Common use of Repayment for Failed Transponder Clause in Contracts

Repayment for Failed Transponder. For each Lessee Transponder that has become a Failed Transponder, for which Lessee is entitled to cease making Monthly Base Lease Rate payments, and for which Lessee has ceased making Monthly Base Lease Rate payments, Lessee shall be entitled to a refund equal to the product of (i) a fraction, the numerator of which is the number of days from the date such Lessee Transponder became a Failed Transponder until the end of the calendar month in which such failure occurred and the denominator of which is the total [***] Filed separately with the Commission pursuant to a request for confidential treatment. number of days in the calendar month in which such failure occurred, multiplied by (ii) the applicable Monthly Base Lease Rate actually paid by Lessee for such Transponders for the calendar month in which such failure occurred. PanAmSat may offset against any refund due to Lessee pursuant to this Section 12.03 any amounts due from Lessee to PanAmSat under this Agreement [***] and any Outage Allowance already paid to Lessee for any period from and after the date such Lessee Transponder became a Failed Transponder. In addition, if the performance of a Lessee Transponder is such that, while it fails to meet the Transponder Performance Specifications, its performance is nonetheless of some value to Lessee, then prior to accepting repayment calculated as aforesaid, Lessee shall have the right to negotiate with PanAmSat to determine if there is a mutually agreeable reduced lease rate upon which Lessee is willing to continue leasing such Transponder.

Repayment for Failed Transponder. For each Lessee Transponder that has become a Failed Transponder, for which Lessee is entitled to cease making Monthly Base Lease Rate payments, and for which Lessee has ceased making Monthly Base Lease Rate payments, Lessee shall be entitled to a refund equal to the product of (i) a fraction, the numerator of which is the number of days from the date [***] Filed separately with the Commission pursuant to a request for confidential treatment. of such Lessee Transponder became a Failed Transponder failure until the end of the calendar month in which such failure occurred and the denominator of which is the total [***] Filed separately with the Commission pursuant to a request for confidential treatment. number of days in the calendar month in which such failure occurred, multiplied by (ii) the applicable Monthly Base Lease Rate actually paid by Lessee for such Transponders for the calendar month in which such failure occurred. PanAmSat HCG may offset against any refund due to Lessee pursuant to this Section 12.03 any amounts due from Lessee to PanAmSat HCG under this Agreement (including, without limitation, any [***] and any Outage Allowance already paid to Lessee for any period from and after the date such Lessee Transponder became a Failed Transponder]). In addition, if the performance of a Lessee Transponder is such that, while it fails to meet the Transponder Performance Specifications, its performance is nonetheless of some value to Lessee, then prior to accepting repayment calculated as aforesaid, Lessee shall have the right to negotiate with PanAmSat HCG to determine if there is a mutually agreeable reduced lease rate upon which Lessee is willing to continue leasing such Transponder.

Repayment for Failed Transponder. For each Lessee Transponder that has become a Failed Transponder, for which Lessee is entitled to cease making Monthly Base Lease Rate payments, and for which Lessee has ceased making Monthly Base Lease Rate payments, Lessee shall be entitled to a refund equal to the product of (i) a fraction, the numerator of which is the number of days from the date such Lessee Transponder became a Failed Transponder until the end of the calendar month in which such failure occurred and the denominator of which is the total [***] Filed separately with the Commission pursuant to a request for confidential treatment. number of days in the calendar month in which such failure occurred, multiplied by (ii) the applicable Monthly Base Lease Rate actually paid by Lessee for such Transponders for the calendar month in which such failure occurred. PanAmSat may offset against any refund due to Lessee pursuant to this Section 12.03 any amounts due from Lessee to PanAmSat under this Agreement [***] and any Outage Allowance already paid to Lessee for any period from and after the date such Lessee Transponder became a Failed Transponder. In addition, if the performance of a Lessee Transponder is such that, while it fails to meet the Transponder Performance Specifications, its performance is nonetheless of some value to Lessee, then prior to accepting repayment calculated as aforesaid, Lessee shall have [***] Filed separately with the right Commission pursuant to negotiate with PanAmSat to determine if there is a mutually agreeable reduced lease rate upon which Lessee is willing to continue leasing such Transponderrequest for confidential treatment.

