Optional Launches Clause Samples
The "Optional Launches" clause defines the conditions under which a party may choose to initiate additional launches beyond those originally agreed upon in the contract. Typically, this clause outlines the process for requesting extra launches, including notification requirements, scheduling, and any associated costs or adjustments to the contract terms. Its core practical function is to provide flexibility for the customer to increase launch frequency or capacity as needed, while ensuring both parties have a clear framework for handling such changes and minimizing potential disputes.
Optional Launches. The Launch Periods for Optional Launch #1 and Optional Launch #2, shall be determined by CUSTOMER and identified in each of CUSTOMER’s option(s) activation notice to ARIANESPACE, provided that:
(i) the first day of the requested Launch Period for Optional Launch #1 shall not be prior to [***] months following the activation date of Optional Launch #1, and being further agreed that the last day of the said Launch Period shall not be later than [***]; and
(ii) the first day of the requested Launch Period for Optional Launch #2 shall not be prior to [***] months following the activation date of Optional Launch #2, and being further agreed that the last day of the said Launch Period shall not be later than [***]. Notwithstanding the above, ARIANESPACE shall consider any CUSTOMER request for an acceleration of the Launch Period(s) for the above Optional Launches, and subject to the availability of Launch Opportunities, shall offer CUSTOMER the first available Launch Period(s) closest to CUSTOMER’s desired Launch Period(s).
Optional Launches. The Launch Period for Optional Launches N° 1, 2, 3 and 4, shall be established within the Launch Term defined in Sub-paragraph 6.1 of Article 6 of this Agreement.
(i) For each of the Optional Launches N° 1, 2, 3 and 4, CUSTOMER shall notify ARIANESPACE by written notice to be received no later than TWELVE (12) months prior to the first day of the Launch Period desired by CUSTOMER for the corresponding Optional Launch, being further agreed that such Launch Periods shall not be earlier than the respective provisional Launch Periods defined in sub-paragraph (ii) hereinafter. Within ONE (1) month of receipt of CUSTOMER’s notice, ARIANESPACE shall inform CUSTOMER whether a Launch Opportunity exists within the desired Launch Period at CSG and if not will allocate the nearest subsequent Launch Period within which a Launch Opportunity exists and reserve the same Launch Period at BSC.
(ii) For the purpose of Article 10 and Article 18, the provisional Launch Periods for Optional Launches N°1, 2, 3 and 4 shall be defined at option exercise. The first day of each provisional Launch Periods shall not be earlier than EIGHTEEN (18) months following option exercise.
(iii) CUSTOMER may request ARIANESPACE to allocate Launch Periods enabling back-to-back Launch Campaigns for Optional Launches, if more than one Launch Option is exercised by CUSTOMER. It is agreed that the minimum period of time between two launches shall not be less than FORTY FIVE (45) days. ARIANESPACE shall then either allocate the requested Launch Periods or, depending on its available Launch Opportunities, allocate CUSTOMER the nearest series of successive Launch Periods.
Optional Launches. Subject to the terms of Article 5, Contractor shall provide to Customer: (i) Launch Services for up to six (6) dedicated Launches, each carrying two (2) Satellites, if converted to Firm Launch(es) by Customer, in accordance with the Statement of Work.