Satellite Anomalies. At no cost to Purchaser, Contractor shall investigate any Satellite Anomaly in the Satellite delivered on-orbit arising during the life of such Satellite and known to it or as notified in writing by Purchaser and undertake anomaly resolution support services in accordance with Section 2.3.9 (Standard On-Orbit Support) of Exhibit A, Statement of Work. If for any reason any such Satellite Anomaly cannot be or is not corrected (after reasonable efforts to effect a correction) as set forth in the immediately preceding sentence and as a result thereof, such Satellite suffers any loss, Purchaser’s sole and exclusive remedies with respect to such loss and any consequences therefrom shall be those set forth in Articles 13 and 35.2 as applicable, subject to the conditions and limitations of such Articles and in all cases subject to the limitation of liability stated in Article 15.1 above and Article 30. To the extent the occurrence of a Satellite Anomaly is due to causes not attributable to Contractor (including any subcontractor, agent or representative of Contractor), Purchaser shall pay Contractor the Actual Costs reasonably incurred by Contractor associated with such anomaly services, plus a markup of [*], which shall be invoiced and paid pursuant to the provisions of Article 5. To the extent the causes are attributable to Contractor (including any subcontractor, agent or representative of Contractor), such costs shall be borne by Contractor. [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED.
Appears in 2 contracts
Samples: Space Segment Contract (ICO Global Communications (Holdings) LTD), Space Segment Contract (ICO Global Communications (Holdings) LTD)
Satellite Anomalies. At no cost to Purchaser, Contractor shall investigate any Satellite Anomaly in the Satellite delivered on-orbit arising during the in-orbit life of such the Satellite and known to it or as notified in writing by Purchaser and shall undertake anomaly Satellite Anomaly resolution support services in accordance with Section 2.3.9 (Standard On-Orbit Support) 2.5.8.1 of Exhibit A, Statement of Work. If for any reason any such Satellite Anomaly cannot be or is not corrected (after reasonable efforts to effect a correction) as set forth in the immediately preceding sentence and and, as a result thereof, such the Satellite suffers any lossloss or becomes a Total Loss, Purchaser’s sole and exclusive remedies with respect to such loss and any consequences therefrom shall be those set forth in Articles 13 and 35.2 35.2.2 as applicable, subject to the conditions and limitations of such Articles and in all cases subject to the limitation of liability stated in Article 15.1 above and Article 30. To In the extent event that the occurrence of a Satellite Anomaly is due to causes not attributable solely or substantially to Contractor (including any subcontractor, agent or representative of Contractorits subcontractors), Purchaser shall pay Contractor the Actual Costs actual costs reasonably incurred for all services provided by Contractor associated with such anomaly Satellite Anomaly services, plus a markup of [*]ten percent (10%) of such costs, which costs and markup shall be invoiced and paid pursuant to the provisions of Article 5. To the extent the causes are attributable to Contractor (including any subcontractor, agent or representative of Contractor), such costs shall be borne by Contractor. [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED.
Appears in 2 contracts
Samples: Contract for Terrestar 1 (Terrestar Corp), Contract for Terrestar 2 (Terrestar Corp)