Common use of Right to Deny Access Clause in Contracts

Right to Deny Access. a) If Customer violates any provision of this Attachment, and, following notice from HNS, continues to violate any such provision, then in addition to its other rights hereunder, HNS shall have the immediate right to prevent Customer from accessing Customer’s Transponder Capacity to the extent, but only to the extent necessary and for the time necessary to prevent such breach from continuing. b) If, in connection with Using Customer’s Transponder Capacity, i) Customer is convicted under any Obscenity Law or has been found by any Governmental Authority to have violated any such law; ii) based on any Use of Customer’s Transponder Capacity by Customer, HNS is indicted or otherwise charged as a criminal defendant, or is convicted under any Obscenity law, or becomes the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or any Governmental Authority seeks a cease and desist or other similar order or filing; iii) A Governmental Communications Authority has issued an order initiating a proceeding to revoke HNS or the Satellite Operator’s authorization to operate the Satellite; iv) HNS obtains a court order pursuant to this Section, or a court or Governmental Authority of competent jurisdiction orders HNS to deny access to user or orders user to cease transmission; or v) HNS receives notice (the “Illegal Programming Notice”), written or oral, from a Governmental Authority that such authority considers Customer and/or any other user’s programming to be in violation of Obscenity Laws (the “Illegal Programming”), and that if HNS does not cease transmitting such Illegal Programming, then HNS and/or its parent or affiliates and/or any of their executives will be indicted or otherwise charged as a criminal defendant, will become the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or that such Governmental Authority will seek a cease and desist or other similar order or filing (with HNS being obligated, to the extent permitted by law, to provide Customer with a copy of such Illegal Programming Notice, if written, or with other verification, including the details thereof, if oral); then, upon written notice from HNS to Customer (the “Denial of Access Notice”), which may be oral directed to Customer, Customer shall cease using Customer’s Transponder Capacity, immediately, in the case of a denial of access pursuant to subparagraphs (i), (ii), (iii) or (iv) above, or within 24 hours following receipt of such notice, in the case of a denial of access pursuant to subparagraph (v), above; and if user does not voluntarily cease using such capacity at the appropriate time, then HNS shall have the right to take such steps as they may deem necessary to prevent user from accessing Customer’s Transponder Capacity. Provided, however, that if user has more than one programming service, then the denial of access by HNS shall apply only to the Transponder used to provide the illegal Programming Service; and provided further, however, that if, upon receipt of the Denial of access Notice from HNS, user does not immediately cease transmission of such Illegal Programming Service, then HNS shall have the right to take such steps as they deem necessary to prevent user from accessing the Transponder used to transmit such Illegal Programming Service (and if, thereafter, Customer transmits such Illegal Programming Service using any of Customer’s Transponder Capacity, then HNS shall have the immediate right, without further notification, to take such steps as HNS deems necessary to prevent Customer from accessing any of Customer’s Transponder Capacity). As used herein, “user” shall mean Customer and any person to whom Customer transfers all or part of its right to Use Customer’s Transponder Capacity, including without limitation, a sublessee, licensee or assignee.

Appears in 3 contracts

Samples: Master Services Agreement (Global Eagle Entertainment Inc.), Master Services Agreement (Global Eagle Entertainment Inc.), Master Services Agreement (Global Eagle Entertainment Inc.)

