REPLACEMENT LAUNCH. 12.1 In the event that ICO determines that the Launch results in a Failure within the first [*], then ICO shall have the right to require Launch Provider to perform another launch service in accordance with this Article 12.1 (the “Replacement Launch”).
12.1.1 If ICO has a Failure, ICO’s right to obtain the Replacement Launch is exercisable by written notice (the “Replacement Launch Notice”), which ICO shall provide not later than [*].
12.1.2 The Replacement Launch Notice shall indicate the new ninety (90) day Launch Period desired for the Replacement Launch. Launch Provider shall use [*] to provide ICO with the Launch Period desired for the Replacement Launch. Launch Provider shall inform ICO, within fifteen (15) days after receipt of the Replacement Launch Notice, if a Launch Opportunity exists in the Launch Period requested by ICO. If a Launch Opportunity does not exist in the requested Launch Period, the Parties will negotiate in good faith and designate a mutually acceptable Launch Period for the Replacement Launch within [*] after Launch Provider’s receipt of the Replacement Launch Notice exercising its option for the Replacement Launch; [*]
12.1.3 The Replacement Launch shall be provided in accordance with the terms and conditions of the Contract, except the Replacement Launch Price, the determination of the Launch Period for the Replacement Launch, the payment schedule for the Replacement Launch and the Termination Schedule shall be as set forth in this Article 12, REPLACEMENT LAUNCH. Once the Parties have selected a Launch Period for the Replacement Launch, the Parties shall prepare and sign an amendment to this Contract that documents the terms and conditions of such Replacement Launch.
12.1.4 Launch Provider shall in good faith provide ICO a price for the Replacement Launch (“Replacement Launch Price”) at least [*]. If ICO exercises a Replacement Launch, ICO shall pay the Replacement Launch Price in accordance with Article 12.1.5.
12.1.5 ICO shall make payments for the Replacement Launch in accordance with the following payment schedule, as such schedule may be amended or revised pursuant to this Contract: [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED [*] In the event Launch Provider postpones the Launch Schedule for the Launch Service pursuant to Article 6.2, all payments under this Article 12.1.5 which have not already been paid shall be suspended on a day-for-day basis for the length of the postponement a...
REPLACEMENT LAUNCH. Pursuant to the Letter Agreement, payments from Customer to PanAmSat totaling [*****************] toward a possible Loral replacement satellite are acknowledged; [*****************] of said amount has already [***] Filed separately with the Commission pursuant to a request for confidential treatment. been or will be applied to offset Customer's obligation hereunder. It is further acknowledged that the remaining [*******************] is [******************]
REPLACEMENT LAUNCH. Pursuant to the prior agreement covering PAS-6 and PAS-3 between the parties, payments from Buyer to PanAmSat totaling [***] toward a possible Loral replacement satellite are acknowledged; [***] of said amount has already been or will be applied to offset Buyer's obligation hereunder. It is further acknowledged that the remaining [***] is[******].
REPLACEMENT LAUNCH. 13.1 Inmarsat may request a replacement launch in the event of a Total Failure or Constructive Total Failure.
13.2 The request for a replacement launch must be in writing and received by Sea Launch no later than ninety (90) days after the determination of a Total Failure or Constructive Total Failure. The request shall indicate the Launch Period desired for the replacement launch.
13.3 Sea Launch shall inform Inmarsat, after receipt of the request, if a Launch Opportunity exists in the requested Launch Period. If a Launch Opportunity does not exist in the requested Launch Period, the Parties will negotiate in good faith to reach a mutually acceptable Launch Period.
13.4 Any agreement reached by the Parties on a replacement launch shall be in writing. The replacement launch shall be provided in accordance with the terms and conditions of the Contract.
13.5 The configuration and mission requirements of the Spacecraft selected by Inmarsat for the replacement launch shall be sufficiently similar to avoid any need for mission analysis or for Launch Vehicle or interface changes.
13.6 Inmarsat shall pay Sea Launch the same price for the replacement launch as paid for the Launch declared a Total Failure or Constructive Total Failure, subject to escalation at a rate of **** per year calculated from the first day of the Launch Period established at the time of Contract award to the first day of the Launch Period agreed upon by the Parties in accordance with Paragraph 13.3.
13.7 Inmarsat shall make payment for the replacement launch in accordance with the payment schedule set forth in Article 5, Payments. Inmarsat shall make the initial payment at the time of the written agreement establishing the Launch Period of the replacement launch in accordance with Paragraph 13.3. The initial payment shall include all past due sums.
