CONTRACT NUMBER: 279-1
CONTRACT FOR RENDERING OF THE INTERNATIONAL SERVICE OF SIGNAL CONDUCTION VIA
SATELLITE THROUGH THE MEXICAN SATELLITE SYSTEM ("SISTEMA DE SATELITES
MEXICANOS"), ENTERED INTO BY AND BETWEEN SATELITES MEXICANOS, S.A. DE C.V.,
WHICH SHALL HEREINAFTER BE NAMED "SATMEX", REPRESENTED IN THIS ACT BY XX. XXXXX
XXXXXX XXXXXXXX XXXXXX, IN HIS CAPACITY AS CHIEF EXECUTIVE OFFICER (C.E.O.), AND
AS THE OTHER PARTY BY INTERPACKET GROUP, INC., WHICH SHALL HEREINAFTER BE NAMED
"THE CLIENT", REPRESENTED BY XX. XXXXX XXXXXX, IN HIS STATUS AS LEGAL
REPRESENTATIVE, PURSUANT TO THE FOLLOWING DECLARATIONS AND CLAUSES:
DECLARATIONS
I. "SATMEX" DECLARES:
I.1 That it is a Variable Capital Stock Corporation ("Sociedad Anonima de
Capital Variable"), duly incorporated in accordance with Mexican law.
I.2 That according to the provisions of the Mexican Federal
Telecommunications Law ("Ley Federal de Telecomunicaciones"), and in
the Mexican Regulations of Communication Via Satelite ("Reglamento de
Comunicacion Via Satelite"), occupation of the 109.2 DEG., 113.0 DEG.
and 116.8 DEG. West longitude geostationary orbit positions was
concessioned on behalf of "SATMEX" for exclusive exploitation of the
"C" and "Ku" frequency bands and the rights of transmission and
reception of signals.
I.3 That Xx. Xxxxx Xxxxxx Xxxxxxxx Xxxxxx, Engineer, in his status of
C.E.O., has enough faculties to subscribe this Contract.
I.4 That it meets the technical and economic conditions to take on
commitment of the provision of the service covered by this Contract.
I.5 That its Federal Taxpayer Registration Number is: SME-970626 MK5.
I.6 That Satmex 5 satellite has a useful life time of approximately
fourteen (14) years, six (6) months, starting from September 1st, 1999.
I.7 That for the exercise and fulfillment of the rights and obligations
under its care, derived from entering into this Contract, it indicates
as its address that located on Xxxxxxxxx Xxxxxx Xxxxx Xxxxxxx Xx. 00,
piso 23rd, Colinia Xxxxx xx Xxxxxxxxxxx, X.X. 00000, Xxxxxx Distrito
Federal.
II. "THE CLIENT" DECLARES:
II.1 That it is a Corporation, duly incorporated under the laws of the State
of California, Unites Stated of America.
II.2 That Xx. Xxxxx Xxxxxx, in his status as legal representative has enough
faculties to subscribe this Contract.
II.3 That it is presenting a certified and a simple copy of the
documentation indicated in the foregoing declarations.
II.4 That any modification on its firm name and/or the power of attorney
granted to its legal representative, shall be reported to "SATMEX" in
writing and in a timely fashion.
II.5 That it complies with the applicable legislation in the countries
comprised within Continental region of the Satmex 5 satellite where the
service shall operate, and that it has obtained the necessary
authorization or authorizations from the corresponding regulating
institutions, to install, operate or exploit the transmitting and/or
receiving ground station or stations.
II.6 That it accepts the General Conditions of service Supply of Conduction
of Signals Via Satellite through the Mexican Satellite System, issued
by "SATMEX" (Annex I), as well as the Technical Annex (Annex II),
which, duly signed by the parties, are added to this Contract, to form
an integral part of same.
II.7 That it is acquainted with the established legal framework, in the
Mexican and international settings, to which rendering of the service
subject matter of this Contract is subject, and is bound to use the
service rendered by "SATMEX" to cover its communication needs within
that legal framework.
