Launch Failure Clause Samples

The Launch Failure clause defines the procedures and consequences that apply if a launch does not succeed as planned. Typically, this clause outlines what constitutes a launch failure, such as the inability to reach the intended orbit or a malfunction during ascent, and specifies the remedies available to the affected parties, which may include rescheduling the launch, providing a refund, or offering a replacement service. Its core practical function is to allocate risk and clarify the responsibilities and recourse in the event of a failed launch, thereby providing certainty and protection for both the service provider and the customer.
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Launch Failure. ARIANESPACE shall perform a Reflight, in accordance with the provisions of this Agreement, provided that no further payment by CUSTOMER to ARIANESPACE shall be due for the provision of (i) Launch Services for the Launch of a replacement Satellite on condition that the maximum mass of such Satellite is equal to the mass of the initial Satellite, and (ii) such Associated Services as are retained by CUSTOMER as of the date of execution of this Agreement, except as provided for in Paragraph 8.2 of Article 8 of this Agreement, in case of postponement.
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Launch Failure. The performance of the Launch Services hereunder shall be considered to be a Total Failure, a Constructive Total Failure or a Partial Failure in the event that loss of or damage to one, two or all three satellites is caused solely and directly by Launch Vehicle failure or Launch Vehicle- induced conditions more severe than those specified in the Interface Control Document.
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Launch Failure. Lift-off of the Electron launch vehicle where such launch vehicle does not reach its intended altitude or orbit.
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Launch Failure a. In the event of a launch failure, the Government of New Zealand shall permit U.S. Participants to assist in the search for and recovery of any U.S. Launch Vehicles, U.S. Spacecraft, Related Equipment, and/or components or debris thereof from all accident sites in locations subject to the jurisdiction and/or control of New Zealand. The Government of New Zealand shall ensure that U.S. Government emergency search personnel have access to the accident site, unless operational imperatives to be mutually determined by the Parties require otherwise. If there is reason to believe that the search and recovery of the U.S. Launch Vehicle, U.S. Spacecraft, Related Equipment, and/or components or debris thereof will affect the interests of a third state, the Parties shall consult expeditiously with the government of that state regarding the coordination of procedures for conducting search operations, without prejudice to the rights and obligations of all concerned states under international law, including those arising out of the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space of April 22, 1968. b. The Government of New Zealand shall ensure that a “debris recovery site” for the storage of identified U.S. Launch Vehicle, U.S. Spacecraft, Related Equipment, and/or components or debris thereof, which is subject to the provisions of Article VI, is located at launch facilities in New Zealand and/or another location agreed to by the Parties. Access to any such location shall be controlled as provided in Article VI of this Agreement, as appropriate. c. The Government of New Zealand shall ensure that all identified U.S. Launch Vehicle, U.S. Spacecraft, Related Equipment, and/or components or debris thereof recovered by N.Z. Representatives are returned to U.S. Participants without such items or debris being studied or photographed in any way, except in circumstances and in accordance with procedures, to be mutually determined by the Parties, to protect U.S. Launch Vehicles, U.S. Spacecraft, Related Equipment, and Technical Data from unauthorized disclosure. d. The Government of the United States of America and the Government of New Zealand agree to authorize the U.S. Licensees and N.Z. Licensees respectively, through licenses or permits, to provide, to the extent the national security interests and foreign policy of the respective states permit, information necessary to determine the cause of the accident....
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Launch Failure. The performance of the Launch and Integration Services hereunder shall he considered to be a Launch Failure in the event that loss of or damage to Customer's Payload is caused solely and directly by Launch Vehicle or NEAP failure.
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Launch Failure. ARIANESPACE shall perform a Reflight, in accordance with the provisions of this Agreement, provided that no further payment by CUSTOMER to ARIANESPACE shall be due for the * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. provision of (i) Launch Services for the Launch of a replacement Satellite on condition that the maximum mass of such Satellite is substantially similar to or less than the mass of the initial Satellite and (ii) such Associated Services as are retained by CUSTOMER as of the date of execution of this Agreement, except as provided for in Paragraph 8.2 of Article 8 of this Agreement, in case of postponement.
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Launch Failure. The performance of the Launch Services hereunder shall be considered to be a Launch Failure in the event that loss of or damage to the CUSTOMER Spacecraft is caused solely and directly by Launch Vehicle failure or Launch Vehicle-induced conditions more severe than those specified in the Statement of Work, Exhibit A hereto, specifically: 9.2.1 The CUSTOMER Spacecraft is not placed into the orbit specified in the Statement of Work, or was placed there with release tip-off rates greater than those specified in the Statement of Work, or was (re) contacted by the fairing, bus, or other rocket components during ascent and release, or if the maneuvers performed by the bus are not in accordance with the Mission Analysis; or 9.2.2 The CUSTOMER Spacecraft is exposed to shock or other mechanical, acoustic, or electromagnetic loads more severe than that specified in the SOW, as measured on the Launch Vehicle or spacecraft telemetry; or 9.2.3 The time sequence for pre-launch and launch actions, including individual tolerances identified for each time-sensitive event, is not followed as in the Mission Analysis.
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Launch Failure. If either QuickBird 2 shall (i) fail to launch on or -------------- before November 30, 2001, other than as a result of the failure of the Vendor to deliver the Satellite in material compliance with the terms, conditions and specifications set forth in the Project Contract, or (ii) fail to launch for any reason on or before October 15, 2002, then the Borrower shall prepay all of the Term Loans and all other Obligations then outstanding on the date specified by the Lender. Further, if QuickBird 2 shall fail to launch on or before April 15, 2002, the Interest Rate after that date shall be equal to the lesser of (a) fifteen percent (15%) per annum or (b) the Maximum Rate.
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Launch Failure. ARIANESPACE shall perform a Reflight, in accordance with the provisions of this Agreement, provided that no further payment by CUSTOMER to ARIANESPACE shall be due for the provision of (i) Launch Services for the Launch of a replacement Satellite on condition that the maximum mass of such Satellite is substantially similar to or less than the mass of the initial Satellite and (ii) such Associated Services as are retained by CUSTOMER as of the date of execution of this Agreement, except as provided for in Paragraph 8.2 of Article 8 of this Agreement, in case of postponement. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
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Related to Launch Failure

  • Equipment Failures In the event of equipment failures beyond the Administrator's control, the Administrator shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto. The Administrator shall develop and maintain a plan for recovery from equipment failures which may include contractual arrangements with appropriate parties making reasonable provision for emergency use of electronic data processing equipment to the extent appropriate equipment is available.

  • Payment Failure Any Credit Party (i) fails to pay any principal when due under this Agreement or (ii) fails to pay, within three Business Days of when due, any other amount due under this Agreement or any other Credit Document, including payments of interest, fees, reimbursements, and indemnifications;

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Epidemic Failure Remedy If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.