User Beam Capacity Failure Sample Clauses

User Beam Capacity Failure. For each of the material performance specifications set forth in Exhibit B to the Satellite Contract that are applicable to any User Beam that comprises the Xxxxxxx Capacity, if any such User Beam fails to meet at least eighty-five percent (85%) of the Minimum Performance Specifications for each such performance specification for that User Beam for more than twenty (20) consecutive Days, or such other period as is mutually agreed upon in writing by LORAL and XXXXXXX (“User Beam Capacity Failure”), then the provisions of this Agreement relative to the affected User Beam and associated Gateway Service only, may be immediately terminated by XXXXXXX by written notice to LORAL delivered on or before the 30th day after the Day on which the User Beam Capacity Failure began. In the event of a User Beam Capacity Failure, if XXXXXXX elects to terminate the provisions of this Agreement relating to the failed User Beam, XXXXXXX’x sole and exclusive remedy shall be: (i) with respect to future payments for the Service after the date of the User Beam Capacity Failure, to have the Monthly Amount then in effect be reduced by one-ninth (1/9th) for each User Beam Capacity Failure and (ii) to have LORAL refund to XXXXXXX within 30 Days of such notice an amount equal to the proportionate amount of all prepayments made under Section 4.3 that are attributable to Service that was to be provided from the failed User Beam after the date of the Satellite Capacity Failure.