II.8 That it indicates as its address, for effects of this Contract, that
located at on 0000 Xxxx Xxxxxx 0xx xxxxx, Xxxxx Xxxxxx 00000
California, United States of America.
After having effected the foregoing declarations, the parties agree to enter
into a Contract and bind themselves pursuant to the following:
CLAUSES
FIRST. "SATMEX" is bound to provide to "THE CLIENT" the international
service of signal conduction via satellite, through the
Mexican Satellite System, by means of the space segment
assignation in the category of Non-Preemptible service, on the
C band, 3C, 15C and 19C transponders, of the Continental
region, of the Satmex 5 satellite, with a bandwidth of 108.00
MHz, according to the terms, conditions, and technical, legal
and tariff modalities contained in this Contract and its
Annexes.
"THE CLIENT" accepts that "SATMEX" will only provide the
services object of this contract in those regions covered by
Satmex 5 satellite and in the countries where "SATMEX" have
the correspondent permits, authorizations and concessions to
provide private services through the Mexican Satellites
System.
SECOND. "SATMEX" shall assign to "THE CLIENT" the satellite access
frequencies and their respective operation parameters, on the
basis of the link calculations previously presented by "THE
CLIENT" to "SATMEX" for each transmission and/or reception
carrier on which the ground stations that form part of its
network shall access.
"SATMEX" may modify the frequencies assigned to "THE CLIENT"
for justified reasons or optimization movements of the space
segment on the corresponding satellite, for which it shall
give "THE CLIENT" timely written notice of the respective
modifications. "THE CLIENT" is bound to carry out location
changes and release the preceding frequencies within the term
jointly agreed.
The satellite, band, coverage region, transponder,
polarization, link points, satellite frequencies, operation
parameters, location of the ground stations, antenna
diameters, are described in Annex II, which shall be updated
as "THE CLIENT" requests from "SATMEX" modifications or
enlargements on the service Contracted; in such case, the
parties shall subscribe the respective Agreement.
THIRD. "THE CLIENT" is bound to notify "SATMEX" in writing the
name(s), position(s), address(es), telephone number(s) and fax
number(s) of the technically responsible person(s) in charge
of its company's satellite network, at the latest within the
first five (5) working days following the signature hereof, or
when said responsible persons are changed.
FOURTH. "SATMEX" shall deliver the satellite access frequencies and
its operation parameters to "THE CLIENT", in writing, at the
time this Contract is signed.
FIFTH. The ground station(s) through which the service is provided
shall satisfy the technical specifications and features set
forth by "SATMEX" to operate with the Mexican Satellite
System, and shall fulfill among others, recommendation ITU-R.
S.580-5 and operate with agile and fractionary step frequency
synthesizers. The above shall be described in the technical
memory of the network delivered by "THE CLIENT" to "SATMEX."
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SIXTH. The invoicing of the service shall begin as of the date this
Contract is signed.
SEVENTH. "SATMEX" shall send to the address declared by "THE CLIENT"
the monthly invoice of the service Contracted, within the
first five (5) working days of each month, which shall be sent
per month in advance.
In case "THE CLIENT" does not receive the invoice at its
address in a timely manner, the latter shall notify this to
the "SATMEX" collection area and effect the corresponding
payment.
EIGHTH. If "THE CLIENT" is not in agreement with any invoice, it shall
immediately present its application for clarification and/or
adjustment, in writing, to "SATMEX", explaining the reasons
and grounds for its disagreement. Such event does not exempt
"THE CLIENT" of its payment obligation.
NINTH. "THE CLIENT" shall guarantee to "SATMEX" fulfillment of the Contract by
means of a cash deposit in [***]. "THE CLIENT" is bound to
deliver to "SATMEX" proof of deposit at the time this Contract
is signed.
