or offered to other LES Operators or to any Inmarsat Affiliate. In considering the request for a renewal, the Company shall amongst other things and shall, consistent with the objects set forth in its Memorandum of Association, take into account the desirability of the LESO continuing to provide Maritime Distress and Safety Services. 7.2 On or before 30 November 2006, the Company may elect for the renewal provision in Clause 7.4 to enter into force. If the Company does not make this election by 30 November 2006, then Clause 7.3 will be in force (and Clause 7.4 will have no force or effect). 7.3 Where the Company does not make any election under Clause 7.2 above, the following will apply: (a) any LESO obligations under this Agreement to provide what it reasonably believes is sensitive business information not necessary for the Company to operate the network will have no force or effect; and (b) the LESO shall not be required to use the Company Marks in any fashion. 7.4 Subject to the provisions of Clause 7.2 above, following expiration of the Extended Term of this Agreement, where the Company has so elected, Clauses 2.7 to 2.14 of the LESO Agreement will continue to have effect for a further period of four (4) years unless the Company has executed renewal agreements permitting such activities with LESOs constituting 30% of revenues derived from all LES Operator Agreements in the prior calendar year.