Common use of SPACECRAFT WARRANTY Clause in Contracts

SPACECRAFT WARRANTY. 16.1 Contractor warrants that a Spacecraft, upon successful completion of Spacecraft in-plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by acceptance criteria, as defined in Exhibit D. 16.2 HCG shall have the right at any time during the period of this warranty to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.3 This warranty shall start from the date of Preliminary Acceptance of a Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of ************ or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle") of the applicable launch vehicle, whichever is earlier. ******************** ********************************************************************* ********************************************************************* ********************************************************************* *********************************************************** Contractor shall not be liable in Contract or in tort for any incidental, special, contingent, or consequential damages. 16.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort with respect to a Spacecraft after Intentional Ignition (as defined in Paragraph 16.3) of the launch vehicle. 16.5 THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period as stated herein.

SPACECRAFT WARRANTY. 16.1 Contractor warrants that a Spacecraft, upon successful completion of Spacecraft in-in plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by the acceptance criteria, as defined criteria in Exhibit D.Exhibits A-D herein. 16.2 HCG shall have the right at any time during the period of this warranty to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.3 This warranty shall start from the date of Preliminary Acceptance of a Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of [************ ], or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle") of the applicable launch vehicle, whichever is earlier. ******************** ************[********************************************************* ********************************************************************* ********************************************************************* *********************************************************** ] ("Warranty Time Period"). Contractor shall not be liable in Contract or in tort Tort for any incidental, special, contingent, or consequential damages. 16.3 Buyer shall have the right at any time during the Warranty Time Period to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If any time during the Warranty Time Period Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after written notification and authorization from Buyer, Buyer may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort Tort with respect to a Spacecraft after Intentional Ignition (as defined in Paragraph 16.316.2) of the launch vehicle. [***] Filed separately with the Commission pursuant to a request for confidential treatment. 16.5 THIS THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE SPACECRAFT THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE A SPACECRAFT AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period rights of the Buyer during, or the length of, the Warranty Time Period as stated hereinin this Article.

SPACECRAFT WARRANTY. 16.1 Contractor warrants that a Spacecraft, upon successful completion of Spacecraft in-in plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by the acceptance criteria, as defined criteria in Exhibit D.Exhibits A-D herein. 16.2 HCG shall have the right at any time during the period of this warranty to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.3 This warranty shall start from the date of Preliminary Acceptance of a Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of [************ ], or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle") of the applicable launch vehicle, whichever is earlier. [******************** ********************************************************************* ********************************************************************* ********************************************************************* *********************************************************** ] ("Warranty Time Period"). Contractor shall not be liable in Contract or in tort Tort for any incidental, special, contingent, or consequential damages. 16.3 Buyer shall have the right at any time during the Warranty Time Period to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If any time during the Warranty Time Period Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after written notification and authorization from Buyer, Buyer may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort Tort with respect to a Spacecraft after Intentional Ignition (as defined in Paragraph 16.316.2) of the launch vehicle. [***] Filed separately with the Commission pursuant to a request for confidential treatment. 16.5 THIS THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE SPACECRAFT THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE A SPACECRAFT AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period rights of the Buyer during, or the length of, the Warranty Time Period as stated hereinin this Article.

SPACECRAFT WARRANTY. 16.1 Contractor warrants that a the Spacecraft, upon successful completion of Spacecraft in-in plant Tests tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by the applicable acceptance criteria, as defined criteria in Exhibit D.Exhibits A-D herein. 16.2 HCG This warranty shall start from the date of Preliminary Acceptance of the Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of [***], or until the "Intentional Ignition" (defined herein as the Intentional Ignition of any rocket motor on the first stage of the Launch Vehicle) of the applicable Launch Vehicle, whichever is earlier. [***] ("Warranty Time Period"). Contractor shall not be liable in Contract or in Tort for any incidental, special, contingent, or consequential damages. 16.3 Buyer shall have the right at any time during the period of this warranty Warranty Time Period to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If at any time during the Warranty Time Period Contractor fails to correct or replace such defective goods and fails to initiate reasonable PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 55 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. efforts to correct or replace such defective goods within a reasonable period after written notification and authorization from HCGBuyer, HCG Buyer may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.3 This warranty shall start from the date of Preliminary Acceptance of a Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of ************ or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle") of the applicable launch vehicle, whichever is earlier. ******************** ********************************************************************* ********************************************************************* ********************************************************************* *********************************************************** Contractor shall not be liable in Contract or in tort for any incidental, special, contingent, or consequential damages. 16.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort Tort with respect to a the Spacecraft after Intentional Ignition (as defined in Paragraph 16.316.2) of the launch vehicleLaunch Vehicle. 16.5 THIS THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission PURPOSE OR MERCHANTABILITY MERCHANTABILITY, AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE SPACECRAFT THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE A SPACECRAFT AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 56 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period rights of the Buyer during, or the length of, the Warranty Time Period as stated hereinin this Article. PanAmSat and Boeing Property Information Subject to restrictions on Contract title page 57 Buyer _____ Contractor _____ [***] Filed separately with the Commission pursuant to a request for confidential treatment.