"SATMEX" is in agreement to review payment puntuality and
overall credit history. If "THE CLIENT" upon six (6)
consecutive months of timely payments, "SATMEX" will return
one-half of the deposit [***]. Upon an additional six (6)
consecutive months of timely payments, "SATMEX" will return
the remainder of the deposit [***] to "THE CLIENT"
"SATMEX" may pay "THE CLIENT" an annual interest rate of 3.0%,
of the deposit subject to history of monthly payments due and
received no later than the fifteenth (15th) day of each month.
The payment of said interest will take place at year end of
each calendar year.
"SATMEX" may dispose of such deposit, in the moment "THE
CLIENT" does not pay one monthly xxxx of the service, up to
the due amount plus the generated moratory interests.
Said deposit shall be returned to "THE CLIENT" at the end of
the term in force of this Contract, if the latter is updated
with its payments.
TENTH. "THE CLIENT" is bound to pay to "SATMEX" for the service subject matter
of this Contract, the total amount of [***], in monthly
payments in advance of [***].
"THE CLIENT" is bound to make payments in a timely manner, at
the latest on the fifteenth (15th) day of each month. If "THE
CLIENT" ceases to cover one (1) monthly payment, the service
shall be suspended. As the case may be, for reactivation, "THE
CLIENT" shall cover previously the indebtedness, moratory
interest and reconnection charges.
The parties agree that each of them shall pay the taxes and
tariffs generated under their care, according to the legal
ordinances in force in their respective countries.
When "THE CLIENT" ceases to cover more than one (1) monthly
payment, "SATMEX" may assign the capacity to another
interested party.
ELEVENTH. Moratory interest shall be calculated on the basis of the rate
resulting from adding three (3) times the Prime Rate, issued
by the New York Citibank, proportionately to the days of delay
in payment, divided into twelve (12) months, on unpaid
balances of the amounts owed monthly.
Said interest shall be applied as of the day following the
payment expiration date and until the same is received by
"SATMEX."
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[***] Confidential treatment has been requested for the bracketed portions. The
confidential redacted portion has been omitted and filed separately with the
Securities and Exchange Commission.
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TWELFTH: "SATMEX" shall only be liable, for compensation effects, for
dolus, for service interruptions in the part corresponding to
the space segment, facilities or equipment owned by it, but in
no case for acts of god or force majeure. "SATMEX's"
responsibility, shall in no case, exceed the amount of the
guarantee given by "THE CLIENT".
In case of service supply interruption, "THE CLIENT" shall
inform this immediately to the "SATMEX" Satellite Control
Center ("Centro de Control Satelital") in order for the reason
to be determined, the failure corrected, and the service
reestablished. Likewise, it shall notify "SATMEX" in writing
so that, as the case may be and on the basis of the Control
Center's technical report, the corresponding compensation is
made to it, in accordance with the stipulations of article 18
of Annex I.
When it is necessary to provide maintenance to its facilities
or equipment, among others, "SATMEX" may interrupt the
service. in coordination with "THE CLIENT", and the latter
shall not be entitled to any compensation. In any case,
"SATMEX" shall make its best efforts so that said
interruptions cause the least possible damage to "THE CLIENT"
If service interruptions arises, derived from operation of the
ground stations through which the service is provided, which
stations are not authorized or technically approved and are
causing interferences, "SATMEX" shall not be bound to grant
compensations.
THIRTEENTH. The term of this Contract counted from the date it is signed
and will conclude on August 31st, 2010.
FOURTEENTH. "THE CLIENT" may cancel part of the capacity contracted or
terminate this Contract, notifying this to "SATMEX", in
writing, at least thirty (30) working days in advance. In such
case, the cancellation or termination date shall be referred
to a calendar month (last day of the month).
In case it is "THE CLIENT" that cancels part of the capacity
contracted or terminates this Contract before the end of the
term in force indicated in CLAUSE THIRTEENTH, the latter shall
pay to "SATMEX", in one single payment and before the date
notified by "THE CLIENT" has elapsed, the amount resulting
from the tariff corresponding on a monthly basis to Contracts
at one (1) year, for each month remaining to conclude the time
period originally agreed upon, not to exceed twelve (12
months.