Repayment for Failed Transponder. For each Lessee Transponder that has become a Failed Transponder, for which Lessee is entitled to cease making Monthly Base Lease Rate payments, and for which Lessee has ceased making Monthly Base Lease Rate payments, Lessee shall be entitled to a refund equal to the product of (i) a fraction, the numerator of which is the number of days from the date of such Lessee Transponder became a Failed Transponder failure until the end of the calendar month in which such failure occurred and the denominator of which is the total number of days in the calendar month in which such failure occurred, multiplied by the Monthly Base Lease Rate actually paid by Lessee for such Transponders for the calendar month in [***] Filed separately with the Commission pursuant to a request for confidential treatment. number of days in the calendar month in which such failure occurred, multiplied by (ii) the applicable Monthly Base Lease Rate actually paid by Lessee for such Transponders for the calendar month in which such failure occurred. PanAmSat HCG may offset against any refund due to Lessee pursuant to this Section 12.03 any amounts due from Lessee to PanAmSat HCG under this Agreement (including, without limitation, any [***] and any Outage Allowance already paid to Lessee for any period from and after the date such Lessee Transponder became a Failed Transponder]. In addition, if the performance of a Lessee Transponder is such that, while it fails to meet the Transponder Performance Specifications, its performance is nonetheless of some value to Lessee, then prior to accepting repayment calculated as aforesaid, Lessee shall have the right to negotiate with PanAmSat HCG to determine if there is a mutually agreeable reduced lease rate upon which Lessee is willing to continue leasing such Transponder.

Repayment for Failed Transponder. For each Lessee Transponder that of Lessee's Transponders --------------------- which has become a Failed Transponder, for which Lessee is entitled to cease making Monthly Base Lease Rate payments, and for which Lessee has ceased making Monthly Base Lease Rate payments, Lessee shall be entitled to a refund equal to the product of (i) a fraction, the numerator of which is the number of days from the date of such Lessee Transponder became a Failed Transponder failure until the end of the calendar month in which such failure occurred and the denominator of which is the total [***] Filed separately with the Commission pursuant to a request for confidential treatment. number of days in the calendar month in which such failure occurred, multiplied by (ii) the applicable Monthly Base Lease Rate actually paid ---------- -- by Lessee for such Transponders Transponder for the calendar month in which such failure occurred. PanAmSat HCG may offset against any refund due to Lessee pursuant to this Section 12.03 any amounts due from Lessee to PanAmSat HCG under this Agreement [***] and any Outage Allowance already paid to Lessee for any period from and after the date such Lessee Transponder became a Failed TransponderAgreement. In addition, if the performance of a Lessee Lessee's Transponder is such that, while it fails to meet the C-Band Transponder Performance Specifications, its performance is nonetheless of some value to Lessee, then prior to accepting repayment calculated as aforesaid, Lessee shall have the right to negotiate with PanAmSat HCG to determine if there is a mutually agreeable reduced lease rate upon which Lessee is willing to continue leasing such Transponder.

Repayment for Failed Transponder. For each Lessee Transponder that has become a Failed Transponder, for which Lessee is entitled to cease making Monthly Base Lease Rate payments, and for which Lessee has ceased making Monthly Base Lease Rate payments, Lessee shall be entitled to a refund equal to the product of (i) a fraction, the numerator of which is the number of days from the date such Lessee Transponder became a Failed Transponder until the end of the calendar month in which such failure occurred and the denominator of which is the total [***] Filed separately with the Commission pursuant to a request for confidential treatment. number of days in the calendar month in which such failure occurred, multiplied by (ii) the applicable Monthly Base Lease Rate actually paid by Lessee for such Transponders for the calendar month in which such failure occurred. PanAmSat may offset against any refund due to Lessee pursuant to this Section 12.03 any amounts due from Lessee to PanAmSat under this Agreement [***] and any Outage Allowance already paid to Lessee for any period from and after the date such Lessee Transponder became a Failed Transponder. In addition, if the performance of a Lessee Transponder is such that, while it fails to meet the Transponder Performance Specifications, its performance is nonetheless of some value to Lessee, then prior to accepting repayment calculated as aforesaid, Lessee shall have the right to negotiate with PanAmSat to determine if there is a mutually agreeable reduced lease rate upon which Lessee is willing to continue leasing such Transponder.