Constructive Total Failure means a Constructive Total Loss due to performance of the Launch Vehicle.
Constructive Total Failure means that, due directly to a Deviation, either of the following situations occur, as reasonably determined by available flight telemetry data or other objective evidence: (a) each Satellite’s capability to operate in accordance with its performance specifications is reduced by [***…***] or more; or (b) each Satellite’s ability to operate for its intended commercial lifetime is reduced by [***…***] or more. A determination of Constructive Total Failure shall be made no later than forty-five (45) days after the Launch Date. For the sake of clarity, measurement of a Satellite’s capability to operate shall be determined solely based on [***…***]. For purposes of a Launch and In-Orbit Insurance policy, if any (and not for any other purpose hereunder), this definition may be modified independently of this Agreement to reflect the meaning ascribed to the concept of “constructive total loss” or “constructive total failure”, as applicable, in Customer’s policy of Launch and In-Orbit Insurance, if any, in place at the time of the applicable Launch.
Constructive Total Failure has the meaning ascribed to that term or a term substantially similar to such term in the launch and initial operations insurance or the orbit insurance Borrower or any Restricted Subsidiary of Borrower is required to obtain pursuant to Section 5.05, whichever is then in effect.
Examples of Constructive Total Failure in a sentence
Licensor represents and warrants that to the best of its knowledge, such chemicals and materials present no threat to human health or the environment when so used.
The pre-payment shall be deemed part of the Final Payment for purposes of Paragraphs 5.1.2.1 and 5.1.2.2 below such that in the event of a Total Failure, Constructive Total Failure or Partial Failure, the Final Payment shall be deemed to be equal to twenty five percent (25%) of the Launch Service Price and any payment due Contractor or refund due Customer shall be based on this amount.
If Contractor has not already convened a Failure Review Board to evaluate a suspected Total Failure, Constructive Total Failure or Partial Failure, then Customer may give written notice to Contractor requesting that a Failure Review Board be convened.
In the event of a suspected Partial Failure, Total Failure or Constructive Total Failure, implementation of this Article 19 shall be based on the findings of the Launch Service Failure Review Board.
A Total Failure or Constructive Total Failure for which the LSA Party is not entitled to a Reflight shall not result in Deconversion or Reconversion, but shall instead cause a mandatory prepayment, as provided in Section 2.05(b).
More Definitions of Constructive Total Failure
Constructive Total Failure means that, due to a Falcon 1e Launch Vehicle Deviation (and not attributable to the Payload or Customer-provided separation system), the following situations occur, as reasonably determined by available flight data telemetry or other objective evidence, either: (i) the Payload’s ability to operate in accordance with its performance specifications and for its intended commercial purposes is reduced by [***...***]. For purposes of the Launch and In-Orbit Insurance policy, if any (and not for any other purpose hereunder), this definition shall be modified to reflect the meaning ascribed to the concept of “constructive total loss” in Customer’s policy of Launch and In-Orbit Insurance, if any, in place at the time of Launch.
Constructive Total Failure has the meaning ascribed to that term or a term substantially similar to such term in the launch and initial operations insurance or in the in-orbit insurance (whichever is then in effect) procured or caused to be procured by the Customer as required by Section 6.06(b).
Constructive Total Failure means (***). For purposes of the Launch and In-Orbit Insurance policy, if any (and not for any other purpose hereunder), this definition shall be modified to reflect the meaning ascribed to the concept of “constructive total loss” in Customer’s policy of Launch and In-Orbit Insurance.
Constructive Total Failure means that the operational capacity and/or expected lifetime of the Spacecraft is reduced by more than XXX% due to the performance of the Launch Vehicle. The orbit and mass at liftoff specified in the Statement of Work shall be used in the determination of expected lifetime. The Parties shall use the Loss Formula to determine whether a Constructive Total Failure has occurred.
Constructive Total Failure means that, due to an event(s) that occurs at any time from Launch to Satellite Separation, it can be determined from telemetry data or other evidence that the Launch Vehicle performed in such a manner that the [*] is less than or equal to [*] Only reduction to Satellite Mission Life or Satellite Performance Capability caused by the performance of the Launch Vehicle is included in the above calculation. Failure Review Board shall have the meaning and the duties set forth in Paragraph 2.7 below entitled “Failure Review Board.”
Constructive Total Failure means a Constructive Total Loss of the Spacecraft due to performance of the Launch Vehicle.
Constructive Total Failure means that, due to a Falcon 1e Launch Vehicle Deviation (and not attributable to the Payload or Customer-provided separation system), the following situations occur, as reasonably determined by available flight data telemetry or other objective evidence, either: (i) the Payload’s ability to operate in accordance with its performance specifications and for its intended commercial purposes is reduced by [***...***]. For purposes of the Launch and In-Orbit Insurance policy, if any (and not for any other purpose hereunder), this definition shall be modified to reflect the meaning ascribed to the concept of “constructive total loss” in Customer’s policy of Launch and In-Orbit Insurance, if any, in place at the time of Launch. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***...***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 2