LAUNCH SERVICES PROCUREMENT Clause Samples

LAUNCH SERVICES PROCUREMENT. Contractor’s current intention is to Launch the Spacecraft on a Sea Launch Launch Vehicle with a minimum performance capability of XXX, within a launch window of XXX (the “Nominal Launch Plan”). Contractor may (at its sole cost, without any adjustment to the Promised Delivery Date or the deadlines set forth in Paragraph 18.A.1, and subject to its obligations under Paragraph 3.B) change the Launch Vehicle to be used to Launch the Spacecraft, provided that Contractor’s selection shall be subject to NSS’ prior written consent if the selected Launch Vehicle is not a Sea Launch Launch Vehicle or an Alternate Launch Vehicle. XXX. Contractor shall promptly notify NSS of any changes to the Nominal Launch Plan and of any other circumstance that would give rise to NSS’ approval rights hereunder. Contractor shall be responsible for entering into a Launch Services Agreement with the Launch Services Provider (which shall comply with the requirements of Exhibit L) and shall be responsible for all payments, launch campaign support and all other requirements of and obligations to the Launch Services Provider arising under the Launch Services Agreement and for any licenses or other authorizations that may be required under the Export Laws in connection with the Launch. Contractor shall be responsible for ensuring that the performance capability of the selected Launch Vehicle and the design and conduct of the launch campaign will enable Contractor to meet all of its obligations to NSS under this Contract, including the Delivery of the Spacecraft so that it will meet the Contracted Orbital Maneuver Life. Contractor shall provide NSS and its consultants with all reports, data and documentation generated by Contractor or provided to Contractor by the Launch Services Provider with respect to the Launch of the Spacecraft and provide NSS and its consultants complete access to all meetings, reviews, Spacecraft/Launch Vehicle integration activities at the Spacecraft factory and at the Launch Site, and Launch Vehicle anomaly or failure investigation activities related to the Launch of the Spacecraft to the same extent as Contractor has access thereto. Contractor shall use reasonable commercial efforts, acting on a non-discriminatory basis vis-à-vis itself and its other customers, to protect NSS’ interests in the conduct of the Launch by the Launch Services Provider, including in maintaining the current launch window and, in the event that the launch window must be changed due to a l...