Exhibit 10.4.2
AMENDMENT No 1 TO CONTRACT Number GSS0210100
(Digital Channel Platform)
This Amendment (the "Amendment") is made as of the 7th day of May
2004 ("Effective Date").
WHEREAS, Playboy Entertainment Group, Inc. and Loral SpaceCom Corporation,
d/b/a Loral Skynet ("Loral") executed an agreement for the creation and
marketing to potential customers, a multi-channel video and audio transmission
service, including video compression, uplink, and satellite capacity effective
as of 4 February 2003 (the "Agreement");
WHEREAS, Intelsat LLC, a company organized and existing under the laws of
Delaware, acquired the assets of Loral effective 17 March 2004, and, in
connection with that acquisition, the Agreement was assigned to Intelsat USA
Sales Corp. ("Intelsat"), a company also organized and existing under the laws
of Delaware effective on the same date, and CUSTOMER has validly consented to
said assignment;
WHEREAS Telstar 7 has been renamed Intelsat Americas 7 (IA-7);
WHEREAS Section 11.1 of the Agreement provides that the Initial Term (as
defined in the Agreement) shall continue for a period of five (5) years, until
February 3, 2008, and CUSTOMER and Intelsat now desire to extend such term;
NOW THEREFORE, in consideration of the promises herein exchanged and for
other good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the Parties agree to amend the Terms and Conditions to the
Agreement as described below:
A. All terms not otherwise defined herein shall have the meaning ascribed to
them in the Agreement.
B. All references to Skynet are replaced with "Intelsat," and all references
to Telstar 7 are replaced with IA-7.
C. The Initial Term of service under Section 11.1 of the Agreement is
extended until 31 January 2013.
D. Section 7(ii) of the Agreement is deleted and replaced with:
If to Intelsat: Director, Contracts
Intelsat
0000 Xxxxxxxxxxxxx Xxxxx XX
Xxxxxxxxxx, X.X. 00000
Tel: 000 000 0000
With a copy to: General Counsel
Except as herein amended, all other provisions of the Agreement
shall remain in full force and effect. In the event of any conflict between the
terms of this Amendment and those of the Agreement, the terms of this Amendment
shall supersede those of the Agreement and exclusively govern the matter in
question.
IN WITNESS WHEREOF, the Parties hereto have executed or caused to be
executed this Amendment as of the Effective Date first written above.
INTELSAT USA SALES CORP.
BY: /s/ Xxxxxxx Xxxxxxxx
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Xxxxxxx Xxxxxxxx
Director and President
PLAYBOY ENTERTAINMENT GROUP, INC.
BY: /s/ Xxxxxxxxx Xxxxxx Xxxxxxx
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Xxxxxxxxx Xxxxxx Xxxxxxx
Senior Vice President