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Right to Deny Access. (a) If Customer violates any provision of this Attachment, and, following notice from HNS, continues to violate any such provision, then in addition to its other rights hereunder, HNS shall have the immediate right to prevent Customer from accessing Customer’s Transponder Capacity to the extent, but only to the extent necessary and for the time necessary to prevent such breach from continuing. b) If, in connection with Using Customer’s Transponder Capacityusing Lessee's Transponders, (i) Customer User (as defined below) is indicted or is otherwise charged as a defendant in a criminal proceeding based upon, or is convicted under under, any Obscenity Obscenity/Content Law or has been found by any Governmental Authority to have violated any such law; (ii) based on any Use User's use of Customer’s Transponder Capacity by Customerthe Transponders, HNS HCG is indicted or otherwise charged as a criminal defendant, or is convicted under any Obscenity law, or becomes the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or any Governmental Authority seeks a cease and desist or other similar order or filing; (iii) A Governmental Communications Authority the FCC has issued an order initiating a proceeding to revoke HNS or the Satellite Operator’s HCG's authorization to operate the Satellite; (iv) HNS HCG obtains a court order pursuant to this Section, Section 10.06(c) or a court or Governmental Authority of competent jurisdiction orders HNS HCG to deny access to user User or orders user User to cease transmission; or (v) HNS HCG receives written notice (the "Illegal Programming Notice”), written or oral, ") from a Governmental Authority that such authority considers Customer Lessee and/or any other user’s User's programming to be in violation of Obscenity Obscenity/Content Laws (the "Illegal Programming"), and that if HNS HCG does not cease transmitting such Illegal Programming, then HNS HCG and/or its parent or affiliates and/or any of their executives will be indicted or otherwise charged as a criminal defendant, will become the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or that such Governmental Authority will seek a cease and desist or other similar order or filing (with HNS HCG being obligated, to the extent permitted by law, to provide Customer Lessee with a copy of such Illegal Programming Notice, if written, or with other verification, including the details thereof, if oral); then, upon written notice from HNS to Customer (the “Denial of Access Notice”), which may be oral directed to Customer, Customer shall cease using Customer’s Transponder Capacity, immediately, in the case of a denial of access pursuant to subparagraphs (i), (ii), (iii) or (iv) above, or within 24 hours following receipt of such notice, in the case of a denial of access pursuant to subparagraph (v), above; and if user does not voluntarily cease using such capacity at the appropriate time, then HNS shall have the right to take such steps as they may deem necessary to prevent user from accessing Customer’s Transponder Capacity. Provided, however, that if user has more than one programming service, then the denial of access by HNS shall apply only to the Transponder used to provide the illegal Programming Service; and provided further, however, that if, upon receipt of the Denial of access Notice from HNS, user does not immediately cease transmission of such Illegal Programming Service, then HNS shall have the right to take such steps as they deem necessary to prevent user from accessing the Transponder used to transmit such Illegal Programming Service (and if, thereafter, Customer transmits such Illegal Programming Service using any of Customer’s Transponder Capacity, then HNS shall have the immediate right, without further notification, to take such steps as HNS deems necessary to prevent Customer from accessing any of Customer’s Transponder Capacity). As used herein, “user” shall mean Customer and any person to whom Customer transfers all or part of its right to Use Customer’s Transponder Capacity, including without limitation, a sublessee, licensee or assignee.;

Appears in 1 contract

Samples: Transponder Lease Agreement (Panamsat Corp /New/)