13.8 The remedies set forth in this Article 13 shall constitute the sole and exclusive remedies of Inmarsat for Total Failure or Constructive Total Failure.
REPLACEMENT LAUNCH. 20.1 TERMS GOVERNING REPLACEMENT LAUNCH The Customer may request a Replacement Launch for a Launch Vehicle Mission Failure or Satellite Mission Failure, provided that the Satellite Mission Failure must occur prior to the completion of Satellite check-out. 5 April 1996 Lockheed Xxxxxx Commercial Launch Series Proprietary Data
20.1.1 Contractor will conduct the Replacement Launch within twelve
REPLACEMENT LAUNCH. 13.1.1 CUSTOMER may request a Replacement Launch in accordance with Article 13.1 in the event of a Total Failure or Constructive Total Failure or a Total Loss or
REPLACEMENT LAUNCH. 13.1.1 MSV may request a Replacement Launch in accordance with Article 13.1 in the event of a Total Failure or Constructive Total Failure or a Total Loss or Constructive Total Loss. In the case of a Total Loss or Constructive Total Loss, the priority rights set forth in Article 6.6.1 as to scheduling the Replacement Launch are subject to any pre-existing commitment(s) or obligation(s) Sea Launch may have to a Third Party customer(s).
13.1.2 The request for a Replacement Launch must be in writing and received by Sea Launch (i) no later than (***) after the Launch which resulted in a Total Loss or Constructive Total Loss, or (ii) no later than (***) after the determination by the Sea Launch failure review board, as set forth in Article 13.1.8, of a Total Failure or Constructive Total Failure. The request shall indicate the Launch Semester desired for the Replacement Launch., and such Launch Semester shall commence no later than (***) from the date of the request which will provide MSV sufficient time to contract for a new Spacecraft.
13.1.3 Sea Launch shall inform MSV, after receipt of the request, if a Launch Opportunity exists in the requested Launch Semester. If a Launch Opportunity does not exist in the requested Launch Semester, the Parties will negotiate in good faith to reach a mutually acceptable Launch Semester.
13.1.4 Any agreement reached by the Parties on a Replacement Launch shall be in writing. The Replacement Launch shall be provided in accordance with the terms and conditions of the Contract.
13.1.5 The configuration and mission requirements of the spacecraft selected by MSV for the Replacement Launch shall be substantially similar to the Spacecraft in regards to spacecraft configuration or scope of integration. In the event of differences between the Replacement Launch spacecraft and the Spacecraft resulting in a change in the scope of work, MSV and Sea Launch shall negotiate appropriate Contract amendments to cover reasonable costs and/or schedule adjustments, if any.
13.1.6 MSV shall pay Sea Launch the same price for the Replacement Launch as paid for the Launch declared a Total Failure, Constructive Total Failure, Total Loss or Constructive Total Loss, subject to escalation at a rate of (***) per year (with partial years calculated using an escalation rate of (***) per month) calculated from the first Day of the Launch Semester established at the time of Contract award to the first Day of the Launch Semester agreed upon by the Parties in ...
REPLACEMENT LAUNCH. 61 ARTICLE 14 ALLOCATION OF POTENTIAL LIABILITIES AND RISKS...............66 ARTICLE 15 INSURANCE...................................................72
REPLACEMENT LAUNCH. 11 ARTICLE 11:
REPLACEMENT LAUNCH. 13.1 XM may request a replacement launch in the event of a Total Loss, Constructive Total Loss or Partial Loss.
13.2 The request for a replacement launch must be in writing and received by Sea Launch no later than [***] after the determination of a Total Loss, Constructive Total Loss or Partial Loss. The request shall indicate the Launch Period desired for the replacement launch.
13.3 Sea Launch shall inform XM, after receipt of the request, if a Launch Opportunity exists as requested. If a Launch Opportunity does not exist as requested, the Parties will negotiate in good faith a mutually acceptable Launch Period.
13.4 Any agreement reached by the Parties on a replacement launch shall be in writing. The replacement launch shall be provided in accordance with the terms and conditions of the Contract.
13.5 The configuration and mission requirements of the Spacecraft selected by XM for the replacement launch shall be sufficiently similar to avoid any need for mission analysis or for Launch Vehicle or interface changes.
13.6 XM shall pay Sea Launch [***] for the replacement launch [***], subject to [***] of the Launch Period agreed upon by the Parties in accordance with Paragraph 13.3.
13.7 XM shall make payment for the replacement launch in accordance with the payment schedule set forth in Article 5, Payments. XM shall make the initial payment at the time of the written agreement on the Launch Period of the replacement launch in accordance with Paragraph 13.
