Common use of Use of Transponder Spares Clause in Contracts

Use of Transponder Spares. The Satellite contains certain Ku-Band redundant equipment units (individually, a "Transponder Spare"), which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. HCG, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for Lessee's Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy HCG's obligations to Lessee and to other Owners or users of Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that HCG's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If HCG furnishes a Transponder Spare to Lessee as a substitute for an equipment unit that has caused Lessee's Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Lessee's Transponder equipment unit which has been returned shall be made available by HCG, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the Satellite. HCG also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner HCG determines.

Appears in 2 contracts

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

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Use of Transponder Spares. The Satellite contains certain Ku-Band redundant equipment units (individually, a "Transponder Spare"), which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. HCGPanAmSat, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for Lessee's any Lessee Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy HCGPanAmSat's obligations to Lessee and to other Owners or users Users of Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that HCGPanAmSat's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If HCG PanAmSat furnishes a Transponder Spare to Lessee as a substitute for an equipment unit that has caused Lessee's a Lessee Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Lessee's Any Lessee Transponder equipment unit which has been returned shall be made available by HCGPanAmSat, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the Satellite. HCG Lessee agrees and acknowledges that the Transponder Spare redundancy plan of the Satellite may require PanAmSat to reassign certain TWTAs among Transponders to make use of spare equipment. In circumstances in which a Transponder Spare is required to be employed for any Owner and to do so requires a change in the TWTA assigned to Lessee, Lessee shall, on notice from PanAmSat, immediately cease transmitting to the Lessee Transponder using such TWTA to allow such reassignment and for a different TWTA (which must meet or exceed the applicable Transponder Performance specifications) to be assigned to such Lessee Transponder. PanAmSat also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner HCG PanAmSat determines.

Appears in 2 contracts

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

Use of Transponder Spares. The Satellite contains HCG shall cause Galaxy IIIR to contain ------------------------- certain Ku-Band redundant equipment units (collectively, the "Transponder Spares"; individually, a "C-Band Transponder Spare," or a "Ku-Band Transponder Spare"), a C-Band Transponder Spare being as described in Exhibit F) which are designed as substitutes for such equipment units of the same frequency, the failure of which could cause a Galaxy IIIR Transponder to fail to meet the Transponder Performance Specificationsrequisite transponder performance specifications. HCG, as soon as possible and to the extent technically feasible, shall employ a C-Band Transponder Spare in the such Satellite as a substitute for Lessee's Transponder equipment unit that which has caused any Lessee Transponder one of Lessee's Transponders to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder Lessee's Transponders to meet the C-Band Transponder Performance Specifications. To the extent technically feasible, a C-Band Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy HCG's obligations to Lessee and to other Owners or users of C-Band Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that HCG's obligations to provide such Transponder Spares shall continue until such time as all of the C- Band Transponder Spares are committed to use as substitutes for C-Band Transponders which have suffered Confirmed Failures. If HCG furnishes a C-Band Transponder Spare to Lessee as a substitute for an equipment unit that which has caused a Lessee's Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Lessee's Transponder equipment unit which has been returned shall be made available by HCG, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the same Satellite. HCG also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner HCG determines.

Appears in 1 contract

Samples: Transponder Lease Agreement (TVN Entertainment Corp)

Use of Transponder Spares. The Satellite contains HCG shall cause Galaxy V to contain ------------------------- certain Ku-Band redundant equipment units (individually, a "Transponder Spare")) as described in Exhibit G, which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. HCG, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the such Satellite as a substitute for LesseeBuyer's Transponder equipment unit that which has caused any Lessee Transponder one of Buyer's Transponders to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder Buyer's Transponders to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy HCG's warranty obligations to Lessee Buyer and to other Owners or users of Transponders on the Satellite, if any, same satellite which have suffered Confirmed Failures; provided, however, that HCG's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If HCG furnishes a Transponder Spare to Lessee Buyer as a substitute for an equipment unit that which has caused LesseeBuyer's Transponder to suffer a Confirmed Failure, then such Transponder Spare HCG shall become part transfer title and ownership of the Transponder which is leased Spare to Lessee hereunderBuyer, and LesseeBuyer, concurrently, shall no longer have any right return title and ownership of its substituted Transponder equipment unit to lease or otherwise use the failed equipment unitHCG. LesseeBuyer's Transponder equipment unit which has been returned shall be made available by HCG, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders or users on the same Satellite. HCG also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner HCG determines.

Appears in 1 contract

Samples: Transponder Purchase Agreement (Fox Kids Worldwide Inc)

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Use of Transponder Spares. The Satellite contains certain Ku-Band redundant equipment units (individually, a "Transponder Spare"), which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. HCGPanAmSat, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for Lessee's any Lessee Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy HCGPanAmSat's obligations to Lessee and to other Owners or users Users of Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that HCGPanAmSat's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If HCG PanAmSat furnishes a Transponder Spare to Lessee as a substitute for an equipment unit that has caused Lessee's a Lessee Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Lessee's Any Lessee Transponder equipment unit which has been returned shall be made available by HCGPanAmSat, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the Satellite. HCG Lessee agrees and acknowledges that the Transponder Spare redundancy plan of the Satellite may require PanAmSat to reassign certain TWTAs among Transponders to make use of spare equipment. In circumstances in which a [***] Filed separately with the Commission pursuant to a request for confidential treatment. Transponder Spare is required to be employed for any Owner and to do so requires a change in the TWTA assigned to Lessee, Lessee shall, on notice from PanAmSat, immediately cease transmitting to the Lessee Transponder using such TWTA to allow such reassignment and for a different TWTA (which must meet or exceed the applicable Transponder Performance specifications) to be assigned to such Lessee Transponder. PanAmSat also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner HCG PanAmSat determines.

Appears in 1 contract

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

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