Common use of Constructive Total Failure Clause in Contracts

Constructive Total Failure. The performance of the Launch Services will be deemed to be a constructive total failure if: 9.1.2.1 the operational capacity or nominal lifetime of all three satellites is reduced by more than fifty (50) percent as a direct result of the performance or non-performance of the Launch Vehicle, as determined from the Launch Vehicle flight data; 9.1.2.2 after physical separation from the Launch Vehicle, as a direct result of the performance or non-performance of the Launch Vehicle, as determined from the Launch Vehicle flight data, the attitude and orbital conditions of all three satellites are such that any corrective action required to place the Payload into its nominal operating orbit would result in a reduction by more than fifty (50) percent of its nominal lifetime or a reduction by more than fifty (50) percent of its nominal operational capacity.