Right to Deny Access. (a) If Customer violates any provision of this Attachment, and, following notice from HNS, continues to violate any such provision, then in addition to its other rights hereunder, HNS shall have the immediate right to prevent Customer from accessing Customer’s Transponder Capacity to the extent, but only to the extent necessary and for the time necessary to prevent such breach from continuing. b) If, in connection with Using Customer’s Transponder Capacityusing the Lessee Transponders, (i) Customer User (as defined below) is indicted or is otherwise charged as a defendant in a criminal proceeding based upon, or is convicted under under, any Obscenity Obscenity/Content Law or has been found by any Governmental Authority to have violated any such law; (ii) based on any Use User's use of Customer’s Transponder Capacity by Customerthe Transponders, HNS PanAmSat is indicted or otherwise charged as a criminal defendant, or is convicted under any Obscenity law, or becomes the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or any Governmental Authority seeks a cease and desist or other similar order or filing; (iii) A Governmental Communications Authority the FCC has issued an order initiating a proceeding to revoke HNS or the Satellite Operator’s PanAmSat's authorization to operate the Satellite; (iv) HNS PanAmSat obtains a court order pursuant to this Section, Section 10.06(c) or a court or Governmental Authority of competent jurisdiction orders HNS PanAmSat to deny access to user User or orders user User to cease transmission; or; (v) HNS PanAmSat receives written notice (the "Illegal Programming Notice”), written or oral, ") from a Governmental Authority that such authority considers Customer Lessee and/or any other user’s User's programming to be in violation of Obscenity Obscenity/Content Laws (the "Illegal Programming"), and that if HNS PanAmSat does not cease transmitting such Illegal Programming, then HNS PanAmSat and/or its parent or affiliates and/or any of their executives will be indicted or otherwise charged as a criminal defendant, will become the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or that such Governmental Authority will seek a cease and desist or other similar order or filing (with HNS PanAmSat being obligated, to the extent permitted by law, to provide Customer Lessee with a copy of such Illegal Programming Notice, if written, or with other verification, including the details thereof, if oral); then, upon written notice from HNS to Customer ; (the “Denial of Access Notice”), which may be oral directed to Customer, Customer shall cease using Customer’s Transponder Capacity, immediately, in the case of a denial of access pursuant to subparagraphs (i), (ii), (iiivi) or (iv) above, or within 24 hours following receipt of such notice, in the case of a denial of access pursuant to subparagraph (v), above; and if user does not voluntarily cease using such capacity at the appropriate time, then HNS shall have PanAmSat has the right to take terminate this Agreement pursuant to Section 10.02 (provided that any notice that would be required for termination under Section 10.02 shall also be given for any such steps as they may deem necessary to prevent user from accessing Customer’s Transponder Capacity. Provided, however, that if user has more than one programming service, then the denial of access access); or (vii) Lessee's signal(s) is being "jammed" by HNS shall apply only to a third party (governmental or otherwise) and such jamming is interfering with the Transponder used to provide use or threatens the illegal Programming Service; and provided further, however, that if, upon receipt health of the Denial of access Notice from HNSSatellite; provided that PanAmSat shall, user does in cooperation with Lessee, use its reasonable efforts through available legal means to cause such jamming to be stopped as soon as possible; provided further that the foregoing shall not immediately cease transmission of such Illegal Programming Service, then HNS shall have require either Lessee or PanAmSat to institute legal proceedings against any third party; [***] Filed separately with the right Commission pursuant to take such steps as they deem necessary to prevent user from accessing the Transponder used to transmit such Illegal Programming Service (and if, thereafter, Customer transmits such Illegal Programming Service using any of Customer’s Transponder Capacity, then HNS shall have the immediate right, without further notification, to take such steps as HNS deems necessary to prevent Customer from accessing any of Customer’s Transponder Capacity). As used herein, “user” shall mean Customer and any person to whom Customer transfers all or part of its right to Use Customer’s Transponder Capacity, including without limitation, a sublessee, licensee or assigneerequest for confidential treatment.

Appears in 1 contract

Samples: Transponder Lease Agreement (Panamsat Corp /New/)

