AMENDMENT NO. 9 TO CONTRACT
BETWEEN
DIRECT BROADCASTING SATELLITE CORPORATION
(HEREINAFTER "BUYER")
and
XXXXXX XXXXXXXX CORPORATION
(HEREINAFTER "CONTRACTOR")
This Amendment is effective as of the 18th day of July 1996.
WITNESS THAT:
WHEREAS, Direct Broadcasting Satellite Corporation ("Buyer") and Xxxxxx Xxxxxxxx
Corporation ("Contractor"), mutually agree to amend the subject Contract to:
- revise ARTICLE 4 PAYMENT;
- revise ARTICLE 20 ASSIGNMENT;
- revise EXHIBIT B: SPECIFICATION.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
herein, Buyer and Contractor agree to modify the Contract as follows:
ARTICLE 4 PAYMENT
-----------------
Revise paragraph D by deleting the last two sentences and replacing them with
the following:
The In-Orbit payments, including the interest thereon, will be
[CONFIDENTIAL MATERIAL REDACTED] by a written corporate guarantee provided
by EchoStar Communications Corporation (ECC). The security will be
provided no later than ninety (90) days prior to the scheduled launch
date.
ARTICLE 20 ASSIGNMENT
---------------------
Add new paragraph C as follows:
C. Buyer consents to the assignment of this contract from Xxxxxx Xxxxxxxx
Corporation to Lockheed Xxxxxx Corporation effective as of January 29,
1996.
EXHIBIT B: SPECIFICATION
------------------------
The Exhibit B: Specification is hereby modified to include a third command
receiver.
Contractor will use its reasonable best efforts to accomplish the inclusion
of a third command receiver with no negative impact to the delivery
schedule, at no additional charge to Buyer. The Contractor shall notify
Buyer of any negative delivery schedule impact by August 5, 1996. In the
event that notwithstanding Contractor's reasonable best efforts there is a
schedule impact, the Buyer shall either: i) direct the Contractor to
proceed with the extended deliver schedule (and the Buyer will relieve
Contract of liquidated damages shown in ARTICLE 30: LIQUIDATED DAMAGES); or
ii) shall direct the Contractor to proceed with (2) command receivers with
no credit to Buyer. The Buyer shall provide the Contractor with such
direction no later than sixty (60) calendar days after receipt of
Contractor's notification of schedule delay associated with the addition of
the third command receiver. To the extent that Contractor notifies Buyer
that a delay is not expected, but subsequently, notwithstanding
Contractor's reasonable best efforts the command receiver is delivered to
the Contractor later than the command receiver subcontractor's contractual
delivery date to the Contractor, the Buyer shall either: i) direct the
Contractor to proceed with the extended delivery schedule (and the Buyer
will relieve Contractor of liquidated damages shown in ARTICLE 30:
LIQUIDATED DAMAGES); or ii) shall direct the Contractor to proceed with (2)
command receivers with no credit to Buyer.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the
Contract.
DIRECT BROADCASTING SATELLITE XXXXXX XXXXXXXX CORPORATION
CORPORATION
By: /S/ X. X. XXXXX 8/28/96 By: /S/ XXXXX X. XXXXXXX
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Title: Chairman and Chief Executive Title: Director, Commercial Contracts
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