Confidential INTELSAT GLOBAL SERVICE CORPORATION 3400 International Drive N.W. Washington, D.C. 20008-3006 Amendment No. 1 to HOST SERVICES CONTRACT No. INTELSAT-2822 BETWEEN INTELSAT GLOBAL SERVICE CORPORATION and KT Corporation 206 Jungja-dong...
Exhibit 10.21
| CONFIDENTIAL TREATMENT REQUESTED |
| The asterisked (“**”) portions of this document have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. |
Confidential
INTELSAT GLOBAL SERVICE CORPORATION
0000 Xxxxxxxxxxxxx Xxxxx X.X.
Washington, D.C. 20008-3006
Amendment No. 1 to
HOST SERVICES CONTRACT No. INTELSAT-2822
BETWEEN
INTELSAT GLOBAL SERVICE CORPORATION
and
KT Corporation
000 Xxxxxx-xxxx Xxxxxxx-xx
Xxxxxxx-xx, Xxxxxxx-xx
Xxxxxxxx xx Xxxxx
for
Host Station Facilities and Services
Amendment No 1 to
Intelsat-2822
Page 1
| Date: 10th November 2003 |
| CONFIDENTIAL TREATMENT REQUESTED |
| The asterisked (“**”) portions of this document have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. |
This Amendment No. 1 is entered into this 10th day of November, 2003 (the “Effective Date”) by and between Intelsat Global Service Corporation (hereinafter referred to as “Intelsat”), a Delaware Corporation, with offices located in Washington, D.C., U.S.A. and KT Corporation (hereinafter referred to as “Contractor”), a corporation organized and existing under the laws of the Republic of Korea, with offices and its principal place of business located at 000 Xxxxxx-xxxx Xxxxxxx-xx, Xxxxxxx-si, Kyunggi-do, Republic of Korea.
Intelsat and Contractor hereby agree as follows:
WITNESSETH THAT:
WHEREAS, the Parties entered into Contract Intelsat-2822, dated 26 April 2002, hereinafter referred to as the “Contract”; and
WHEREAS, Intelsat and the Contractor have agreed to revise the Contract to reflect revised prices resulting from changes to the electrical power system requirements, and the addition of one man to the earth station staffing requirements; and
WHEREAS, Intelsat and the Contractor have agreed to revise the Contract to reflect a modification to the Service Commencement Date (SCD), and a modification to the reimbursement of costs for electricity, fuel and radio frequency usage.
NOW THEREFORE, the Parties agree that Contract Intelsat-2822 is hereby amended as follows:
Amendment No 1 to
Intelsat-2822
Page 1
1. Amend ARTICLE 3 – Price, Invoice and Payment as follows:
(A) Delete the text set forth in Paragraph (a) in its entirety and insert in lieu thereof:
“(a) For the satisfactory performance of the Services hereunder, the total firm fixed price, including recurring and non-recurring charges, for all work required during the initial five year period pursuant to this Contract is **********. Of that amount, the non-recurring charge is ***********. Also included are the fixed annual recurring charges, that begin at the Service Commencement Date (SCD) and continue for the duration of the initial five (5) year period, are as follows:
| Contract Term — Initial 5 year period | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | |||||||||||||||||
Total Annual Charges |
* | **** | * | **** | * | **** | * | **** | * | **** | ||||||||||||
Quarterly Charges |
* | **** | * | **** | * | **** | * | **** | * | **** | ||||||||||||
Total recurring charges for years 1 – 5: ******
Note: The fixed charge of ***** includes ***** for two (2) 200 KVA UPS systems and installation.
Notwithstanding the foregoing, Intelsat will commence payment of ***** of the above recurring charges upon SCD of both the C-Band Limited Motion Antenna (CLMA) and the Collocated Communications Antennas (CCAs), and will commence payment of ***** of the above recurring charge upon SCD of the C-Band Full Performance Antenna (CFPA) and the Ku-Band Full Performance Antenna (KFPA). The period of performance as set forth in Article 2 shall commence upon SCD of the CFPA and KPFA.
SCD of the CLMA and CCAs is deemed to have occurred on 22 October 2003.”
Amendment No 1 to
Intelsat-2822
Page 2
(B) Delete the text set forth in Paragraph (b) in its entirety and insert in lieu thereof:
“(b) The fixed annual recurring charges for the optional additional five (5) year period, which may be exercised by Intelsat at its sole option per paragraph (b) of Article 2, are as follows:
| Contract Term — Optional 5 year period | Year 6 | Year 7 | Year 8 | Year 9 | Year 10 | |||||||||||||||||
Total Annual Charges |
* | **** | * | **** | * | **** | * | **** | * | **** | ||||||||||||
Quarterly Charges |
* | **** | * | **** | * | **** | * | **** | * | **** | ||||||||||||
Total recurring charges for years 6 – 10: *****
(C) Add the following text set at the end of Paragraph (d):
**********
(D) Add the following text set at the end of Paragraph (f):
“Notwithstanding the foregoing, the recurring charges as set forth in Article 3 shall exclude ********. The Contractor shall clearly identify ***** on all applicable invoices.”