Right to Deny Access. (a) If PanAmSat may deny access by Customer violates to the Customer's Transponder Capacity in any provision of circumstance in which PanAmSat would have the right to terminate this Attachment, and, following Agreement for cause under Section 7.5 above provided that any notice from HNS, continues to violate that would be required for termination under Section 7.5 is also given for any such provision, then in addition to its other rights hereunder, HNS shall have denial of access. ---------------- * CONFIDENTIAL TREATMENT REQUEST -- Confidential portion has been omitted and filed separately with the immediate right to prevent Customer from accessing Customer’s Transponder Capacity to the extent, but only to the extent necessary and for the time necessary to prevent such breach from continuingCommission. (b) IfPanAmSat may also deny access to Customer if, in connection with Using any circumstance that arises out of Customer’s 's use of the Customer's Transponder Capacity, i, PanAmSat or any member of the "PanAmSat Group" (as defined in Section 9.3 below): (A) Customer is convicted under any Obscenity Law or has been found by any Governmental Authority to have violated any such law; iiindicted, (B) based on any Use of Customer’s Transponder Capacity by Customer, HNS is indicted or otherwise charged as a criminal defendant, or is convicted under any Obscenity law, or (C) becomes the subject of a any criminal proceeding proceeding, or a (D) becomes the subject of any other governmental action seeking a fineor threat of any action by any governmental entity or representative thereof which potentially could result in the revocation, license revocation or other sanctionssuspension, or loss of any Governmental Authority seeks a cease and desist license, ability or other similar order right to provide capacity or filing; iii) A Governmental Communications Authority has issued an order initiating a proceeding service to revoke HNS any customer or loss of any customer's right or ability to use the Satellite Operator’s authorization capacity or service provided to operate the Satellite; iv) HNS obtains a court order pursuant to this Section, or a court or Governmental Authority of competent jurisdiction orders HNS to it. PanAmSat may also deny access to user Customer if Customer's signal is being "jammed" by a third party (governmental or orders user otherwise) and such jamming is interfering with the use or threatens the health of the Satellite; provided that PanAmSat shall, in cooperation with Customer, use all reasonable efforts through all available legal avenues to cease transmission; or v) HNS receives notice (the “Illegal Programming Notice”), written or oral, from a Governmental Authority that cause such authority considers Customer and/or any other user’s programming jamming to be in violation of Obscenity Laws stopped as soon as possible; provided that nothing herein shall be construed so as to require either party to institute legal proceedings against any third party. (the “Illegal Programming”), and that if HNS does not cease transmitting such Illegal Programming, then HNS and/or its parent or affiliates and/or any of their executives will be indicted or otherwise charged as a criminal defendant, will become the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or that such Governmental Authority will seek a cease and desist or other similar order or filing (with HNS being obligated, to the extent permitted by law, to provide Customer with a copy of such Illegal Programming Notice, if written, or with other verification, including the details thereof, if oral); then, upon written notice from HNS to Customer (the “Denial of Access Notice”), which may be oral directed to Customer, c) Customer shall cease using Customer’s Transponder Capacity, immediatelytransmissions to the Satellite upon notice of denial of access by PanAmSat under this Section 7.6. PanAmSat may continue to deny Customer access under this Section 7.6 until any breach of the Agreement by Customer is cured and, in the case of a any denial of access pursuant to subparagraphs clause (i), (ii), (iii) or (ivb) above, until any action or within 24 hours following receipt threat of such noticeaction is resolved in PanAmSat's favor or removed and, in each case, until assurances are given to PanAmSat's reasonable satisfaction that the case of matter(s) giving rise to a denial of access pursuant to subparagraph will not reoccur. (v), above; and if user does d) If it is determined by final judicial order that PanAmSat prevented Customer from accessing any or all of Customer's Transponder Capacity at a time when PanAmSat did not voluntarily cease using such capacity at the appropriate time, then HNS shall have the right to take such steps as they may deem necessary to prevent user from accessing Customer’s Transponder Capacity. Provided, however, that if user has more than one programming servicedo so under this Section 7.6, then Customer shall be entitled to Outage Credits for the denial of period during which access by HNS was denied, which shall apply only to the Transponder used to provide the illegal Programming Service; and provided further, however, that if, upon receipt of the Denial of access Notice from HNS, user does not immediately cease transmission of such Illegal Programming Service, then HNS shall have the right to take such steps as they deem necessary to prevent user from accessing the Transponder used to transmit such Illegal Programming Service (and if, thereafter, Customer transmits such Illegal Programming Service using any of Customer’s Transponder Capacity, then HNS shall have the immediate right, without further notification, to take such steps as HNS deems necessary to prevent Customer from accessing any of Customer’s Transponder Capacity). As used herein, “user” shall mean Customer and any person to whom Customer transfers all or part of its right to Use Customer’s Transponder Capacity, including without limitation, a sublessee, licensee or assigneebe calculated in accordance with Section 5.

