AMENDMENT #5 TO SATELLITE SERVICE AGREEMENT
Exhibit 10.2
AMENDMENT #5 TO SATELLITE SERVICE AGREEMENT
THIS AMENDMENT #5 (“Amendment #5”) to the Satellite Service Agreement for AMC-16 effective as
of February 19, 2004, as amended by Amendment #1 effective as of March 10, 2004, Amendment #2
effective as of April 30, 2004, Amendment #3 effective as of November 19, 2004, and Amendment #4
effective April 6, 2005 (collectively the “Original Agreement”), between SES Americom, Inc., as
agent for SES Americom California, Inc. (for the period prior to the In-Service Date) and SES
Americom Colorado, Inc. (for the period on and after the In-Service Date), on the one hand, and
EchoStar Satellite L.L.C. (“Customer”) ***, on the other hand, is made effective as of June 20,
2005 (the “Amendment #5 Effective Date”). All references to “SES Americom” herein shall include
SES Americom California, Inc., SES Americom Colorado, Inc., and SES Americom, Inc. as agent for
each. Defined terms used in this Amendment #5 have the meanings specified herein or in the
Original Agreement. The Original Agreement as amended by this Amendment #5 is referred to as the
“Agreement”.
SES Americom and Customer agree to amend the Original Agreement in accordance with the terms
and conditions set forth below. ***
(2) General. Except as expressly modified herein, the Original Agreement shall remain in
full force and effect in accordance with its terms and conditions.
*** | Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. |
This Amendment #5 contains the complete and exclusive understanding of the parties with
respect to the subject matter hereof and supersedes all prior negotiations and agreements between
the parties with respect thereto.
ECHOSTAR SATELLITE L.L.C. |
SES AMERICOM, INC., as agent for SES |
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AMERICOM CALIFORNIA, INC. |
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By: EchoStar DBS Corporation, its |
and SES AMERICOM COLORADO, INC. | |||||||||
sole member | ||||||||||
By: | By: | |||||||||
(Signature) | (Signature) | |||||||||
Name:
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Name: | |||||||||
(Typed or Printed Name) | (Typed or Printed Name) | |||||||||
Title:
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Title: | |||||||||
***
*** | Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. |