In the assumption of partial cancellation, the aforementioned
payment shall be applied to the capacity affected.
Advance cancellation or termination of a service does not
release "THE CLIENT" from previous indebtedness or moratory
interest.
"SATMEX" reserves the right to assign the satellite capacity
released due to advance cancellation or termination to another
interested party, as of the day following the termination or
cancellation date.
FIFTEENTH. "SATMEX" may rescind this Contract for any of the following
reasons:
I. For any type of transmission of the rights
and/or obligations derived from this Contract,
made by "THE CLIENT" to third parties, without
having prior written authorization from
"SATMEX."
II. If "THE CLIENT" does not pay more than one (1)
monthly invoice of the service or for three (3)
suspensions of same in the term of one (1)
year.
III. If "THE CLIENT" does not adjust to satellite
access parameters indicated by "SATMEX."
IV. If "THE CLIENT" does not attend appropriately
and/or carry out the necessary adjustments on
the generated signals on their equipments that
cause or may cause affectations to third
parties.
V. If "THE CLIENT" does not grant or maintain the
guarantee mentioned in CLAUSE NINTH in time and
form.
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VI. For dissolution or liquidation of "THE CLIENT",
or if it is declared in bankruptcy or
suspension of payments, or if it is in any of
the cases stipulated in Article 2nd of the
Mexican Law of Bankruptcy and Suspension of
Payments ("Ley de Quiebras y Suspension de
Pagos").
VII. If "THE CLIENT" decides not to accept the
relocation assigned to it by "SATMEX" in its
satellites.
VIII. In general, because "THE CLIENT" does not
fulfill any of the obligations derived from
this Contract, as well as its Annexes.
SIXTEENTH. If "THE CLIENT" incurres in any of the causes of rescission
indicated in the preceding clause, "SATMEX" shall communicate
this in writing so that in a maximum term of fifteen (15)
calendar days, "THE CLIENT" amends the breach of its
obligation. If after said term has elapsed "THE CLIENT" has
not amend the breach of its obligation, "SATMEX" may rescind
this Contract, without a court order.
In case "SATMEX" rescinds this Contract, "THE CLIENT" is bound
to perform the payment referred to in CLAUSE FOURTEENTH and
release the satellite capacity mentioned in CLAUSE FIRST; in
such case, "SATMEX" shall have the possibility to relocate
such capacity immediately.
SEVENTEENTH. "SATMEX" shall not incur any liability whatsoever for damages
suffered by "THE CLIENT" or third parties, in a specific but
not limiting manner, for delay in delivery, deficient
functioning or failures that might appear in the space segment
subject matter of this Contract, as well as service
interruptions in the part corresponding to the space segment
or equipment owned by it, derived from act of God or force
majeure.
EIGHTEENTH. Both parties are bound to maintain all of the information and
documentation exchanged between them, by virtue of the
fulfillment and execution of this Contract, as strictly
confidential, except: (i) if same is requested by a judicial
or administrative authority and/or (ii) if said information is
deemed to be of public knowledge.
The parties may use the confidential information only by means
of prior written consent from the other party.
NINETEENTH. This contract only covers the service provided by "SATMEX",
"THE CLIENT" being committed to obtain the authorization or
permit/license, whose granting is a faculty of the
corresponding governing bodies at the site of the ground
station(s), on its own behalf. In the event of the obtaining
of permits, licenses or other authorizations in the Andean
region, which consists of Bolivia, Colombia, Ecuador, Peru and
Venezuela, "THE CLIENT" shall file as a satellite provider
"Andesat via Satmex".
TWENTIETH: In case of controversy regarding the fulfillment, contents,
construction and scope of the obligations in this Contract,
the parties submit to the indications of the ordinance in
force for the Federal District and the jurisdiction and
competence of the Courts of Mexico City, thus waiving their
right to the jurisdiction that might correspond to them due to
their present or future address or for any other reason. The
official language for these purposes is Spanish.