SPACECRAFT WARRANTY. 16.1 Contractor warrants that a Spacecraft, upon successful completion of Spacecraft in-plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by acceptance criteria, as defined in Exhibit D. 16.2 HCG shall have the right at any time during the period of this warranty Warranty to reject any goods not conforming to this warranty Warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.3 This warranty Warranty shall start from the date of Preliminary Acceptance of a Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of ************ or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehiclevehicle by the applicable launch provider") of the applicable launch vehicle, whichever is earlier. ******************** ******************* ************************************************************ ********************************************************************* ********************************************************************* *********************************************************** Contractor shall not be liable in Contract or in tort for any incidental, special, contingent, or consequential damages. 16.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort with respect to a Spacecraft after Intentional Ignition (as defined in Paragraph 16.3) of the launch vehicle. 16.5 THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR -22- REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty Warranty time period as stated herein.

SPACECRAFT WARRANTY. 16.1 Contractor warrants that a the Spacecraft, upon successful completion of Spacecraft in-in plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by the acceptance criteria, as defined criteria in Exhibit D.Exhibits A-D herein. 16.2 HCG shall have the right at any time during the period of this warranty to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.3 This warranty shall start from the date of Preliminary Acceptance of a the Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of [***********] or until the "Intentional Ignition" (defined herein as the Intentional Ignition of any rocket motor on the first stage of the Launch Vehicle) of the applicable Launch Vehicle, whichever is earlier. [************ or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle") of the applicable launch vehicle, whichever is earlier. ******************** ********************************************************************* ********************************************************************* ********************************************************************* ************************************************************** **************************************************]("Warranty Time Period"). Contractor shall not be liable in Contract or in tort Tort for any incidental, special, contingent, or consequential damages. 16.3 Buyer shall have the right at any time during the Warranty Time Period to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If any time during the Warranty Time Period Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after written notification and authorization from Buyer, Buyer may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. [***] Filed separately with the Commission pursuant to a request for confidential treatment. 16.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort Tort with respect to a the Spacecraft after Intentional Ignition (as defined in Paragraph 16.316.2) of the launch vehicleLaunch Vehicle. 16.5 THIS THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE SPACECRAFT THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE A SPACECRAFT AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period rights of the Buyer during, or the length of, the Warranty Time Period as stated hereinin this Article.

SPACECRAFT WARRANTY. 16.1 Contractor warrants that a the Spacecraft, upon successful completion of Spacecraft in-in plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by the acceptance criteria, as defined criteria in Exhibit D.Exhibits A-D herein. 16.2 HCG shall have the right at any time during the period of this warranty to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.3 This warranty shall start from the date of Preliminary Acceptance of a the Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of [************ ] or until the "Intentional Ignition Ignition" (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle"Launch Vehicle) of the applicable launch vehicleLaunch Vehicle, whichever is earlier. [*********************** ********************************************************************* ********************************************************************* ********************************************************************* *********************************************************** ] ("Warranty Time Period"). Contractor shall not be liable in Contract or in tort Tort for any incidental, special, contingent, or consequential damages. 16.3 Buyer shall have the right at any time during the Warranty Time Period to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If any time during the Warranty Time Period Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after written notification and authorization from [***]FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. PANAMSAT AND XXXXXX PROPRIETARY INFORMATION SUBJECT TO RESTRICTIONS ON CONTRACT TITLE PAGE Buyer, Buyer may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 16.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort Tort with respect to a the Spacecraft after Intentional Ignition (as defined in Paragraph 16.316.2) of the launch vehicleLaunch Vehicle. 16.5 THIS THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE SPACECRAFT THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE A SPACECRAFT AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period rights of the Buyer during, or the length of, the Warranty Time Period as stated hereinin this Article.

