Common use of Exclusivity Provisions Clause in Contracts

Exclusivity Provisions. In consideration of ViaSat’s obligations set forth in Section 4.4 below, ViaSat shall through the End of Life of the Satellite remain the sole and exclusive supplier of end-users broadband terminals (indoor modems and outdoor transceivers, antenna units and related software) and hub (SMTS) equipment for any two way service operated by a Canadian Operation (defined below) over the Loral Payload; provided that the terms of this paragraph shall continue to apply so long as (i) ViaSat remains in the business of the design, manufacture and distribution of equipment suitable for such applications for Eutelsat or other significant customers in addition to Loral, (ii) such terminals and equipment are of merchantable quality, (iii) and such terminals and equipment perform in accordance with final specifications provided to the Key Distributor (defined below), which shall be generally consistent with the specifications described on Annex 4.3 attached hereto and ViaSat does not materially breach the contractual obligations between ViaSat and Loral with respect to such performance specifications (collectively, the “ViaSat Obligations”). In the event ViaSat is in material breach of the ViaSat Obligations, the Canadian Operator shall provide notice to ViaSat of such breach and provide ViaSat no less than 60 days to cure such breach (and an opportunity to arbitrate the matter hereunder) prior to the ViaSat Obligations terminating.