EXHIBIT 10.4
[CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE SEC]
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 *** and *** 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 *** and *** and
(b) releases the other Party from any and all duties and obligations
that such other Party may have had under Sections *** and ***.
2. ***
3. ***
4. Payments for EchoStar VII and EchoStar VIII Launches.
4.1 Customer hereby agrees to make the *** payment *** and ***
payment *** for the Launch of EchoStar VII to Contractor by
one or more company checks totaling *** on ***. Customer
hereby further agrees to make the *** payment ***, *** payment
*** and *** payment *** for the Launch of EchoStar VIII to
Contractor by one or more company checks totaling *** on ***.
The parties hereby agree that the above payments to Contractor
for EchoStar VII and EchoStar VIII, *** shall be made
concurrently at EchoStar's headquarters located in Littleton,
Colorado on ***.
4.2 ***
*** Certain confidential portions of this exhibit were omitted by means of
redacting a portion of the text. Copies of the exhibit containing the redacted
portions have been filed separately with the Securities and Exchange Commission
subject to a request for confidential treatment pursuant to Rule 24.b-2 under
the Securities Exchange Act.
CONFIDENTIAL AND PROPRIETARY
EXHIBIT 10.4
5. ***
6. The last sentence of Article *** of the Contract, entitled *** 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.
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:
*** Certain confidential portions of this exhibit were omitted by means of
redacting a portion of the text. Copies of the exhibit containing the redacted
portions have been filed separately with the Securities and Exchange Commission
subject to a request for confidential treatment pursuant to Rule 24.b-2 under
the Securities Exchange Act.
CONFIDENTIAL AND PROPRIETARY
