ORBCOMM GENERATION 2 PROCUREMENT AGREEMENTProcurement Agreement • August 11th, 2008 • ORBCOMM Inc. • Communications services, nec • Virginia
This ORBCOMM Procurement Agreement is made and entered into as of the 5th day of May, 2008 (the “Effective Date” or “Start” or “Start Date”) between ORBCOMM Inc, a Delaware corporation (“ORBCOMM”) with offices located at 21700 Atlantic Boulevard, Dulles, VA 20166 and SIERRA NEVADA CORPORATION, a Nevada corporation with offices located at 444 Salomon Circle, Sparks, NV 89434 (“SNC” or “SUPPLIER”).
* * TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SECTIONS 200.80(b)(4) and 230.406Memorandum of Agreement • August 11th, 2008 • ORBCOMM Inc. • Communications services, nec
This Memorandum of Agreement sets forth the parties’ agreement to amend certain particulars of the Amendment and the Procurement Agreement and, in consideration therefore, OHB shall (i) provide the necessary resources and services to ensure that the ORBCOMM Concept Demonstration Satellite (“CDS”) and five Additional Satellites are completed and launched in accordance with the terms of the Procurement Agreement and the Amendment on or before June 30, 2008, all at no additional charge above the Milestone payments set forth in the Amendment and (ii) not charge ORBCOMM for any time, material or other additional costs except as expressly set forth in this Memorandum of Agreement and attached Exhibit E-1. It is agreed that the previously performed AIS rework shall not include an additional vibe test. The sixth Additional Satellite shall be ready for Ground Delivery to the launch services supplier on or before the date that is 90 days after delivery to OHB of payload #6. Such Ground Delivery