This Contract is signed in two copies, one copy remaining in possession of
either party, in Mexico City, as of September 1st, 1999.
FOR "SATMEX" FOR "THE CLIENT"
/s/Xxxxx X. Xxxxxxxx Xxxxxx /s/Xxxxx Xxxxxx
-------------------------------------- --------------------------------
XX. XXXXX XXXXXXXX XXXXXX XX. XXXXX XXXXXX
C.E.O. LEGAL REPRESENTATIVE
5
ANNEX I
CLIENT: INTERPACKET GROUP, INC.
CONTRACT NUMBER: 279-1
GENERAL PROVISION CONDITIONS OF THE SATELLITE SIGNAL
CARRYING PERMANENT SERVICE THROUGH THE MEXICAN SATELLITE SYSTEM
GENERAL PROVISIONS.
1. The service to be provided by SATMEX consists of the
carrying of signals by satellite on the C and Ku bands of
the Mexican Satellite System, abiding by the provisions of
the Concession Title, the Mexican Federal Law on
Telecommunications, the Satellite Communication
Regulations, the Mexican Federal Law on Radio and
Television and its Regulations, the Constitution and
Agreement of the UTI, the International Telecommunications
Regulations, International Treaties and Agreements on the
matter approved by the Senate of the Republic and any
other administrative provisions on the matter.
2. The definitions of the technical terms used in the
contracts and/or agreements, should be understood
according to the documents already indicated in the above
paragraph, the definitions that may be issued by the
Telecommunications, Radio communications and Development
Standardization Sectors of the UTI, as well as the
correspondent Glossary of Terms of the Federal
Telecommunications Commission and/or of
Telecommunicaciones de Mexico.
3. THE CLIENT shall be responsible for obtaining and
possessing the necessary concessions, permits, licenses or
authorizations from the Mexican Federal Government or from
the authorities on the matter in each country to by
linked.
PROVISION.
4. The permanent service shall be provided based two
categories, according to their continuity priority in case
of contingency or partial or total failure of the assigned
satellite, these being:
NON-PREEMPTIBLE SERVICE - Is the one whose transponder has
back-up amplifiers and is not interrupted to give priority
to a protected service, but does not possess, in the case
of fault, immediate protection in another transponder or
satellite.
INTERRUPTIBLE SERVICE - Is the one subject to be required
at any time due to being used to provide immediate
protection to a protected service and even to a
Non-Preemptible service, due to the latter being
considered as priorities. During normal operation, the
transponder possesses backup transponders.
Protected Service shall be provided only for the State
satellite capacity; and it is used for national security
and social benefit services, and has maximum priority over
any service category, in case of contingency.
Each category of the permanent service has a different
tariff, which is defined in Annex II of the respective
contract.
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5. The space segment by which the service is provided shall be assigned
based on the carriers of information and transmission for standardized
integrated velocities, for complete transponders or fractions of band
widths and/or transponder power, measured in Megahertz (MHz) and
decibel Xxxxx (dBw), respectively.
6. THE CLIENT, when contracting the service, must deliver a technical
specifications sheet describing the network, its topology, the ground
stations and their equipment, the satellite access technique, the
required capacity and link calculation for each carrier, according to
the format which shall be previously given
thereto by SATMEX.
7. The frequency synthesizers of THE CLIENT's ground stations must be
efficient and steeped in kilohertz. The operation of equipment for
crystal-syntonized frequencies or with tuning limitations are not
acceptable, as this prevents the relocation of the service in case of
interference and may also lead to greater
consumption of band width, charged to THE CLIENT.
8. The responsible technicians appointed by THE CLIENT to operate the
ground stations of its satellite network, must not exceed the nominal
satellite access parameters assigned to each carrier. The personnel of
the primary or Alternate Satellite Control Center of SATMEX, when
detecting excesses, shall immediately coordinate the necessary
rectifications with the manager of the ground station or the network.
