Confirmed Failure definition
Examples of Confirmed Failure in a sentence
If PanAmSat has actual knowledge that a Lessee Transponder has suffered a failure which is clearly ascertainable or predictable, by technical analysis, that such failure will become a Confirmed Failure with the passage of time, then PanAmSat shall so notify Lessee and such Lessee Transponder shall be deemed to have suffered a Confirmed Failure upon such notification.
If PanAmSat furnishes a Transponder Spare to Lessee as a substitute for an equipment unit that has caused a Lessee Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit.
To the extent that such preemption results in a loss to Customer of the use of the Customer's Transponder Capacity that otherwise would be sufficient to constitute a Confirmed Failure, Customer shall have all of the rights and remedies regarding Outage Credits and termination that are set forth in Articles 5 and 7.
PanAmSat, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for any Lessee Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications.
At such time as any of the foregoing conditions is not met, then the Confirmed Failure of such Transponder shall, if the other conditions for a Confirmed Failure are met, be deemed then to have occurred.
HCG, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for Lessee's Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications.
To the extent that any period of interruption results in a loss to Customer of the use of the Service sufficient to constitute a Confirmed Outage under Sections 5.1 and 5.2 above, and/or a Confirmed Failure under Section 7.2 below, the Customer shall have all of the rights and remedies regarding Outage Credits in accordance with Section 5.3 above and/or termination in accordance with Section 7.2 below, as applicable.
If Transponders of more than one Owner simultaneously suffer a Confirmed Failure, then, to the extent technically feasible, the Lessee Transponders shall have priority over the Transponders of [***] Filed separately with the Commission pursuant to a request for confidential treatment.
If Transponders of more than one Owner simultaneously suffer a Confirmed Failure, then the Owner of the Transponder with the highest priority as set forth on Exhibit C, shall have priority as to the use of Transponder Spares (provided, however, that Lessee shall have the right at any time from time to time, by written notice to HCG, to change the priorities between and among any of Lessee's Transponders), to the extent technically feasible.
Upon PanAmSat's verification that a Lessee Transponder has suffered a Confirmed Failure, such failure shall be deemed to have commenced upon receipt by PanAmSat of notification from Lessee, or PanAmSat's actual knowledge, whichever first occurs, of the Confirmed Failure.