(E) Delete the text set forth in Paragraph (h) in its entirety and insert in lieu thereof:
“(h) The non-recurring charge for the building and electrical activities of ********** shall be paid to the Contractor within thirty (30) days after receipt by Intelsat of an properly certified invoice from the Contractor noting that Preliminary Acceptance of the CLMA and CCAs has been completed. The remainder of the non-recurring charge as set forth in paragraph (a) above shall be paid to the Contractor within thirty (30) days after the Service Commencement Date (SCD) and receipt by Intelsat of an invoice from the Contractor for full satisfactory performance of the Services to which the charges relate.”
Amendment No 1 to
Intelsat-2822
Page 3
2. Amend ARTICLE 12 – Correspondence as follows:
Delete the text set forth therein in its entirety and insert in lieu thereof:
“All notices, reports and other correspondence, except invoices, shall be addressed as follows:
If to Intelsat:
Intelsat Global Service Corporation
0000
Xxxxxxxxxxxxx Xxxxx, X.X.
Washington,
D.C. 20008-3006, U.S.A.
All contractual issues and deliverable documentation:
Attn: Xxxxxxx
Xxxxxx
Contracts
Manager
Procurement
Division, Box 25
Tel:
x0 000 000 0000
Fax:
x0 000 000 0000
Cell:
x0 000 000 0000
Email:
xxxxxxx.xxxxxx@xxxxxxxx.xxx
With a copy to the Program Manager and the Kumsan TTC Manager
All technical issues:
Attn: Xxxxx
Xxxxxxxx
Program
Manager
Tel:
x0 000 000 0000
Fax:
x0 000 000 0000
Cell:
x0 000 000 0000
Email:
xxxxx.xxxxxxxx@xxxxxxxx.xxx
With a copy to the Contracts Officer and the Kumsan TTC Manager
Attn: Xxxx Xxx
Xxxxxx
TTC Manager
Tel:
x00-00-000-0000
Fax:
x00-00-000-0000
Cell:
x00-00-000-0000
Email:
xxxx.xxx@xxxxxxxx.xxx
If to Contractor:
Amendment No 1 to
Intelsat-2822
Page 4
KT Corporation
000
Xxxxxx-xxxx Xxxxxxx-xx
Xxxxxxx-xx,
Xxxxxxx-xx
Xxxxxxxx
xx Xxxxx
For contractual issues:
Attn: Mr. Ha-il
Song
Tel:
x00-00-000-0000
Fax:
x00-00-000-0000
Cell:
x00-00-000-0000
Email:
xxxxxxxx@xx.xx.xx
With a copy to:
Attn: Mr. Xxx-Xx
Xxxx
Tel:
x00-00-000-0000
Fax:
x00-00-000-0000
Cell:
x00-00-0000-0000
Email:
xxxxxx@xx.xx.xx
For technical issues:
Attn: Mr. Xxxxxx-Xxx
(Xxxxxxx) Xxxx
Tel:
x00-00-000-0000
Fax:
x00-00-000-0000
Cell:
x00-00-000-0000
Email:
xxxxxx@xx.xx.xx
All invoices shall be addressed as follows:
Intelsat Global Services Corporation Korea Branch
000-0,
Xxxxxxxxxx
Xxxxxxxxxxx,
Xxxxxxxxxx
Choongchungnamdo
Republic
of Korea”
EXCEPT as specifically modified in Amendment No. 1 herein, all other terms and conditions of the Contract shall remain in full force and effect.
Amendment No 1 to
Intelsat-2822
Page 5
IN WITNESS WHEREOF, the parties have, as their free acts and deeds, caused this Amendment No. 1 to be executed by their respective duly authorized representatives.
| KT Corporation | Intelsat Global Service Corporation |
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| (“Contractor”) | (“Intelsat”) | |||||
| By: | /s/ Yu-Ho Park | By: | /s/ Xxxxxx X.
Xxxxxxxxxx, Xx. |
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| (signed) | (signed) | |||||
| Yu-Ho Park | Xxxxxx X. Xxxxxxxxxx, Xx. | |||||
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| (Typed) | (Typed) | |||||
| Title: | Managing Director | Title: | Manager,
Contracts & Sales |
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| Date: | 31, October 2003 | Date: | 10, November 2003 | |||
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Amendment No 1 to
Intelsat-2822
Page 6