Appears in 1 contract

Samples: Domestic Data Service Agreement (Impsat Corp)

Right to Deny Access. a) 1. If Customer violates any provision of this Attachment, Article IV and, following notice from GEAC or HNS, continues to violate any such provision, then in addition to its other rights hereunder, GEAC and/or HNS shall have the immediate right to prevent Customer from accessing Customer’s 's Transponder Capacity to the extent, but only to the extent necessary and for the time necessary (as reasonably determined by GEAC) to prevent such breach from continuing. b) 2. If, in connection with Using Customer’s 's Transponder Capacity, (i) Customer user is indicted or is otherwise charged as a defendant in a criminal proceeding, or is convicted under any Obscenity Law or has been found by any Governmental Authority to have violated any such law; (ii) based on any user's Use of Customer’s 's Transponder Capacity by CustomerCapacity, HNS and/or GEAC is indicted or otherwise charged as a criminal defendant, or is convicted under any Obscenity law, or becomes the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or any Governmental Authority seeks a cease and desist or other similar order or filing; (iii) A Governmental Communications Authority the FCC has issued an order initiating a proceeding to revoke HNS or the Satellite Operator’s GEAC's authorization to operate the Satellite; (iv) HNS GEAC obtains a court order pursuant to this Section, or a court or Governmental Authority of competent jurisdiction orders HNS GEAC to deny access to user or orders user to cease transmission; or (v) HNS and or GEAC receives notice (the "Illegal Programming Notice"), written or oral, from a Governmental Authority that such authority considers Customer and/or any other user’s 's programming to be in violation of Obscenity Laws (the "Illegal Programming"), and that if HNS and/or HNS does not cease transmitting such Illegal Programming, then HNS and/or its parent and or affiliates GEAC and/or any of their executives will be indicted or otherwise charged as a criminal defendant, will become the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or that such Governmental Authority will seek a cease and desist or other similar order or filing (with HNS being obligated, to the extent permitted by law, to provide Customer with a copy of such Illegal Programming Notice, if written, or with other verification, including the details thereof, if oral); then, upon written notice from HNS to Customer (the “Denial of Access Notice”), which may be oral directed to Customer, Customer shall cease using Customer’s Transponder Capacity, immediately, in the case of a denial of access pursuant to subparagraphs (i), (ii), (iii) or (iv) above, or within 24 hours following receipt of such notice, in the case of a denial of access pursuant to subparagraph (v), above; and if user does not voluntarily cease using such capacity at the appropriate time, then HNS shall have the right to take such steps as they may deem necessary to prevent user from accessing Customer’s Transponder Capacity. Provided, however, that if user has more than one programming service, then the denial of access by HNS shall apply only to the Transponder used to provide the illegal Programming Service; and provided further, however, that if, upon receipt of the Denial of access Notice from HNS, user does not immediately cease transmission of such Illegal Programming Service, then HNS shall have the right to take such steps as they deem necessary to prevent user from accessing the Transponder used to transmit such Illegal Programming Service (and if, thereafter, Customer transmits such Illegal Programming Service using any of Customer’s Transponder Capacity, then HNS shall have the immediate right, without further notification, to take such steps as HNS deems necessary to prevent Customer from accessing any of Customer’s Transponder Capacity). As used herein, “user” shall mean Customer and any person to whom Customer transfers all or part of its right to Use Customer’s Transponder Capacity, including without limitation, a sublessee, licensee or assignee.;

Appears in 1 contract

Samples: Transponder Sublease Agreement (On Command Corp)