In the case that THE CLIENT does not make the necessary rectifications
or deactivation of the carriers that operate out of the parameters, it
shall be charged economic penalties for the use of excess power or
bandwidth, or for the damages caused to other clients.
The economic penalty shall be for the amount resulting from applying
the highest tariff for the affected bandwidth and/or power, and also,
in such case, the economic compensations amounts that SATMEX gives to
an afected client(s). The payment of such penalties does not imply
authorization to continue operating the service out of the assigned
access parameters.
If THE CLIENT, for reliability in its link(s), requires operation with
a higher satellite power level, it may request (with link calculations)
that SATMEX authorize it, if such possibility exists, applying the
corresponding adjustments in the xxxx.
9. THE CLIENT, prior to accessing the satellite, must coordinate the
necessary technical testing of their ground stations with the Primary
or Alternate Satellite Control Center, according to the procedure and
protocol established by SATMEX.
10. The ground stations which do not meet the insulation tests, radiation
pattern or other parameter which affects or may affect other signals or
satellites, may not be authorized to operate with the satellites until
they have been corrected, without this implying any responsibility for
SATMEX.
Additionally, if an already tested ground station starts to produce
interference with other signals during its operation, it must suspend
its access to the satellite until the complete rectification of such
interference. In this case, THE CLIENT must provide every facility, so
that jointly with the Primary or Alternate Control Center, do whatever
proceeds to help it to eliminate the interference.
In the case that the manager(s) of the ground station(s) through which
the service is run does/do not comply with the indications of the
Primary or Alternate Satellite Control Center of SATMEX in a timely
fashion, to correct or deactivate the ground station which is producing
the interference. THE CLIENT shall pay SATMEX a fine equivalent to one
percent (1%) of the monthly tariff for each hour or fraction for the
delay plus the equivalent of the compensations SATMEX would have to pay
to other clients as a consequence of said interference.
THE CLIENT is committed to supervise the operating status of the ground
stations and to make sure that these do not produce interference to
their own signals, other clients signals or other satellites.
11. When a client's signals are affected by interference whose origin in
unknown or undetermined which does not allow its immediate
rectification, THE CLIENT shall have the option to be relocated, as
soon as possible, to a free space so as to provide its communications
with continuity.
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This must be immediately reported to the monitoring areas of the
Primary or Alternate Satellite Control Center of SATMEX, so that in
coordination with the assignations area, it may attend and aid in the
relocation activities. As the case may be, SATMEX shall notify THE
CLIENT of the new frequencies and operating parameters, be they
temporary or definitive.
The costs incurred as a result of relocating the frequencies of the
ground stations shall be paid by THE CLIENT.
12. Any modification to the service or change of location of the ground
stations must be requested from SATMEX at least thirty (30) working
days in advance, including the complement to the technical
specifications sheet and the link calculations for the modified
carriers or new sites.
THE CLIENT must not make modifications to the service without prior
coordination with SATMEX.
CONTRACTING.
13. To contract the service, THE CLIENT must possess a public network
concession or permit, of the type envisaged in Articles 24 and 31 of
the Mexican Federal Law on Telecommunications, respectively and
pursuant to the provisions of the Satellite Communication Regulations.
The obtention of such permits shall be the responsibility of and at the
cost of THE CLIENT. A copy of this document must be presented to
SATMEX.
BILLING.
14. When the magnitude of any of the concepts used as the basis for the
application of the tariff results in fractions greater than those
established in the same, these shall be converted into unit, decimal or
centesimal values, rounded up to the nearest higher number, as
corresponds.
15. The invoices for the concept of the provision of permanent services
shall be formulated for periods that correspond to one calendar month,
except when the start of the service is on a day in the middle of the
month, in which case the initial invoice shall be formulated for the
amount corresponding to the number of days remaining for the conclusion
of such month in which the service is provided.
