Confirmed Failure. A Lessee Transponder shall be deemed to have suffered a "Confirmed Failure" if (a) it fails to meet the Transponder Performance Specifications for a cumulative period of more than [***] during any consecutive [***] period, (b) [***] or more "outage units" (as defined below) occur within a consecutive [***] period, or (c) it fails to meet the Transponder Performance Specifications for any period of time under circumstances that make it clearly ascertainable or predictable, by technical analysis, that the failure set forth in either (a) or (b) of this Section 12.02
Appears in 2 contracts
Samples: Transponder Lease Agreement (Panamsat Corp /New/), Transponder Lease Agreement (Panamsat Corp /New/)
Confirmed Failure. A Lessee Transponder shall be deemed to have suffered a "Confirmed Failure" if (a) it fails to meet the Transponder Performance Specifications for a cumulative period of more than [***] during any consecutive [***] period, (b) [***] or more "outage units" (as defined below) occur within a consecutive [***] period, or (c) it fails to meet the Transponder Performance Specifications for any period of time under circumstances that make it clearly ascertainable or predictable, by technical analysis, predictable technically that the failure set forth in either (a) or (b) of this Section 12.02
Appears in 2 contracts
Samples: Transponder Sublease Agreement (Panamsat Corp /New/), Lease Agreement (Panamsat Corp /New/)