Common use of Total Loss or Partial Loss Not Attributable to Boeing Clause in Contracts

Total Loss or Partial Loss Not Attributable to Boeing. If, after Intentional Ignition of the Launch Vehicle, the Satellite is determined to be a Total Loss or not a Successfully Launched Satellite, or if a Partial Loss has occurred (unless and to the extent of a Terminated Ignition as provided in Article 12.1 (Satellite) and, in any such case, due to causes not attributable to Boeing, including but not limited to damage from orbital debris, Acts of God, acts of war, damage caused by launch, or terrorist or sabotage events, Boeing shall be entitled to retain the corresponding amount of the Capacity OPI and Redundancy OPI and shall not be subject to any loss might have otherwise been lost pursuant to this Article 11 (Orbital Performance Incentives).

Appears in 4 contracts

Samples: Commercial Satellite Delivery Contract (Satelites Mexicanos Sa De Cv), Commercial Satellite Delivery Contract (Satelites Mexicanos Sa De Cv), Commercial Satellite Delivery Contract (Satelites Mexicanos Sa De Cv)

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