AMENDMENT XX. 0
XXXXXXXX XX. 000000-X
DIRECT BROADCAST SATELLITE CONTRACT
BETWEEN
UNITED STATES SATELLITE BROADCASTING COMPANY, INC.
AND
LOCKHEED XXXXXX CORPORATION
THIS AMENDMENT is effective December 31, 1997.
WHEREAS, USSB and the Contractor (hereinafter referred to as the "Parties"),
have agreed to an extension in the suspension of all program activities
effective January 1, 1998 through a period not to exceed May 1, 1998 and;
WHEREAS the Parties, recognizing that a specific date ending the extension of
the suspension may occur at any time during such period and;
WHEREAS the Parties, recognizing that changes are required in the Contract, have
created this Amendment No. 4;
NOW THEREFORE, in consideration of the promises and mutual covenants hereinafter
contained, the Parties agree to the following:
I. Beginning on January 1, 1998, and on the first day of each month thereafter
until the first day of the subsequent month after Contractor's receipt of
USSB's written Request for Resumption of Activities, and continuing through
a period not to exceed May 1, 1998, the Parties agree to amend the Terms
and Conditions of the subject Contract as follows:
A. In Article 3.B, Price, the price of the Spacecraft and the Total
Contract Price shall be adjusted on a monthly basis as follows:
Total Increase in Price Total Increase in
Date of Increment Monthly Increment of Spacecraft Total Contract Price
----------------- ----------------- ----------------------- --------------------
January 1, 1998
February 1, 1998
March 1, 1998
April 1, 1998
B. In Article 4.B, Deliverable Items and Delivery Schedule, the
current delivery schedule for all deliverables will be increased by
one month for each month this suspension is extended beyond January
1, 1998.
C. In Article 5.A, Progress and Milestone Payments, the Progress
Payment Plan, beginning with Payment Number 14 and continuing
through Payment Number 17 will be adjusted to
each month as follows:
Monthly Total Cumulative Total
Date of Increment Payment Number ($ in U.S. Millions) ($ in U.S. Millions)
----------------- --------------- --------------------- --------------------
January 1, 1998 14
February 1, 1998 15
March 1, 1998 16
April 1, 1998 17
D. In Article 15A, USSB's Right to Terminate, the Termination Schedule
shall be changed as follows:
Monthly Total Cumulative Total
Date of Increment ($ in U.S. Millions) ($ in U.S. Millions)
----------------- --------------------- --------------------
January - 1998
February
March
April
II. Upon receipt by the Contractor of USSB's written Notice of Resumption of
Activities, the Parties agree to modify the Articles and Exhibits of this
Contract. Such modifications shall, at a minimum, provide the appropriate
adjustments to the balance of all schedules, amounts, and events described
and contemplated by this Amendment but not adjusted by this amendment and
will be predicated on the date of USSB's written Request for Resumption of
Activities. In the event that the Parties do not agree to such
modifications as evidenced by a written amendment to this Contract by May
1, 1998, this Contract will be considered terminated for the convenience of
USSB in accordance with the provisions of Article 15.
III. Except as specifically set forth above all other terms and conditions of
the Contract 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. 4.
IN WITNESS THEREOF, the Parties have caused this Amendment No. 4 to be signed by
their duly authorized officer or representative.
United States Satellite Broadcasting Lockheed Xxxxxx Corporation
Company, Inc.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Wm. X. Xxxxxxxxx
----------------------------- ------------------------
Xxxxxx X. Xxxxxxx Xx. X. Xxxxxxxxx
Executive Vice President Contract Manager
Lockheed Xxxxxx
Telecommunications
