Customer Launch Schedule Adjustments Clause Samples
The Customer Launch Schedule Adjustments clause allows for modifications to the planned timeline for launching a product or service to the customer. This clause typically outlines the process by which either party can request changes to the launch schedule, such as due to unforeseen delays, resource constraints, or changes in project scope. By providing a structured mechanism for adjusting key dates, the clause helps manage expectations and reduces the risk of disputes related to missed deadlines or shifting project requirements.
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Customer Launch Schedule Adjustments. Customer may request either a postponement or advancement of the Launch Period, Launch Slot or Launch Date previously determined under Article 6 of this Contract entitled “Launch Schedule,” by giving written notice to Contractor requesting a new Launch Period or Launch Date. If the launch schedule adjustment results in a later Launch Period, Launch Slot or Launch Date, then the total number of calendar days of delay requested by Customer shall be attributed to Customer. The length of delay shall be measured from the first day of the then current Launch Period or Launch Slot or the Launch Date, if established, to the first day of the new Launch Period or Launch Slot or the new Launch Date, as applicable. The Parties will cooperate in good faith to select a new Launch Period, Launch Slot or Launch Date taking into account the requirements and interests of Customer and the requirements for a Launch Opportunity.
7.1.3 Postponements by Customer under this Article 7, including Excusable Delays as described in Article 8 entitled “Excusable Delays”, for each Launch Service shall not exceed a total of ****. In the event that a single postponement, or cumulative postponements, attributed to Customer exceed such maximum permissible postponement for any one Launch Service, that Launch Service shall, at the election of Contractor, be subject to termination by Contractor in accordance with Paragraph 21.4 of this Contract entitled “Termination by Contractor for Excessive Launch Postponements.”
Customer Launch Schedule Adjustments. 6.1.1 Customer No-Cost Adjustments. Customer shall have the right to adjust the Launch Campaign Period, or any scheduled Launch Slot or Launch Date, at no increase to the Contract Price as follows:
(A) Advance the commencement of the Launch Campaign Period, or any scheduled Launch Slot, subject to providing written notice to Contractor no less than [***…***] months prior to the desired new Launch Slot or commencement date of the Launch Campaign Period.
(B) Postpone the commencement of the Launch Campaign Period, or any scheduled Launch Slot, subject to providing written notice to Contractor no less than [***…***] months prior to the originally scheduled Launch Slot or commencement of the Launch Campaign Period.
(C) Postpone the Launch Date within the applicable Launch Slot no less than [***…***] prior to the then-scheduled Launch Date, provided that advance written notice is provided to Contractor.
(D) Postpone any Launch Date for a cumulative period of up to [***…***] months.
6.1.2 Customer Cost-Based Adjustments. Customer shall have the right to adjust any scheduled Launch Date that does not meet the criteria provided for in Section 6.1.1, subject to application of an adjustment fee (the “Adjustment Fee”) as set forth below:
(A) Advance the applicable Launch Date so that the Launch Service is performed between [***…***] and [***…***] months following Customer’s written notification, for an Adjustment Fee of [***…***] percent ([***…***]%) of the applicable Launch Service Price. The Adjustment Fee shall be amortized equally among the remaining Milestone Payments for the applicable Launch Service. If a Launch Service advanced pursuant to this Section 6.1.2 (A) is not performed between [***…***] and [***…***] months following Customer’s written notification for reasons other than a Customer delay requested pursuant to Section 6.1, the Adjustment Fee shall be refunded to Customer within [***…***] Days.
(B) Advance the applicable Launch Date so that the Launch Service is performed less than [***…***] months following Customer’s written notification, for an Adjustment Fee of [***…***] of the applicable Launch Service Price. The Adjustment Fee shall be amortized equally among the remaining Milestone Payments for the applicable Launch Service. If a Launch Service advanced pursuant to this Section 6.1.2 (B) is not performed within [***…***] months following Customer’s written notification for reasons other than a Customer delay requested pursuant to Section 6.1, t...
Customer Launch Schedule Adjustments. 7.1.1 Base-lined Launch Services. Actual postponements or notices of postponement by Customer under this Article 7 for each base-lined Launch Service shall not extend beyond [CONFIDENTIAL MATERIAL REDACTED], after which date Contractor shall have the right to terminate the Launch Service pursuant to Section 21.4. In the event that a single actual postponement or notice of postponement, or cumulative actual postponements or notices of postponement, attributed to Customer of a base-lined Launch Service exceed a total of [CONFIDENTIAL MATERIAL REDACTED]
Customer Launch Schedule Adjustments. 7.1.1 Customer may request either a postponement or advancement of the Launch Period, Launch Slot or Launch Date by giving written notice to the Contractor representative set forth in Paragraph 9.2 requesting a new Launch Period, Launch Slot or Launch Date. The Parties will cooperate in good faith to select a new Launch Period, Launch Slot or Launch Date. However, in the event that the Parties cannot mutually agree within [***] days of Customer’s notice (or such shorter time period as Contractor may determine, in light of the proximity to the Launch), Contractor shall make such determination taking into account the available Launch Opportunities and the requirements and interests of Customer. Until a new Launch Period, Launch Slot or Launch Date is selected in accordance with this Paragraph 7.1, the then-current launch schedule shall remain in effect.
Customer Launch Schedule Adjustments. Customer may request either a postponement or advancement of the Launch Period, Launch Slot or Launch Date previously determined under Article 6 of this Contract entitled “Launch Schedule,” by giving written notice to Contractor requesting a new Launch Period or Launch Date. If the launch schedule adjustment results in a later Launch Period, Launch Slot or Launch Date, then the total number of calendar days of delay requested by Customer shall be attributed to Customer. The length of delay shall be measured from the first day of the then current Launch Period or Launch Slot or the Launch Date, if established, to the first day of the new Launch Period or Launch Slot or the new Launch Date, as applicable. The Parties will cooperate in good faith to select a new Launch Period, Launch Slot or Launch Date taking into account the requirements and interests of Customer and the requirements for a Launch Opportunity.
7.1.1 If Customer has elected to launch the first Inmarsat 4 series satellite on the Basic Launch Service in accordance with Paragraph 6.1, Customer may elect to switch such assignment and launch the second Inmarsat 4 series satellite on the Basic Launch Service at any time prior to sixty (60) days before the commencement of the launch campaign. Any postponements resulting from such reassignment shall be attributable to Customer.
7.1.2 Notwithstanding the provisions of Paragraph 7.1.1, Customer may elect to substitute a different Inmarsat 4 series satellite at any time prior to Launch. Any postponements resulting from such substitution shall be attributable to Customer. In the event that Customer’s substitution of a different satellite in accordance with this Paragraph 7.1.2 results in the postponement of the Launch Date once the Launch Vehicle erection process has begun, where the postponement requires that the Launch Vehicle be de-erected from the launch pad so that Contractor will be able to meet other contractual commitments, United States Government requirements or for other operational reasons, Customer will be liable for the costs directly incurred for such effort, including, without limitation, to de-erect, place and maintain in storage, re-erect and re-process the Launch Vehicle and Satellite and to re-integrate the Satellite. Total costs for such efforts that Customer shall be liable for shall not exceed U.S. $7,000,000. Such costs will be paid within thirty (30) days of receipt of Contractor’s invoice.
7.1.3 Postponements by Customer under t...
Customer Launch Schedule Adjustments