FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS [***]. TWENTY-FIFTH AMENDMENT TO AGREEMENT 319-I
Exhibit 4.52
FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS [***].
TWENTY-FIFTH AMENDMENT TO
THIS TWENTY-FIFTH AMENDMENT TO AGREEMENT NUMBER 319-I IS ENTERED INTO THIS 8TH DAY OF JANUARY, 2013 (THE “EXECUTION DATE”), BY AND BETWEEN XXXXXX NETWORK SYSTEMS, LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE WHICH SHALL HEREINAFTER BE REFERED AS THE “CLIENT”, SUCCESSOR IN INTEREST TO XXXXXX NETWORK SYSTEMS, A DIVISION OF XXXXXX ELECTRONICS CORPORATION, AND AS THE OTHER PARTY SATELITES MEXICANOS, S.A. DE C.V., WHICH SHALL HEREINAFTER BE REFERED AS “SATMEX”, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF MEXICO (TOGETHER REFERRED AS THE “PARTIES”) PURSUANT TO THE FOLLOWING:
W I T N E S S E T H
WHEREAS, on January 20, 2000, SATMEX and XXXXXX ELECTRONICS CORPORATION, through the CLIENT, executed the agreement number 319-I, hereinafter the “Agreement”;
WHEREAS, up to the Execution Date, the Parties have executed Twenty Four Amendments to the Agreement in order to modify the terms and conditions of the satellite capacity provided by SATMEX to the CLIENT.
NOW THEREFORE, in consideration of the foregoing and mutual covenants contained in this Twenty-Fourth Amendment, the Parties agree as follows:
A G R E E M E N T
FIRST. The Parties agree to [***] of satellite capacity in Satmex 6 satellite, in accordance with the following schedule:
a) From the Execution Date the satellite capacity in transponder [***] will be [***].
b) From [***], the satellite capacity in transponder [***] will be [***].
c) From [***], the satellite capacity of [***] in transponder [***] will be moved to transponder [***].
As result of such modifications, from [***]: (i) the CLIENT will not have satellite capacity contracted within transponder [***]; and, (ii) the CLIENT will have a total amount of [***] of satellite capacity in transponder [***].
Consequently, the total contracted capacity after the modifications considered in this Twenty-Fifth Amendment is [***], with a total monthly payment of USD$[***]
Therefore, the transponders related to the fixed capacity and CAPACITY COMMITMENT are as follow:
FIXED CAPACITY
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Band |
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Bandwith |
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Satellite |
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Region |
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Txdr |
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MHz |
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Term |
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Satmex 6 |
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[***] |
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[***] |
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[***] |
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[***] |
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[***] |
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[***] |
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[***] |
CAPACITY COMMITMENT
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Bandwith |
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Satellite |
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Band |
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Txdr |
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MHz |
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Term |
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Satmex 5 |
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[***] |
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[***] |
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[***] |
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[***] |
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Satmex 6 |
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[***] |
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[***] |
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[***] |
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SECOND. The Parties agree that the term of this Twenty-Fifth Amendment commence from the Execution Date and shall terminate in accordance with the terms and conditions set forth in the Seventeenth Amendment.
CONFIDENTIAL
THIRD. All notices to be provided under the Amendments and/or the Agreement shall be in accordance with the terms and conditions set forth in the Seventeenth Amendment.
FOURTH. This Twenty-Fifth Amendment, the underlying commercial relationship between the Parties, and all collateral matters relating thereto, shall be governed by, and construed in accordance with Section 33 of the Agreement.
FIFTH. Except as specifically amended hereby, the terms and conditions of the Agreement and its past Amendments, shall remain in full force and effect in accordance with its terms.
This Twenty-Fifth Amendment is signed in counterparts, one copy remaining in possession of each Party, as of the Execution Date first written above.
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FOR THE CLIENT |
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FOR SATMEX |
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XXXXXX NETWORK SYSTEMS |
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SATÉLITES MEXICANOS, S.A. DE C.V. |
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/s/ Xxxxxx X. X’Xxxxx |
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/s/ Xxxxxxxx X. Northland |
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XXXXXX X. X’XXXXX |
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XXXXXXXX X. NORTHLAND |
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VICE PRESIDENT |
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GENERAL DIRECTOR |