16. THE CLIENT shall pay the invoices under its charge, at the latest in
the date established in the correspondent invoice and in the same
currency as shown in such documents. THE CLIENT shall have the option
to pay in the banking institutions authorized by SATMEX or by an
electronic bank transfer at SATMEX account at:
Bank: [***]
Domicile: [***]
Account number: [***]
ABA number: [***]
Beneficiary: [***]
COMPENSATIONS.
17. SATMEX shall in no case bear economic responsibility for damages and
injuries caused by the interruptions in the service to THE CLIENT or
third parties.
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[***] Confidential treatment has been requested for the bracketed portions. The
confidential redacted portion has been omitted and filed separately with the
Securities and Exchange Commission.
8
SATMEX shall not grant compensation for the interruptions in the
service derived from the operation of the ground station(s) which are
not technically authorized or approved and which cause interference, or
for the total or partial suspension of an interruptible service due to
providing immediate protection to a
protected or uninterruptible service, which have priority thereover.
The compensations shall be taken into account starting from the date on
which the Satellite Control Center of SATMEX issues the report
confirming the causes that led to the interruption.
18. The interruptions in the provision of the service, imputable to SATMEX,
shall be compensated in the following way:
I. Only shall be compensated continuous interruptions of
three (3) hours. The compensation shall be equal to one
eighth of the billing corresponding to one (1) day. A
fraction of one hour shall be calculated as a complete
hour.
II. SATMEX shall not take into consideration requests for
compensation when the interruption is due to THE CLIENT's
negligence, or a failure of the apparatus and equipment
which are not the property of SATMEX and whose
conservation and operation does not pertain thereto.
III. The compensations, when applicable, shall be credited to
THE CLIENT in the due account for the second and third
months following the month in which the interruption
occurred.
IV. Devolutions shall only be made in those cases in which it
is impossible to apply the compensations to other periods
or services contracted by THE CLIENT.
This Annex is signed in two copies, one copy remaining in possession of each
party, in Mexico City, on September 1st, 1999.
FOR "SATMEX" FOR "THE CLIENT"
/s/Xxxxx X. Xxxxxxxx Xxxxxx /s/Xxxxx Xxxxxx
---------------------------------------- --------------------------------
XX. XXXXX XXXXXXXX XXXXXX XX. XXXXX XXXXXX
C.E.O. LEGAL REPRESENTATIVE
9
ANNEX II
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CLIENT: INTERPACKET GROUP, INC.
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ADDRESS: 000 XXXX XXXXXX 0XX XXXXX, XXXXX XXXXXX
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CITY: CALIFORNIA, UNITED XXXXXX XX XXXXXXX 00000
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CONTRACT: 279-I DATE: SEPTEMBER 1ST, 1999 PERIOD IN USE: ELEVEN (11) YEARS
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REPRESENTED: XX. XXXXX XXXXXX
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TECHNICAL INFORMATION
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NETWORK: POINT-POINT BANDWIDTH: 108 MHz
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EXPLOTATION: PRIVATE NETWORK
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SATELLITE: SATMEX 5 BAND: C SERVICE CATEGORY: NON PREEMPTIBLE
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ORBITAL POSITION: 116.8DEG.W TRANSPONDER: 3C, 15C y 19C
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REGION: CONTINENTAL
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TELEPORT(S): CALIFORNIA, UNITED STATES OF AMERICA
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COST
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TOTAL AMOUNT USD
[***]
MONTHLY COST USD
[***]
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DATE: MEXICO. CITY., AS OF SEPTEMBER 1ST, 1999
FOR "SATMEX" FOR "THE CLIENT"
/s/Xxxxx X. Xxxxxxxx Xxxxxx /s/Xxxxx Xxxxxx
------------------------------------- ---------------------------------
XX. XXXXX XXXXXXXX XXXXXX XX. XXXXX XXXXXX
C.E.O. LEGAL REPRESENTATIVE
---------------
[***] Confidential treatment has been requested for the bracketed portions. The
confidential redacted portion has been omitted and filed separately with the
Securities and Exchange Commission.
10