SPACECRAFT WARRANTY. 16.1 15.1 Contractor warrants that a the Spacecraft, upon successful completion of Spacecraft in-in plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by the acceptance criteria, as defined criteria in Exhibit D. 16.2 HCG shall have the right at any time during the period of this warranty to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the priceExhibits A-D herein. 16.3 15.2 This warranty shall start from the date of Preliminary Acceptance of a the Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of [************ ], or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle") of the applicable launch vehicle, whichever is earlier. [******************** ********************************************************************* ********************************************************************* ********************************************************************* *********************************************************** ] ("Warranty Time Period"). Contractor shall not be liable in Contract or in tort Tort for any incidental, special, contingent, or consequential damages. 16.4 15.3 HCG shall have the right at any time during the Warranty Time Period to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If any time during the Warranty Time Period Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after written notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 15.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort Tort with respect to a the Spacecraft after Intentional Ignition (as defined in Paragraph 16.315.2) of the launch vehicle. [***] Filed separately with the Commission pursuant to a request for confidential treatment. 16.5 THIS 15.5 THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE THE SPACECRAFT THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 15.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE SPACECRAFT AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 15.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period rights of the Buyer during, or the length of, the Warranty Time Period as stated hereinin this Article.

SPACECRAFT WARRANTY. 16.1 15.1 Contractor warrants that a the Spacecraft, upon successful completion of Spacecraft in-in plant Tests pursuant to Article 9 herein, shall be free from any defects in material or workmanship and shall conform to the applicable specifications and drawings, as evidenced by the acceptance criteria, as defined criteria in Exhibit D. 16.2 HCG shall have the right at any time during the period of this warranty to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the priceExhibits A-D herein. 16.3 15.2 This warranty shall start from the date of Preliminary Acceptance of a Spacecraft as stated in Article 9 herein, entitled "Inspection and Acceptance," and continue for a period of ************************ or until the Intentional Ignition (defined herein as the "Intentional Ignition of any rocket motor on the first stage of the launch vehicle") of the applicable launch vehicle, whichever is earlier. ******************** ********************************************************************* ********************************************************************* ********************************************************************* *********************************************************** ("Warranty Time Period"). Contractor shall not be liable in Contract or in tort Tort for any incidental, special, contingent, or consequential damages. 16.4 15.3 HCG shall have the right at any time during the Warranty Time Period to reject any goods not conforming to this warranty and require that Contractor, at its expense, correct or replace (at Contractor's option) such goods with conforming goods. If any time during the Warranty Time Period Contractor fails to correct or replace such defective goods and fails to initiate reasonable efforts to correct or replace such defective goods within a reasonable period after written notification and authorization from HCG, HCG may then, by contract or otherwise, correct or replace such defective goods and equitably adjust the price. 15.4 Except as otherwise expressly agreed upon in this Contract, Contractor shall have no liability, or responsibility in Contract or in tort Tort with respect to a Spacecraft after Intentional Ignition (as defined in Paragraph 16.315.2) of the launch vehicle. 16.5 THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR REDACTED . HCG /s/ HEM Galaxy X Acquisition Agreement --------- Executed Copy 3/20/97 Xxxxxx Proprietary HSC /s/ GWC --------- CONFIDENTIAL TREATMENT REQUESTED -------------------------------- REDACTED The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission XXXXXX PROPRIETARY DATA ----------------------- 15.5 THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY AND THE REMEDY PROVIDED HEREIN IS THE SOLE REMEDY FOR FAILURE BY CONTRACTOR TO FURNISH A SATELLITE THAT IS FREE FROM MATERIAL DEFECTS IN MATERIAL OR WORKMANSHIP AS SET FORTH IN PARAGRAPH 16.1 15.1 ABOVE. ALL OTHER WARRANTIES OR CONDITIONS IMPLIED BY ANY OTHER STATUTORY ENACTMENT OR RULE OF LAW WHATSOEVER ARE EXPRESSLY EXCLUDED AND DISCLAIMED. CONTRACTOR AND ITS SUBCONTRACTORS SHALL HAVE NO LIABILITY IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR IN ANY OTHER MANNER WHATSOEVER FOR THE SATELLITE AFTER INTENTIONAL IGNITION OTHER THAN AS EXPRESSLY PROVIDED IN THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS), EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THIS PARAGRAPH 16.5 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT FOR WHATEVER CAUSE. 16.6 15.6 Any limitations on warranties, liability or requests for indemnification from liability for the malfunction of delivered items which are imposed upon the Contractor by its various equipment suppliers shall be passed on directly to Buyer provided, however, nothing therein shall decrease or invalidate the warranty time period rights of the Buyer during, or the length of, the Warranty Time Period as stated herein.in this Article. HCG /s/ HEM Galaxy X Acquisition Agreement --------- Executed Copy 3/20/97 Xxxxxx Proprietary HSC /s/ GWC --------- XXXXXX PROPRIETARY DATA -----------------------