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Right to Deny Access. (a) If PanAmSat may deny access by Customer violates to the Service Transponder in any provision circumstance in which PanAmSat would have the right to terminate this Agreement for cause under Section 7.5 of this Attachmentthe Transponder Service Agreement, andreferenced below, following provided that any notice from HNS, continues to violate that would be required for termination under Section 7.5 is also given for any such provision, then in addition to its other rights hereunder, HNS shall have the immediate right to prevent Customer from accessing Customer’s Transponder Capacity to the extent, but only to the extent necessary and for the time necessary to prevent such breach from continuingdenial access. (b) IfPanAmSat may also deny access to Customer if, in connection with Using Customer’s Transponder Capacity, i) Customer is convicted under any Obscenity Law or has been found by any Governmental Authority to have violated any such law; ii) based on any Use circumstance that arises out of Customer’s 's use of the Service, PanAmSat or any member of the "PanAmSat Group" (as defined in Section 9.3 of the Transponder Capacity by CustomerService Agreement): (A) is indicted, HNS (B) is indicted or otherwise charged as a criminal defendant, or is convicted under any Obscenity law, or (C) becomes the subject of a any criminal proceeding proceeding, or a (D) becomes the subject of any other governmental action seeking a fineor threat of any action by any governmental entity or representative thereof which potentially could result in the revocation, license revocation or other sanctionssuspension, or loss of any Governmental Authority seeks a cease and desist license, ability or other similar order right to provide capacity or filing; iii) A Governmental Communications Authority has issued an order initiating a proceeding service to revoke HNS any customer or loss of any customer's right or ability to use the Satellite Operator’s authorization capacity or service provided to operate the Satellite; iv) HNS obtains a court order pursuant to this Section, or a court or Governmental Authority of competent jurisdiction orders HNS to it. PanAmSat may also deny access to user Customer if Customer's signal is being "jammed" by a third party (governmental or orders user otherwise) and such jamming is interfering with the use or threatens the health of the Satellite; provided that PanAmSat shall, in cooperation with Customer, use all reasonable efforts through all available legal avenues to cease transmission; or v) HNS receives notice (the “Illegal Programming Notice”), written or oral, from a Governmental Authority that cause such authority considers Customer and/or any other user’s programming jamming to be in violation of Obscenity Laws stopped as soon as possible; provided that nothing herein shall be construed so as to require either party to institute legal proceedings against any third party. (the “Illegal Programming”), and that if HNS does not cease transmitting such Illegal Programming, then HNS and/or its parent or affiliates and/or any of their executives will be indicted or otherwise charged as a criminal defendant, will become the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or that such Governmental Authority will seek a cease and desist or other similar order or filing (with HNS being obligated, to the extent permitted by law, to provide Customer with a copy of such Illegal Programming Notice, if written, or with other verification, including the details thereof, if oral); then, upon written notice from HNS to Customer (the “Denial of Access Notice”), which may be oral directed to Customer, c) Customer shall cease using Customer’s Transponder Capacity, immediatelytransmissions to the Satellite upon notice of denial of access by PanAmSat under this Section. PanAmSat may continue to deny Customer access under this Section until any breach of the Agreement by Customer is cured and, in the case of a any denial of access pursuant to subparagraphs clause (i), (ii), (iii) or (ivb) above, until any action or within 24 hours following receipt threat of such noticeaction is resolved in PanAmSat's favor or removed and, in each case, until assurances are given to PanAmSat's reasonable satisfaction that the case of matter(s) giving rise to a denial of access pursuant to subparagraph will not reoccur. (v), above; and if user does d) If it is determined by final judicial order that PanAmSat prevented Customer from accessing any or all of Service at a time when PanAmSat did not voluntarily cease using such capacity at the appropriate time, then HNS shall have the right to take such steps as they may deem necessary to prevent user from accessing Customer’s Transponder Capacity. Provided, however, that if user has more than one programming servicedo so under this Section, then Customer shall be entitled to Outage Credits for the denial of period during which access by HNS was denied, which shall apply only to the Transponder used to provide the illegal Programming Service; and provided further, however, that if, upon receipt of the Denial of access Notice from HNS, user does not immediately cease transmission of such Illegal Programming Service, then HNS shall have the right to take such steps as they deem necessary to prevent user from accessing the Transponder used to transmit such Illegal Programming Service (and if, thereafter, Customer transmits such Illegal Programming Service using any of Customer’s Transponder Capacity, then HNS shall have the immediate right, without further notification, to take such steps as HNS deems necessary to prevent Customer from accessing any of Customer’s Transponder Capacity). As used herein, “user” shall mean Customer and any person to whom Customer transfers all or part of its right to Use Customer’s Transponder Capacity, including without limitation, a sublessee, licensee or assignee.be calculated in accordance with Section 5.2

Appears in 1 contract

Samples: Full Time Transponder Lease Agreement (Impsat Corp)

