Common use of ARIANESPACE’S SERVICES Clause in Contracts

ARIANESPACE’S SERVICES. 4.1. ARIANESPACE undertakes to use its best efforts to perform the Services specified in this Agreement. 4.2. ARIANESPACE's commitments under this Agreement cover : 4.2.1. Launch Services, ARIANESPACE shall notify Customer in writing as to the type of Launch Vehicle (i.e. Ariane 4 or Ariane 5) chosen for the Launch on or prior to L- 4 months. 4.2.2. Associated Service(s) ordered by the Customer as set forth in the present Agreement and as defined in Annex 2, Paragraph 2, under the heading "General Range Support Provided by ARIANESPACE and Additional Options Ordered by the Customer" in accordance with the conditions as specified therein. 4.2.3. Subject to additional order(s) of the Customer, one or more Service(s) as set forth in (i) Paragraph 3 of Annex 2 to this Agreement, under the heading "Additional Options Available to the Customer"; and/or (ii) the latest issue of the User's Manual (M.U.A.) as at the date of such additional order(s) of the Customer, in accordance with the then applicable conditions, as well as any other service(s) requested by Customer provided that such order for the said other services is accepted by ARIANESPACE. 4.3. Launch Services for each Launch, to the exception of Postlaunch Services, shall be deemed to be accomplished by ARIANESPACE once the Launch has taken place, ARIANESPACE having no control of the Launch Vehicle after the Launch. In the event that, for any reason whatsoever, a Launch Abort occurs, ARIANESPACE shall postpone the Launch in accordance with the conditions set forth in Article 11 of this Agreement. 4.4. ARIANESPACE hereby grants to Customer the following option rights: Customer shall have the right to exercise a Launch Option for Optional Launch #1 and Optional Launch #2 respectively no later than eighteen (18) months prior to the initial Launch Period of the Optional Launch concerned. In the absence of exercise of such Launch Option at L-18 months, the nominal Launch Period shall be postponed for period(s) of six months until exercise, provided that the Launch Options may not be exercised later than the following dates: i) for Optional Launch #1: 30 June 1999 ii) for Optional Launch #2: 31 December 1999 Upon exercise of a Launch Option, unless otherwise agreed by the Parties at that time, the then current nominal Launch Period for the Launch for which the option is exercised shall be deemed to be the `initial Launch Period'. If the Parties so agree, an initial Launch Period may begin earlier or later than the nominal Launch Period. Any Launch Option under this Paragraph 4.4. may not be exercised by Customer later than the dates set forth hereabove. Upon exercise of the corresponding Launch Option, Customer shall inform ARIANESPACE of the baseline mass selected between i) 3450 kg and ii) 4500 kg (all masses without adaptor).

ARIANESPACE’S SERVICES. 4.1. 4.1 ARIANESPACE undertakes to use its best efforts to shall perform the Services under this Agreement including: 4.1.1 Launch Services as specified in Part 2 and Part 4 of Annex 1 to this Agreement (and Paragraph 4.3 below). The Launch Services are to be provided during the Launch Period, provided that CUSTOMER shall have the right, without an increase to the price or providing an equitable adjustment to ARIANESPACE, to postpone the Launch to the next Launch Period or Launch Slot (as applicable) or the right to request ARIANESPACE to re-schedule the Launch on the next Launch Opportunity, if no Launch Opportunity exists during the next Launch Period or Launch Slot, should, within the six (6) months prior to the first day of the last agreed Launch Period or Launch Slot (as applicable), ARIANESPACE encounter an anomaly on a Launch Vehicle of the type used for the Launch involving hardware or software that is similar or applicable to the Launch, until the CUSTOMER reasonably determines that there has been an acceptable resolution of the anomaly. In the case of any such postponement, payments shall be modified to reflect the revised schedule under Section 10.1 and being further agreed that such rescheduling shall not be considered as a postponement by either Party under the terms of Article 11 and/or Article 18 of this Agreement. 4.2. ARIANESPACE's commitments under this Agreement cover : 4.2.1. Launch Services, ARIANESPACE shall notify Customer in writing as to the type of Launch Vehicle (i.e. Ariane 4 or Ariane 5) chosen for the Launch on or prior to L- 4 months. 4.2.2. 4.1.2 Associated Service(s) Services ordered by the Customer CUSTOMER as set forth in the present Agreement this Agreement, and as defined in Annex 2, Paragraph 2, under the heading "1 (“General Range Support Provided by ARIANESPACE Support”) and Additional Paragraph 3 (“Options Ordered by the Customer" CUSTOMER”) of Part 5 of Annex 1 to this Agreement, in accordance with the conditions as specified therein. 4.2.3. 4.1.3 Subject to any additional order(s) orders of the CustomerCUSTOMER, one or more Service(s) of the services as set forth in (i) Paragraph 3 2 (“Options Price Catalogue”) of Part 5 of Annex 2 1 to this Agreement, under the heading "Additional Options Available to the Customer"; and/or (ii) the latest issue of the ARIANE 5 User's ’s Manual (M.U.A.) as at in effect on the date of such additional order(s) the corresponding order of the CustomerCUSTOMER, in accordance with the then applicable conditions, as well as conditions and any other service(s) requested services ordered by Customer provided that such order for the said other services is CUSTOMER and accepted by ARIANESPACE. 4.3. 4.2 Launch Services Services, except for each Launch, to the exception of Postlaunch Services, shall be deemed to be accomplished completed by ARIANESPACE once when the Launch has taken place, ARIANESPACE having no control of the Launch Vehicle after the Launch. In the event that, for any reason whatsoever, a Launch Abort occurs, ARIANESPACE shall postpone the Launch in accordance with the conditions set forth in Article 11 of this Agreement. 4.4. ARIANESPACE hereby grants to Customer the following option rights: Customer shall have the right to exercise a Launch Option for Optional Launch #1 and Optional Launch #2 respectively no later than eighteen (18) months prior to the initial Launch Period of the Optional Launch concerned. In the absence of exercise of such Launch Option at L-18 months, the nominal Launch Period shall be postponed for period(s) of six months until exercise, provided that the Launch Options may not be exercised later than the following dates: i) for Optional Launch #1: 30 June 1999 ii) for Optional Launch #2: 31 December 1999 Upon exercise of a Launch Option, unless otherwise agreed by the Parties at that time, the then current nominal Launch Period for the Launch for which the option is exercised shall be deemed to be the `initial Launch Period'. If the Parties so agree, an initial Launch Period may begin earlier or later than the nominal Launch Period. Any Launch Option under this Paragraph 4.4. may not be exercised by Customer later than the dates set forth hereabove. Upon exercise of the corresponding Launch Option, Customer shall inform ARIANESPACE of the baseline mass selected between i) 3450 kg and ii) 4500 kg (all masses without adaptor).