Common use of Customer’s Right to Terminate Clause in Contracts

Customer’s Right to Terminate. If SpaceX is unable to provide Basic Launch Services within twelve (12) months following the Estimated Launch Date (with the exception of additional time resulting from an excusable delay as defined by section 10.1), Customer will, subject to a thirty (30) day written notice to SpaceX, have the option of terminating this Agreement. Separately, in the event of failure by SpaceX to comply with any other material provision of this Agreement after having been given a ninety (90) day period to cure such non-performance, Customer will have the option of terminating this Agreement. Upon such termination, Customer shall be entitled to receive a refund within 30 days of all payments actually made by Customer and received by SpaceX for Basic Launch Services pursuant to this Agreement (minus any penalties paid to SpaceX pursuant to Section 10.2 and any payments attributable to Federal range usage, payload integration fees, or third-party liability insurance fees, if applicable) up to the date of Termination and SpaceX shall have no further obligations or liability to Customer. The right to terminate and receive a refund is Customer's sole and exclusive remedy for termination in the event of delay in the launch of the Payload. Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to a confidentiality request. Omissions are designated [*** ***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.