Common use of Ground Storage Clause in Contracts

Ground Storage. If after Satellite Pre-Shipment Review, Purchaser places the Satellite in Ground Storage for reasons Attributable to Purchaser ([***]), Contractor will earn Orbital Performance Incentives and Purchaser will pay Orbital Performance Incentives in accordance with Article 35.3, together with interest thereon at the annual rate of [***]%, compounded [***] beginning on the first date that Orbital Performance Incentives are due pursuant to operation of Article 35.3 (such date being the “Incentive Start Date”) and ending on the date of payment. Any amounts paid pursuant to this Article 13.12 (the “Storage Incentives”) shall be applied by Contractor, including the interest payments, in satisfaction of the first Orbital Performance Incentives earned by Contractor following Launch, in accordance with this Article 13, until such Storage Incentives shall have been fully applied. Thereafter Contractor shall continue to earn Orbital Performance Incentives as provided in this Article 13, except that interest calculated on the amount of Orbital Performance Incentives earned during any quarterly period shall include interest thereon calculated at the annual rate of [***]% compounded [***], beginning on the Incentive Start Date and ending on the date of payment. To the extent that, due to the occurrence of a Total Loss of the Satellite after Launch, Contractor is not entitled to earn any or all of the Storage Incentives, Contractor shall refund the unearnable amount of Storage Incentives to Purchaser together with interest thereon at the annual rate of [***]%, compounded [***] beginning on the Incentive Start Date and ending on the date of payment.