Exhibit 10.8.5
Amendment Number 4 to
Launch Services Agreement LKEC-9411-002
This Amendment Number 4 ("the Amendment") entered into as of the date last
written below, by and between PanAmSat Corporation, a Connecticut corporation
and the successor in interest to PanAmSat L.P. ("PanAmSat" or Customer"), and
Lockheed-Khrunichev-Energia International, Inc. ("LKE" or "Contractor"). This
Amendment amends that certain Launch Services Agreement, dated 14 November 1994,
by and between PanAmSat and LKE (the "Agreement"). All capitalized terms used
in this Amendment, unless otherwise specified, have the meanings set forth in
the Agreement.
WHEREAS, PanAmSat and LKE desire to assign the PAS-10 spacecraft Launch C
under the Agreement, in place of the Galaxy IV-R spacecraft previously assigned
to Launch C under the Agreement; and
WHEREAS, PanAmSat and LKE have reached an agreement on the basic terms for
the assignment of the PAS-10 spacecraft to Launch C under the Agreement and
desire to make the appropriate modifications to the Agreement; and
NOW THEREFORE, in consideration of the mutual benefits to be derived, and
for other good and valuable consideration, the receipt of which is hereby
acknowledged, PanAmSat and LKE agree that:
1. Spacecraft The PAS-10 spacecraft will be assigned as the Payload for
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Launch C under the Agreement in place of the previously-assigned Galaxy IV-R
spacecraft.
2. Launch Period Launch C shall be rescheduled to a Launch Slot, in
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accordance with Section 7.2 of the Agreement, of 1 December 2000 through 31
December 2000. This rescheduling of Launch C from the previous Launch Day of
17 March 2000 shall not be attributed to either PanAmSat or LKE for purposes
of determining penalties for delays in accordance with Article 8 or Article
9 of the Agreement, nor for the purpose of determining postponements
attributable to LKE in the event of a termination for cause as allowable
under Article 21 of the Agreement.
3. Reintegration Costs LKE shall be reimbursed up to [***] by PanAmSat for
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actual reintegration costs as a result of the assignment of the PAS-10
spacecraft as the Payload for Launch C in place of the previously-assigned
Galaxy IV-R spacecraft.
4. Payment Schedule for Launch C The Payment schedule set forth in Section
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6.1 of the Agreement is modified with respect to Launch C as follows:
[***]
The payment due dates shown in the table above shall not be postponed for
PanAmSat-requested launch postponements.
5. [***]
6. Execution in Counterparts This Amendment may be executed in several
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counterparts, each of which shall be deemed an original, and all of these
counterparts together shall constitute but on and the same instrument.
[***] Filed separately with the Commission pursuant to a request
confidential treatment.
LKE PROPRIETARY INFORMATION
Each of the parties have duly executed and delivered this Amendment as of
the day and year first written above.
PanAmSat Corporation Lockheed-Khrunichev-Energia
International, Inc.
By: /s/ Xxxxxx X. Xxxxxxxx By: /s/ Xxxxx Xxxxxxxxxx
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Name: Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxxxxxx
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Title: EVP & CTO Title: Manager, Business Operations
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Date: 12.28.99 Date: 12/16/99
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