Exhibit 4.8
Amendment 3
AMENDMENT NUMBER 3
TO THE NSS-8 SPACECRAFT AND ASSOCIATED EQUIPMENT AND SERVICES CONTRACT
(NSS-20-03-01)
BETWEEN
NEW SKIES SATELLITES N.V.
AND
BOEING SATELLITE SYSTEMS INTERNATIONAL, INC.
This Amendment Number 3 to the NSS-8 Spacecraft and Associated Equipment and
Services Contract Number NSS-20-03-01 dated and signed on 21 March 2001, as
amended by two contract amendments, dated 15 January 2002 and 12 February 2003,
respectively (as so amended, hereinafter referred to as "the Contract") is made
on this 6 May day of May 2003 by and between
NEW SKIES SATELLITES N.V., a Dutch corporation, with its principal place of
business located at Xxxxxxxxxxxxxxxxxx #0, 0000XX Xxx Xxxxx, Xxx Xxxxxxxxxxx
(hereinafter referred to as "NSS"); and
BOEING SATELLITE SYSTEMS INTERNATIONAL, INC., a Delaware corporation, with its
principal place of business located at 0000 Xxxx Xxxxxxxx Xxxxxxx, Xx Xxxxxxx,
XX, U.S.A., (hereinafter referred to as "Contractor").
WHEREAS: NSS and Contractor have previously entered into the Contract for
provision of the NSS-8 communications satellite and other items, and
Confidential portions omitted and filed separately with the Commission pursuant
to a request for confidential treatment.
WHEREAS: NSS and Contractor have previously incorporated Amendment Number 1 to
the Contract on 15 January 2002 and Amendment Number 2 to the Contract on 12
February 2003, and
WHEREAS: NSS and Contractor have reached agreement to further modify Contract
EXHIBIT A, NSS-8 SPACECRAFT PERFORMANCE SPECIFICATION.
NOW THEREFORE, in consideration of the agreement between the Parties, the
Parties agree that the Contract is amended as follows below:
1. Replace Attachment 1 (G/T), Attachment 2 (EIRP), and Attachment 3
(Service Region Definitions) of the EXHIBIT A, NSS-8 SPACECRAFT
PERFORMANCE SPECIFICATION, Revision B, dated January 2003 with the
revised Attachment 1 (G/T), Attachment 2 (EIRP), and Attachment 3
(Service Region Definitions) of the revised EXHBIT A, NSS-8 SPACECRAFT
PERFORMANCE SPECIFICATION, Revision C, dated April 2003.
2. Revise Articles 2.4.3.1 and 2.4.3.2 of the EXHIBIT A, NSS-8 SPACECRAFT
PERFORMANCE SPECIFICATION, Revision B, dated January 2003 to reflect
the clarified wording contained in Articles 2.4.3.1 and 2.4.3.2 of the
revised EXHIBIT A, NSS-8 SPACECRAFT PERFORMANCE SPECIFICATION,
Revision C, dated April 2003.
The above changes to the EXHIBIT A, NSS-8 SPACECRAFT PERFORMANCE SPECIFICATION,
Revision B, dated January 2003 result in a revised EXHIBIT A, NSS-8 SPACECRAFT
PERFORMANCE SPECIFICATION, Revision C, dated April 2003. The relevant revised
EXHIBIT A is attached and made a part hereof. For clarity and continuity, the
EXHIBIT A pages have been marked "REV C" and "April 2003" in the upper right
hand corner.
This Amendment Number 3 results in no change to the Contract price.
Save as provided for in this Amendment Number 3, the Contract, including all
Exhibits thereto, shall otherwise remain unchanged.
This Amendment Number 3 may be signed in separate counterparts, each of which,
together, will constitute one agreement between the Parties.
IN WITNESS WHEREOF, this Amendment Number 3 has been duly executed by the
Parties on the date stated above.
NEW SKIES SATELLITES N.V.
By: /s/ Xxxxx X. Argyle
-------------------------------------
Xxxxx X. Argyle
-------------------------------------
Title: VP - Space Segment Technology Division
-------------------------------------
BOEING SATELLITE SYSTEMS INTERNATIONAL, INC.
By: /s/ Xxxxxx X. Xxxxxx
-------------------------------------
Xxxxxx X Xxxxxx
-------------------------------------
Title: Contracts Manager
-------------------------------------
Logo Propietary Information Rev C - April 2001
EXHIBIT A NSS-8
SPACECRAFT PERFORMANCE SPECIFICATION
APRIL, 2003
REVISION C
----------------------------------------- ------------------
Approved by Boeing Satellite Systems Date
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Approved by New Skies Satellites Date
NOTICE: This document is confidential and governed by Non-Disclosure Agreements
as well as all applicable laws. It is not to be reproduced, retransmitted,
excerpted, or otherwise provided to a third party, in part or in whole, without
the expressed written authorization of New Skies Satellites, N.V.
Entire Exhibit Redacted pursuant
to U.S. International Traffic in Arms
Regulation (ITAR), 22 CFR
120-130
