Orbital Performance Incentives definition

Orbital Performance Incentives or “OPI” means that portion of the Satellite Price that is subject to refund in accordance with Article 11 (Orbital Performance Incentives) for less than a “Satisfactorily Operating Satellite”.

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Orbital Performance Incentives means, collectively, the Satellite Orbital Performance Incentives and the Space Segment Orbital Performance Incentives.

Orbital Performance Incentives means, with respect to the Satellite, an amount equal to [***], which may be earned by Contractor based on in-orbit performance of such Satellite as set forth in Article 13.

Examples of Orbital Performance Incentives in a sentence

Waivers or deviations are not required for launched satellites, and Customer’s sole and exclusive remedy for non-compliance after Intentional Ignition shall be pursuant to Article 11 (Orbital Performance Incentives) in which satellite performance shall be measured against the waived specification.
If, as a result of the eclipse test, the Satellite is determined to have a degradation with respect to Exhibit B (Satellite and Common Subsystem Technical Specification) and Exhibit B2 (F-2 (Satmex 7) Payload and Satellite Unique Technical Specification) or to have suffered a Partial Loss or a Total Loss, Customer’s sole and exclusive remedies shall be as set forth in Article 11 (Orbital Performance Incentives) and Article 17.3 (Satellite Non-Conformances and Anomalies), as applicable.
The Firm Fixed Price includes the ATP Price paid by Purchaser to Contractor under the ATP, which shall be credited against the initial payment set forth in Schedule 1 hereto, but does not include the [***] interest cost calculated based on the Orbital Performance Incentives amount as described in Article 13.
Notwithstanding any of the foregoing, Purchaser may direct Contractor to perform testing other than as required for IOT at any time during IOT or after receipt of the IOT results and Contractor agrees to undertake such additional tests subject to: (i) agreement on who will pay the costs of such additional tests, and (ii) commencement of the Satellite Orbital Performance Incentive Period for purposes of earning the Satellite Orbital Performance Incentives to be paid pursuant to Article 13 hereof.
While the Satellite is in storage, the Satellite shall be deemed to have no Transponder Failures for purposes of calculating Orbital Performance Incentives.
In addition, Contractor shall begin to earn its Orbital Performance Incentives thirty (30) days after the date the Spacecraft is placed in Ground Storage, and Purchaser shall begin making the quarterly payments of earned Orbital Performance Incentives at the end of the [***] full calendar month thereafter.
Contractor shall forfeit the Daily Rate of Quarterly Orbital Performance Incentives for any Transmission Path that is not operational for a period of two (2) minutes or more; provided that such outage is not attributable to the operation, directly or indirectly, of the Satellite by Purchaser.
If the Satellite becomes a Total Loss after the Prepayment Date and before the end of the Orbital Performance Incentive Period, Contractor shall refund to Purchaser, within 30 days of invoice from Purchaser, the balance of all Prepaid Amounts of unearned Orbital Performance Incentives plus interest thereon calculated from the IOT Complete Date until the date of payment at an annual interest rate of [***] percent ([***]%), compounded [***].
Any amounts paid pursuant to this Article 13.12 (the “Storage Incentives”) shall be applied by Contractor, including the interest payments, in satisfaction of the first Orbital Performance Incentives earned by Contractor following Launch, in accordance with this Article 13, until such Storage Incentives shall have been fully applied.
Any prepaid Orbital Performance Incentives not subsequently earned by Contractor as provided in this Article 13 shall be returned to Purchaser as an Incentive Payback in accordance with Article 13.8.

More Definitions of Orbital Performance Incentives

Orbital Performance Incentives or “OPI” means, with respect to any Space-Based Network, an amount specified in Exhibit J, Orbital Performance Incentives Payment Plan, that may be earned by Contractor based on in-orbit performance of such Space-Based Network as set forth in Article 12.

Orbital Performance Incentives or “OPI” means, with respect to the SATMEX 8 Satellite, the amount specified in Article 13, which may be earned by Contractor based on on-orbit performance of such SATMEX 8 Satellite, as may be adjusted pursuant to other provisions therein.

Orbital Performance Incentives means an amount not to exceed [***], which may be earned by Contractor based on in-orbit performance of the Satellite as set forth in this Article 13. For the purpose of calculating the Orbital Performance Incentives earned by Contractor, the first day of the applicable Orbital Performance Incentive Period shall commence at 12:01 a.m. Greenwich Mean Time on the first day following the IOT Complete Date, [***]. All measurements, computations and analyses made pursuant to this Article 13 shall be made in accordance with good engineering practice applying standards generally applicable in the satellite industry.

Orbital Performance Incentives means the amount set forth in Article 13.2, which may be earned by Contractor based on in-orbit performance of such Satellite as set forth in Article 13.

Orbital Performance Incentives means an amount specified in Exhibit F that may be earned by Contractor based on in-orbit performance of the Satellite as set forth in Article 13.

Orbital Performance Incentives means monies that may be earned by Contractor based on performance of each Satellite on-orbit, as may be adjusted pursuant to Section 13.3 hereof. For Satellite No. 1 and Satellite No. 2 (or their replacements), the Orbital Performance Incentives are designated in the Payment Plan as milestone M-63 and milestone M-66.