Exhibit 10.15.8
Confidential - Arianespace Proprietary
This Side Letter #2 to the Launch Services Agreement 95.5.933 between the
Parties is entered into between:
ARIANESPACE S.A., a company organized under the laws of France and having its
principal office at Xxxxxxxxx xx x'Xxxxxx, 00000 XXXX, Xxxxxx.
AND
PanAmSat Corporation a company organized under the laws of the State of Delaware
with principal offices located at One Pickwick Plaza, Greenwich, Connecticut,
U.S.A. (hereinafter referred to as "PanAmSat Corporation")
and
PanAmSat International a company organized under the laws of the State of
Delaware with principal offices located at One Pickwick Plaza, Greenwich,
Connecticut, U.S.A. (hereinafter referred to as "PanAmSat International")
Reference is made to Amendment #1 to the Side Letter to Launch Services
Agreement 95.5.933 executed between PanAmSat Corporation and ARIANESPACE on
December 20, 1995, for the Launch of PanAmSat Satellites (said Agreement being
hereinafter referred to as the "Agreement" and the Launches covered under said
Agreement being hereafter referred to as the Launches and said Amendment #1 to
the Side Letter dated 8 January 1998 being hereinafter referred to as "Side
Letter #1"). All capitalized terms herein shall have the same meaning as under
the Agreement.
On this day, the Parties have entered into Amendment #4 to the Agreement in
order to add a Firm Launch #3 to the Agreement.
The Parties agree that the conditions listed hereafter shall be applicable
notwithstanding the terms of the Agreement or of the Side Letter #1. Unless
otherwise indicated, words defined under the Agreement shall have the same
meaning in the present Side Letter.
I. Launch Slots of PAS 7 and 6B under the MLSA
The Parties recognize that although the PAS 7 Launch and the PAS 6B Launch are
both allocated Launch Slots in October 1998, only one of these two Launches may
take place during the same calendar month.
In view of the delays in the manufacturing of PAS 7 which have lead to
subsequent reschedulings of the Launch Slot, it is the intention of the Parties
to Launch these two Satellites as soon as possible taking into consideration the
date of availability of the Satellites and the available Launch Opportunities.
Both Parties shall therefore consult regularly on Launch Opportunities and the
date of availability of the Satellites and shall use their best efforts in order
to accelerate either Launch to a Launch Slot beginning prior to 1 October 1998.
More specifically, no later than 15 April 1998, the Parties will explore the
possibility of accelerating either one of these two Launches under the
provisions of Paragraph 11.5. of the MLSA to a Launch Slot in August 1998 (as
previously foreseen for PAS 7 prior to Satellite manufacturing delays) in order
to leave the October Launch Slot available for the other Launch.
Should these efforts fail, the Parties shall meet no later than 15 June 1998 in
order to discuss the progress of the manufacturing of the PAS 6B and 7
Satellites. The Launch Slot will be attributed to the Satellite designated by
PanAmSat International among these two Satellites no later than 1 July 1998. The
other Launch will automatically be rescheduled by mutual agreement of the
Parties to a Launch Slot extending from 1 December 1998 up to and including 31
December 1998, or, if possible to an earlier Launch Slot taking into
consideration the date of availability of the Satellites and the available
Launch Opportunities.
ARTICLE 2
SPECIAL PROVISIONS FOR FIRM LAUNCH #3
The provisions of Articles I. to IV. of the Side Letter #1 shall not apply to
Firm Launch #3 under the Agreement and said Firm Launch #3 shall not be taken
into consideration for the application of said provisions.
[*******************************************************************************
********************************************************************************
********************************************************************************
********************************************************************]
ARTICLE 3
This Side Letter constitutes an amendment to the Agreement within the meaning of
its Paragraph 20.6 as well as an amendment to the Side Letter #1 and the terms
of this Side Letter shall prevail in the event of any inconsistency with the
terms of the Agreement or with the terms of Side Letter #1. This Side Letter
shall remain confidential and unless indicated expressly otherwise,
authorization to disclose the Agreement shall not include authorization to
disclose this Side Letter.
Executed this 9th day of March, 1998.
FOR ARIANESPACE FOR PANAMSAT CORPORATION
_____________________________________ ____________________________________
FOR PANAMSAT INTERNATIONAL
__________________________________
[***] Filed separately with the Commission pursuant to a request for
confidential treatment.
