EXHIBIT 10.4
AMENDMENT NO. 1
TO
LAUNCH SERVICE CONTRACT
This Amendment (the "Amendment") is made and effective as of the 10th
day of January, 2002, by and between and Lockheed Xxxxxx Commercial Launch
Services, Inc. ("Contractor"), having a principal place of business at 0000
Xxxxxxxxxxxxx Xxxxx, Xxxxx 000, XxXxxx, Xxxxxxxx 00000, and EchoStar Orbital
Corporation ("Customer"), having a principal place of business at 0000 X. Xxxxx
Xx Xxxxx, Xxxxxxxxx, Xxxxxxxx 00000.
WHEREAS, Contractor and Customer have previously entered into a written
Launch Services Contract (the "Contract") effective as of January 31, 2001; and
WHEREAS, Contractor and Customer desire to amend the Contract;
NOW, THEREFORE, in consideration of the benefits which will accrue to
each party as a result of the matters described below, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties agree to amend the Contract as follows:
1. Deletion of Contract Provisions. Sections [CONFIDENTIAL INFORMATION
OMITTED] and [CONFIDENTIAL INFORMATION OMITTED] of the Contract and all
references thereto in the Contract are hereby deleted in their
entirety, and each Party hereby (a) waives any and all rights and
remedies that it may previously have had under Sections [CONFIDENTIAL
INFORMATION OMITTED] and [CONFIDENTIAL INFORMATION OMITTED] and (b)
releases the other Party from any and all duties and obligations that
such other Party may have had under Sections [CONFIDENTIAL INFORMATION
OMITTED] and [CONFIDENTIAL INFORMATION OMITTED].
2. [CONFIDENTIAL INFORMATION OMITTED]
3. [CONFIDENTIAL INFORMATION OMITTED]
4. Payments for EchoStar VII and EchoStar VIII Launches.
1
CONFIDENTIAL AND PROPRIETARY
EXHIBIT 10.4
4.1 Customer hereby agrees to make the [CONFIDENTIAL INFORMATION
OMITTED] payment [CONFIDENTIAL INFORMATION OMITTED] and
[CONFIDENTIAL INFORMATION OMITTED] payment [CONFIDENTIAL
INFORMATION OMITTED] for the Launch of EchoStar VII to
Contractor by one or more company checks totaling
[CONFIDENTIAL INFORMATION OMITTED] on [CONFIDENTIAL
INFORMATION OMITTED]. Customer hereby further agrees to make
the [CONFIDENTIAL INFORMATION OMITTED] payment [CONFIDENTIAL
INFORMATION OMITTED], [CONFIDENTIAL INFORMATION OMITTED]
payment [CONFIDENTIAL INFORMATION OMITTED] and [CONFIDENTIAL
INFORMATION OMITTED] payment [CONFIDENTIAL INFORMATION
OMITTED] for the Launch of EchoStar VIII to Contractor by one
or more company checks totaling [CONFIDENTIAL INFORMATION
OMITTED] on [CONFIDENTIAL INFORMATION OMITTED]. The parties
hereby agree that the above payments to Contractor for
EchoStar VII and EchoStar VIII, [CONFIDENTIAL INFORMATION
OMITTED] shall be made concurrently at EchoStar's headquarters
located in Littleton, Colorado on [CONFIDENTIAL INFORMATION
OMITTED].
4.2 [CONFIDENTIAL INFORMATION OMITTED]
5. [CONFIDENTIAL INFORMATION OMITTED]
6. The last sentence of Article [CONFIDENTIAL INFORMATION OMITTED] of the
Contract, entitled [CONFIDENTIAL INFORMATION OMITTED] is hereby
deleted.
7. Except as expressly modified herein, the Contract shall remain in full
force and effect in accordance with its terms and conditions.
8. All capitalized terms not defined herein shall have the meaning
ascribed to them in the Contract.
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CONFIDENTIAL AND PROPRIETARY
EXHIBIT 10.4
IN WITNESS WHEREOF, the Parties have caused this Amendment to be
executed by their duly authorized representatives as of the date first written
above.
LOCKHEED XXXXXX COMMERCIAL
LAUNCH SERVICES, INC.
-------------------------
Name:
Title:
ECHOSTAR ORBITAL
CORPORATION
-------------------------
Name:
Title:
3
CONFIDENTIAL AND PROPRIETARY