Right to Deny Access. (a) If Customer violates any provision of this Attachment, and, following notice from HNS, continues to violate any such provision, then in addition to its other rights hereunder, HNS shall have the immediate right to prevent Customer from accessing Customer’s Transponder Capacity to the extent, but only to the extent necessary and for the time necessary to prevent such breach from continuing. b) If, in connection with Using Customer’s Transponder Capacityusing the Lessee Transponders, (i) Customer User (as defined below) is indicted or is otherwise charged as a defendant in a criminal proceeding based upon, or is convicted under under, any Obscenity Obscenity/Content Law or has been found by any Governmental Authority to have violated any such law; (ii) based on any Use User's use of Customer’s Transponder Capacity by Customerthe Transponders, HNS PanAmSat is indicted or otherwise charged as a criminal defendant, or is convicted under any Obscenity law, or becomes the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or any Governmental Authority seeks a cease and desist or other similar order or filing; (iii) A Governmental Communications Authority the FCC has issued an order initiating a proceeding to revoke HNS or the Satellite Operator’s PanAmSat's authorization to operate the Satellite; (iv) HNS PanAmSat obtains a court order pursuant to this Section, Section 10.06(c) or a court or Governmental Authority of competent jurisdiction orders HNS PanAmSat to deny access to user User or orders user User to cease transmission; or; (v) HNS PanAmSat receives written notice (the "Illegal Programming Notice”), written or oral, ") from a Governmental Authority that such authority considers Customer Lessee and/or any other user’s User's programming to be in violation of Obscenity Obscenity/Content Laws (the "Illegal Programming"), and that if HNS PanAmSat does not cease transmitting such Illegal Programming, then HNS PanAmSat and/or its parent or affiliates and/or any of their executives will be indicted or otherwise charged as a criminal defendant, will [***] Filed separately with the Commission pursuant to a request for confidential treatment. become the subject of a criminal proceeding or a governmental action seeking a fine, license revocation or other sanctions, or that such Governmental Authority will seek a cease and desist or other similar order or filing (with HNS PanAmSat being obligated, to the extent permitted by law, to provide Customer Lessee with a copy of such Illegal Programming Notice, if written, or with other verification, including the details thereof, if oral); then, upon written notice from HNS to Customer ; (the “Denial of Access Notice”), which may be oral directed to Customer, Customer shall cease using Customer’s Transponder Capacity, immediately, in the case of a denial of access pursuant to subparagraphs (i), (ii), (iiivi) or (iv) above, or within 24 hours following receipt of such notice, in the case of a denial of access pursuant to subparagraph (v), above; and if user does not voluntarily cease using such capacity at the appropriate time, then HNS shall have PanAmSat has the right to take terminate this Agreement pursuant to Section 10.02 (provided that any notice that would be required for termination under Section 10.02 shall also be given for any such steps as they may deem necessary to prevent user from accessing Customer’s Transponder Capacity. Provided, however, that if user has more than one programming service, then the denial of access access); or (vii) Lessee's signal(s) is being "jammed" by HNS shall apply only to a third party (governmental or otherwise) and such jamming is interfering with the Transponder used to provide use or threatens the illegal Programming Service; and provided further, however, that if, upon receipt health of the Denial of access Notice from HNSSatellite; provided that PanAmSat shall, user does in cooperation with Lessee, use its reasonable efforts through available legal means to cause such jamming to be stopped as soon as possible; provided further that the foregoing shall not immediately cease transmission of such Illegal Programming Service, then HNS shall have the right require either Lessee or PanAmSat to take such steps as they deem necessary to prevent user from accessing the Transponder used to transmit such Illegal Programming Service (and if, thereafter, Customer transmits such Illegal Programming Service using institute legal proceedings against any of Customer’s Transponder Capacity, then HNS shall have the immediate right, without further notification, to take such steps as HNS deems necessary to prevent Customer from accessing any of Customer’s Transponder Capacity). As used herein, “user” shall mean Customer and any person to whom Customer transfers all or part of its right to Use Customer’s Transponder Capacity, including without limitation, a sublessee, licensee or assignee.third party;

Appears in 1 contract

Samples: Transponder Lease Agreement (Panamsat Corp /New/)

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