Common use of Termination for Removal of Satellite Clause in Contracts

Termination for Removal of Satellite. If, during the Term, the Satellite Operator or HNS, in their reasonable discretion, (1) determines that it is necessary to remove the Satellite from operation and (2) does not elect to provide equivalent replacement capacity to Customer at the same orbital slot as was previously occupied by the Satellite, then it is understood and agreed that upon removing the Satellite from its assigned orbital location, HNS shall have no further obligations to Customer relative to the provision Space Segment under in respect of that Satellite under this Amendment; provided, however, that until the Satellite is removed, HNS shall continue to make available Customer’s Transponder Capacity as provided for herein. HNS will, to the extent possible, provide Customer with ninety (90) days notice prior to the disposition of the Satellite. Upon any termination of this Amendment pursuant to this Section, HNS shall refund to Customer a prorated amount of any prepaid charges for the terminated Transponder Capacity. Except as set forth in the preceding sentence, HNS shall have no liability to Customer upon such termination.

Appears in 3 contracts

Samples: Confidential Treatment (Global Eagle Entertainment Inc.), Confidential Treatment (Global Eagle Entertainment Inc.), Confidential Treatment (Global Eagle Entertainment Inc.)

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Termination for Removal of Satellite. If, during the Term, the Satellite Operator or HNS, in their reasonable sole discretion, (1) determines that it is necessary to remove the Satellite from operation and (2) does not elect to provide equivalent replacement capacity to Customer at the same orbital slot as was previously occupied by the Satellite, then it is understood and agreed that upon removing the Satellite from its assigned orbital location, HNS shall have no further obligations to Customer relative to the provision Space Segment under in respect of that Satellite under this Amendmentthe Agreement; provided, however, that until the Satellite is removed, HNS shall continue to make available Customer’s Transponder Capacity as provided for herein. HNS will, to the extent possible, provide Customer with ninety (90) days days’ notice prior to the disposition of the Satellite. Upon any termination of this Amendment the Agreement pursuant to this Section, HNS shall refund to Customer a prorated amount of any prepaid charges for the terminated Transponder Capacity. Except as set forth in the preceding sentence, HNS shall have no liability to Customer upon such termination.. EXHIBIT B TO AMENDED AND RESTATED MASTER SERVICES AGREEMENT NOC OPERATIONS, MAINTENANCE AND TECHNICAL SUPPORT SERVICE EXHIBIT B

Appears in 1 contract

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

Termination for Removal of Satellite. If, during the Term, the Satellite Operator or HNS, in their reasonable sole discretion, (1) determines that it is necessary to remove the Satellite from operation and (2) does not elect to provide equivalent replacement capacity to Customer at the same orbital slot as was previously occupied by the Satellite, then it is understood and agreed that upon removing the Satellite from its assigned orbital location, HNS shall have no further obligations to Customer relative to the provision Space Segment under in respect of that Satellite under this Amendmentthe MSA ; provided, however, that until the Satellite is removed, HNS shall continue to make available Customer’s Transponder Capacity as provided for herein. HNS will, to the extent possible, provide Customer with ninety (90) days notice prior to the disposition of the Satellite. Upon any termination of this Amendment the MSA pursuant to this Section, HNS shall refund to Customer a prorated amount of any prepaid charges for the terminated Transponder Capacity. Except as set forth in the preceding sentence, HNS shall have no liability to Customer upon such termination.

Appears in 1 contract

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

Termination for Removal of Satellite. If, during the Term, the Satellite Operator or HNS, in their reasonable sole discretion, (1) determines that it is necessary to remove the Satellite from operation and (2) does not elect to provide equivalent replacement capacity to Customer at the same orbital slot as was previously occupied by the Satellite, then it is understood and agreed that upon removing the Satellite from its assigned orbital location, HNS shall have no further obligations to Customer relative to the provision Space Segment under in respect of that Satellite under this Amendmentthe MSA ; provided, however, that until the Satellite is removed, HNS shall continue to make available Customer’s Transponder Capacity as provided for herein. HNS will, to the extent possible, provide Customer with ninety (90) days notice prior to the disposition of the Satellite. Upon any termination of this Amendment the MSA pursuant to this Section, HNS shall refund to Customer a prorated amount of any prepaid charges for the terminated Transponder Capacity. Except as set forth in the preceding sentence, HNS shall have no liability to Customer upon such termination.. ATTACHMENT I

Appears in 1 contract

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

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Termination for Removal of Satellite. If, during the Lease Term, the Satellite Operator or HNSGEAC, in their reasonable its sole discretion, (1a) determines that it is necessary to remove the Satellite from operation and (2ii) does not elect to provide equivalent replacement capacity to Customer at the same orbital slot as was previously occupied by the Satellite, then it is understood and agreed that upon removing the Satellite from its assigned orbital location, HNS shall have no further obligations to Customer relative to under the provision Space Segment under in respect of that Satellite under this AmendmentAgreement; provided, however, that until GEAC so removes the Satellite is removedSatellite, HNS shall continue to make available Customer’s 's Transponder Capacity as provided for hereinin this Agreement. HNS will, to the extent possible, provide Customer with ninety (90) days notice prior to the disposition of the Satellite. Upon any termination of this Amendment Agreement pursuant to this Section, HNS shall refund to Customer a prorated amount of any prepaid charges for the terminated Transponder Capacity. Except as set forth in the preceding sentence, HNS shall have no liability to Customer upon such termination.

Appears in 1 contract

Samples: Sublease Agreement (On Command Corp)

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