AMENDMENT XX. 0
XXXXXXXX XX. 000000-X
DIRECT BROADCAST SATELLITE CONTRACT
BETWEEN
UNITED STATES SATELLITE BROADCASTING COMPANY, INC.
AND
LOCKHEED XXXXXX CORPORATION
THIS AMENDMENT NO. 2 is effective April 30, 1997
----------------
WHEREAS, USSB and the Contractor (hereinafter referred to as the "Parties"),
have executed a Letter of Agreement dated April 30, 1997 to extend, for a period
of thirty 30 days beginning in May, 1997, all Delivery Dates and Progress and
Milestones and;
WHEREAS the Parties, recognizing that changes are required in the Contract, have
created this Amendment No. 2;
NOW THEREFORE, in consideration of the promises and mutual covenants
hereinafter contained, agree to the following:
I. In the Terms and Conditions of the subject Contract:
A. In Article 3.B, Price, change the Price for Item 1 and the Total
Contract Price as follows:
ITEM QTY. DESCRIPTION PRICE
1. 1 Spacecraft as defined in Exhibit A
2. 1 Lot Launch and Mission Operation Services
as defined in Exhibit B
3. 1 Lot On-Orbit Flight Operations Services
4. 1 Lot Data and Documentation as defined
in Exhibit B, Table 1
5. -- In-Orbit Incentive Payments
TOTAL CONTRACT PRICE:
*(not separately priced)
B. In Article 4.A, Deliverable Items and Delivery Schedule, change the
Delivery Date as follows:
ITEM DESCRIPTION DELIVERY DATE
1. Spacecraft Twenty-six and one-half (26.5)
months after EDC.
C. In Article 5.A, Progress and Milestone Payments, change the Progress
Payment Plan as follows:
PROGRESS PAYMENT PLAN
PAYMENT NUMBER MONTHLY TOTAL CUMULATIVE TOTAL
DATE ($ IN U.S. MILLIONS) ($ IN U.S. MILLIONS)
1 12/31/96
2 January - '97
3 February
4 March
5 April
6 May
7 June
8 July
9 August
10 September
11 October
12 November
13 December
14 January - '98
15 February
16 March
17 April
18 May
19 June
20 July
21 August
22 September
23 October
24 November
25 December
D. In Article 5.B, Progress and Milestone Payments, change the Payment
Milestone Table as follows:
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PAYMENT MILESTONE TABLE
DUE DATE
MILESTONE (MONTHS VALUE
NUMBER MILESTONE DESCRIPTION AFTER EDC) ($US)
1 Structure Subcontract Issued 4.0
2 System PDR Held 8.5
3 Provide Launch Vehicle services contractor 11.0
with Spacecraft Preliminary Dynamic Model
4 System Critical Design Review Held 13.5
5 90% of System CDR Action Items Completed 14.5
6 Spacecraft Structure Received
(core module/payload panels) 16.0
7 Spacecraft TWTAs Received 16.5
8 Spacecraft Antenna Tests Complete 19.0
9 Satisfactory Completion of Pre-Shipment Review 25.0
E. In Article 9.A.1, Options for Backup Spacecraft, change the Option
Exercise Date and Delivery Date as follows:
PRODUCT OPTION EXERCISE DELIVERY
QUANTITY DESCRIPTION DATE PRICE($) DATE
1 backup spacecraft No Later Than 7 TBD 6 Months After
("Backup Spacecraft") Months After EDC Delivery of the
identical to the Spacecraft Spacecraft
specified in Article 2,
paragraph B
F. In Article 15.A, USSB's Right to Terminate, change the Termination
Schedule as follows:
TERMINATION SCHEDULE
DATE MONTHLY TOTAL CUMULATIVE TOTAL
($ IN US MILLIONS)L ($ IN US MILLIONS)
January 31-1997
February 28
March 31
April 30
May 31
June 30
July 31
August 31
September 30
October 31
November 30
December 31
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January 31-1998
February 28
March 31
April 30
May 31
June 30
July 31
August 31
September 30
October 31
November 30
December 31
January 31-1999
G. In Article 17.C, Taxes and Duties, the second sentence is changed as
follows:
Portions of the Work may include some imported goods. Notwithstanding
the above, in the event any portion of the Work and its included
imported goods are not exported in a timely manner (not more than
three (3) years and one (1) month after EDC) due to USSB's actions or
in actions, any duties, taxes, and penalties arising therefrom will be
USSB's responsibility.
