Waivers and Deviations Any Non Clause Samples

Waivers and Deviations Any Non. Conformances prior to Intentional Ignition (or in the case of a Terminated Ignition, prior to Launch) shall require Customer approval. Boeing shall first on a Reasonable Efforts basis, seek to remedy such Non-Conformance by reworking, repairing or replacing such portion of the Work that is Non-Conforming. If Boeing is unable to repair, replace or fix such portion of the Work as required under this Article 7.4 (Waivers and Deviations), then Boeing shall promptly issue to Customer, a corresponding written waiver request, which shall include appropriate detail and description regarding the reasons for such requested waiver. Customer shall consider all Boeing waiver requests in good faith, and to the extent such waiver request does not result in a material degradation of the Satellite’s capabilities or performance requirements, then Customer shall not unreasonably withhold or delay its grant of Boeing’s requested waiver (such waiver grant by Customer, a “Customer Waiver”). Customer shall render a decision on any requested waivers by Boeing within five (5) Business Days. A Customer Waiver shall be deemed granted only if it has been approved in writing by a duly authorized representative of Customer. Each Customer Waiver shall be deemed an amendment to the Satellite Performance Specification or to the applicable provision or Exhibit of this Contract for other Deliverable Items permitting such waiver thereof, or deviation therefrom, effective on or after the date of such approval for such Satellite or Deliverable Item. In the event that the waiver or deviation would result in any material impact to the intended use of the Satellite, Customer and Boeing shall negotiate in good faith an equitable adjustment to the Firm Fixed Price. Waivers or deviations are not required for launched satellites, and Customer’s sole and exclusive remedy for non-compliance after Intentional Ignition shall be pursuant to Article 11 (Orbital Performance Incentives) in which satellite performance shall be measured against the waived specification.