Option Satellite Clause Samples

Option Satellite. Purchaser shall have an option (the “Satellite Option”), which Purchaser may exercise in writing at any time (“Satellite Option Exercise”) during the period from EDC until December 31, 2008, to order an additional satellite (the “Option Satellite”) [*]. Upon Satellite Option Exercise, Contractor shall construct and Deliver the Option Satellite, and shall perform all Launch Support Services, Mission Operations Support Services, training and other services in accordance with the terms and conditions of this Contract, except as expressly modified by this Article 24. For purposes of clarification, there will be no FFC Incentive Payments (Article 5.2.3A) or liquidated damages for FCC Events (Article 22.2) with respect to the Option Satellite. Contractor shall Deliver the Option Satellite on or before [*] 24.1.1 The total Option Satellite price includes Launch Support Services, Mission Operations Support Services and other services required to be provided by Contractor under this Contract. The payment plan for the Option Satellite shall be the payment plan applicable at the time of the Satellite Option Exercise set forth on Exhibit F, Payment Plan and Termination Liability Amount (with reference to “Option Satellite Payment Plan”). The price for the Option Satellite (the “Satellite Option Price”) shall be determined in accordance with the following table based upon the date of the Satellite Option Exercise: [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED. From EDC [*] December 31, 2008 [*]

Option Satellite. Contractor hereby grants to Purchaser an option to purchase one (1) additional Substantially Similar Satellite (including a DSS, updates to Deliverable Data, as required, Launch Support Services and Mission Operations Support Services) (the “Option Satellite”) at the optional pricing set forth in the table below (to be established following the process defined in Article 2.1 above, and to reflect the adjustments necessary to convert from the Primary Satellite configuration to a sixty (60) U.S. beam only configuration, with such pricing to be provided no later than March 2, 2008). Delivery for the Option Satellite shall be no later than the later to occur of: (i) thirty six (36) months after execution of the second contract or Contract amendment identified below; and (ii) four (4) months after Delivery of the Primary Satellite. Commencing upon ***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 the date of execution of such second contract or Contract amendment, Contractor shall immediately proceed with all Work necessary to build such Option Satellite. The option shall remain valid from EDC until two (2) years from EDC (the “Option Satellite Exercise Period”), provided that Purchaser may require Contractor to extend the validity of the option and/or change the design and/or specifications of the Option Satellite under a change order pursuant to Article 16. If Purchaser wishes to exercise such option, it may do so by providing notice to Contractor at any time prior to the expiration of the Option Satellite Exercise Period. In such event, the Parties shall document Purchaser’s agreement to purchase the Option Satellite and Contractor’s agreement to build and deliver such satellite by entering into either, at Purchaser’s option, an amendment to this Contract or a second contract that has terms and conditions identical in all relevant material respects to this Contract except for such differences as are reasonably necessary or appropriate to indicate that the second contract applies to the Option Satellite. Only upon execution of such second contract or Contract amendment shall Purchaser be financially obligated to Contractor with respect to the Option Satellite and shall Contractor be obligated to perform with respect thereto. Within EDC + 6 months TBD Between EDC + 6 months and EDC + 12 months TBD Between EDC + 12 months and EDC + 18 mont...