H. In Article 19.A.(1), Termination for Default, change as follows:
(1) final acceptance of the Spacecraft fails to occur on or before a
date that permits the Spacecraft to be launched within the launch
period established by the Launch Vehicle services contractor's launch
manifest, which date shall in no event be earlier than twenty-seven
(27) months after ARO;
I. In Article 19.B, Termination for Default, the first sentence is
changed as follows:
With respect to paragraph A.(1) of this Article 19, USSB agrees to use
commercially reasonable efforts to establish the first day of the
launch period for the Launch Vehicle at twenty-seven (27) months after
ARO.
II. In Exhibit B, USSB-1 Statement of Work, Document No. WS20072997 Revision
New, dated 12/31/96:
A. In Paragraph 3.1, Deliverable Data and Documentation, change Table 1
as follows:
TABLE 1. CONTRACTOR DATA REQUIREMENTS LIST
--------------------------------------------------------------------------------
ITEM REVIEW, WORK
NO. DESCRIPTION APPROVAL, DUE DATE STATEMENT
INFORMATION SECTION
--------------------------------------------------------------------------------
A PROGRAM MANAGEMENT CDRLS
6. Storage and Transportation Plan R 7 months EDC 10.1
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B. Paragraph 3.2.1, Hardware, the second sentence is changed as follows:
The Spacecraft shall be made available to ship January, 1999.
C. Paragraph 3.3, Summary Delivery Schedule, change Table 2 as follows:
TABLE 2. USSB-1 SUMMARY DELIVERY SCHEDULE
------------------------------------------------------
NO. MILESTONE DATE
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1. Spacecraft Preliminary Design Review 8/19/97
2. Spacecraft Critical Design Review 2/17/98
3. TRAINING TBD
4. Pre-Shipment Review 1/19/99
5. Spacecraft Available to Ship 1/31/99
6. Launch Readiness Review TBD
7. Launch TBD
8. In Orbit Test TBD
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D. Paragraph 3.4.1, Buyer Furnished Data, change as follows:
1. Payload frequency plan Date: July 1, 1997
2. Antenna coverage plan Date: July 1, 0000
X. Xxxxxxxxx 11.0, Launch Vehicle and Site Interfaces, the second
paragraph is changed as follows:
a) The Buyer shall select a Launch Vehicle which complies with the
interface specifications by
June 16, 1997.
b) [No change]
c) The Buyer shall provide the preliminary Coupled Loads Analysis
(CLA) results by June 16, 1997.
d) [No change]
e) The Buyer shall provide the final CLA results by 19 months ARO.
f) The Buyer shall provide all separation hardware and the flight
adapter for a fit check and separation shock test to be delivered
to the Contractor's plant no later than 19 months ARO. The Buyer
shall provide the necessary launch agency support for conducting
these tests.
g) [No change]
h) [No change]
i) [No change]
IV. Except as specifically set forth above the Contract referenced above shall
remain in full force and effect in accordance with the terms and conditions as
originally written and such terms and conditions shall not be affected or
modified by this Amendment No. 2.
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IN WITNESS THEREOF, the Parties have caused this Amendment No. 2 to be signed by
their duly authorized officer or representative.
United States Satellite Broadcasting Lockheed Xxxxxx
Company, Inc. Corporation
(Signature on File) (Signature on File)
By: By:
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Xxxxxx X. Xxxxxxx Xx. X. Xxxxxxxxx
Executive Vice President Contracts Manager
Lockheed Xxxxxx Telecommunications
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