Common use of REPLACEMENT LAUNCH Clause in Contracts

REPLACEMENT LAUNCH. 13.1 PanAmSat may request a replacement launch in the event of a Total Failure, Constructive Total Failure or Partial Failure. 13.2 A request by PanAmSat for a replacement launch shall be in writing and received by Sea Launch [************************] after the determination of a Total Failure, Constructive Total Failure or Partial Failure. The request shall indicate the Launch Period desired for the replacement launch. 13.3 Sea Launch shall inform PanAmSat, after receipt of PanAmSat's request, if a Launch Opportunity exists as requested. If a Launch Opportunity does not exist as requested, the Parties will negotiate in good faith a mutually acceptable Launch Period. Sea Launch shall provide a replacement launch within [****************] of the receipt of PanAmSat's written request for a replacement launch, subject to Paragraph 13.5 in the case of a New Spacecraft Type. 13.4 Any agreement reached by the Parties on a replacement launch shall be in writing. The replacement launch shall be provided in accordance with the terms and conditions of the Contract. 13.5 The Spacecraft selected by PanAmSat for the replacement launch shall be a Prior Spacecraft Type; provided, however, that PanAmSat shall pay to Sea Launch its actual and reasonable costs of performing any mission analysis materially different from that for the failed Spacecraft, [*******************] provided, further, that PanAmSat shall be entitled to designate a New Spacecraft Type for a replacement launch, in which event (i) PanAmSat shall pay to Sea Launch its actual and reasonable costs for interface and integration of such New Spacecraft Type and the Launch Vehicle, and (ii) the Parties shall negotiate in good faith a Launch Schedule for such replacement launch due to additional time required for such interface and integration work. Any amounts payable by PanAmSat under this Paragraph 13.5 shall be due and payable pro rata in accordance with the payment schedule for such replacement launch. 13.6 PanAmSat shall pay Sea Launch the same price for the replacement launch as paid for the Launch declared a Total Failure, Constructive Total Failure or Partial Failure, subject to escalation at a rate of [***********************] calculated from the first day of the Launch Period established at the time of Contract award to the first day of the Launch Period agreed upon by the Parties in accordance with Paragraph 13.3. [***************************************************** ********************************************************************** ******************************************************************] 13.7 Payment for the replacement launch shall be made by PanAmSat in accordance with the payment schedule set forth in Article 5, Payments. The initial payment shall be made by PanAmSat at the time of the written agreement on the Launch Period of the replacement launch in accordance with Paragraph 13.

REPLACEMENT LAUNCH. 13.1 PanAmSat may request a replacement launch in 12.1 In the event of that ICO determines that the Launch results in a Total Failure within the first [*], then ICO shall have the right to require Launch Provider to perform another launch service in accordance with this Article 12.1 (the “Replacement Launch”). 12.1.1 If ICO has a Failure, Constructive Total Failure or Partial FailureICO’s right to obtain the Replacement Launch is exercisable by written notice (the “Replacement Launch Notice”), which ICO shall provide not later than [*]. 13.2 A request by PanAmSat 12.1.2 The Replacement Launch Notice shall indicate the new ninety (90) day Launch Period desired for a replacement launch the Replacement Launch. Launch Provider shall be in writing and received by Sea Launch use [************************] after the determination of a Total Failure, Constructive Total Failure or Partial Failure. The request shall indicate to provide ICO with the Launch Period desired for the replacement launch. 13.3 Sea Replacement Launch. Launch Provider shall inform PanAmSatICO, within fifteen (15) days after receipt of PanAmSat's requestthe Replacement Launch Notice, if a Launch Opportunity exists as requestedin the Launch Period requested by ICO. If a Launch Opportunity does not exist as requestedin the requested Launch Period, the Parties will negotiate in good faith and designate a mutually acceptable Launch Period. Sea Period for the Replacement Launch shall provide a replacement launch within [****************] after Launch Provider’s receipt of the receipt of PanAmSat's written request Replacement Launch Notice exercising its option for a replacement launch, subject to Paragraph 13.5 in the case of a New Spacecraft Type.Replacement Launch; [*] 13.4 Any agreement reached by the Parties on a replacement launch shall be in writing. 12.1.3 The replacement launch Replacement Launch shall be provided in accordance with the terms and conditions of the Contract, except the Replacement Launch Price, the determination of the Launch Period for the Replacement Launch, the payment schedule for the Replacement Launch and the Termination Schedule shall be as set forth in this Article 12, REPLACEMENT LAUNCH. Once the Parties have selected a Launch Period for the Replacement Launch, the Parties shall prepare and sign an amendment to this Contract that documents the terms and conditions of such Replacement Launch. 13.5 The Spacecraft selected by PanAmSat 12.1.4 Launch Provider shall in good faith provide ICO a price for the replacement launch Replacement Launch (“Replacement Launch Price”) at least [*]. If ICO exercises a Replacement Launch, ICO shall pay the Replacement Launch Price in accordance with Article 12.1.5. 12.1.5 ICO shall make payments for the Replacement Launch in accordance with the following payment schedule, as such schedule may be amended or revised pursuant to this Contract: [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED [*] In the event Launch Provider postpones the Launch Schedule for the Launch Service pursuant to Article 6.2, all payments under this Article 12.1.5 which have not already been paid shall be suspended on a day-for-day basis for the length of the postponement and then resumed with all remaining payments postponed by the length of the postponement. 12.1.6 ICO may select a Prior Spacecraft Type; providedType or New Spacecraft Type for the Replacement Launch. The Replacement Launch Price provided by Launch Provider in accordance with Article 12.1.4 shall include a price for the re-launch of a spacecraft identical to the Spacecraft, however, as well as for the launch of a Prior Spacecraft Type that PanAmSat shall pay to Sea Launch its actual and reasonable costs of performing any mission analysis materially is different from that the Spacecraft. If requested by ICO in the Replacement Launch Notice, Launch Provider will also provide an incremental price for the failed Spacecraft, [*******************] provided, further, that PanAmSat shall be entitled to designate launch of a New Spacecraft Type for a replacement launchspecified by ICO. 12.1.7 The following Termination Schedule shall apply to the Replacement Launch: With respect to the Termination Schedule above, in which event (i) PanAmSat shall pay to Sea Launch its actual and reasonable costs for interface and integration of such New Spacecraft Type and the Launch Vehicle, and (ii) the Parties shall negotiate in good faith a Launch Schedule for such replacement launch due to additional time required for such interface and integration work. Any amounts payable by PanAmSat under this Paragraph 13.5 Termination Damages shall be due and payable pro rata in accordance with calculated pursuant to the payment schedule for such replacement launch. 13.6 PanAmSat terms of Article 13.1.1, except the maximum recoverable Termination Damages shall pay Sea Launch the same price for the replacement launch as paid for the Launch declared a Total Failure, Constructive Total Failure or Partial Failure, subject to escalation at a rate of be [**********************] [*] calculated from the first day of the Launch Period established at the time of Contract award to the first day of the Launch Period agreed upon by the Parties in accordance with Paragraph 13.3. [***************************************************** ********************************************************************** ******************************************************************] 13.7 Payment for the replacement launch shall be made by PanAmSat in accordance with the payment schedule set forth in Article 5, Payments. The initial payment shall be made by PanAmSat at the time of the written agreement on the Launch Period of the replacement launch in accordance with Paragraph 13.CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED

REPLACEMENT LAUNCH. 13.1 PanAmSat may request a replacement launch in 12.1 In the event of that ICO determines that the Launch results in a Total Failure within the first six (6) months after the Launch, then ICO shall have the right to require Launch Provider to perform another launch service in accordance with this Article 12.1 (the “Replacement Launch”). 12.1.1 If ICO has a Failure, Constructive Total Failure or Partial FailureICO’s right to obtain the Replacement Launch is exercisable by written notice (the “Replacement Launch Notice”), which ICO shall provide not later than [*]. 13.2 A request by PanAmSat 12.1.2 The Replacement Launch Notice shall indicate the new ninety (90) day Launch Period desired for a replacement launch the Replacement Launch. Launch Provider shall be in writing and received by Sea Launch use [************************] after the determination of a Total Failure, Constructive Total Failure or Partial Failure. The request shall indicate to provide ICO with the Launch Period desired for the replacement launch. 13.3 Sea Replacement Launch. Launch Provider shall inform PanAmSatICO, within fifteen (15) days after receipt of PanAmSat's requestthe Replacement Launch Notice, if a Launch Opportunity exists as requestedin the Launch Period requested by ICO. If a Launch Opportunity does not exist as requestedin the requested Launch Period, the Parties will negotiate in good faith and designate a mutually acceptable Launch Period. Sea Period for the Replacement Launch shall provide a replacement launch within [****************] after Launch Provider’s receipt of the receipt of PanAmSat's written request Replacement Launch Notice exercising its option for a replacement launch, subject to Paragraph 13.5 in the case of a New Spacecraft Type.Replacement Launch; [*] 13.4 Any agreement reached by the Parties on a replacement launch shall be in writing. 12.1.3 The replacement launch Replacement Launch shall be provided in accordance with the terms and conditions of the Contract, except the Replacement Launch Price, the determination of the Launch Period for the Replacement Launch, the payment schedule for the Replacement Launch and the Termination Schedule shall be as set forth in this Article 12, REPLACEMENT LAUNCH. Once the Parties have selected a Launch Period for the Replacement Launch, the Parties shall prepare and sign an amendment to this Contract that documents the terms and conditions of such Replacement Launch. 13.5 The Spacecraft selected by PanAmSat 12.1.4 Launch Provider shall in good faith provide ICO a price for the replacement launch Replacement Launch (“Replacement Launch Price”) at least [*]. If ICO exercises a Replacement Launch, ICO shall pay the Replacement Launch Price in accordance with Article 12.1.5. 12.1.5 ICO shall make payments for the Replacement Launch in accordance with the following payment schedule, as such schedule may be amended or revised pursuant to this Contract: [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED [*] In the event Launch Provider postpones the Launch Schedule for the Launch Service pursuant to Article 6.2, all payments under this Article 12.1.5 which have not already been paid shall be suspended on a day-for-day basis for the length of the postponement and then resumed with all remaining payments postponed by the length of the postponement. 12.1.6 ICO may select a Prior Spacecraft Type; providedType or New Spacecraft Type for the Replacement Launch. The Replacement Launch Price provided by Launch Provider in accordance with Article 12.1.4 shall include a price for the re-launch of a spacecraft identical to the Spacecraft, however, as well as for the launch of a Prior Spacecraft Type that PanAmSat shall pay to Sea Launch its actual and reasonable costs of performing any mission analysis materially is different from that the Spacecraft. If requested by ICO in the Replacement Launch Notice, Launch Provider will also provide an incremental price for the failed Spacecraft, [*******************] provided, further, that PanAmSat shall be entitled to designate launch of a New Spacecraft Type for a replacement launchspecified by ICO. 12.1.7 The following Termination Schedule shall apply to the Replacement Launch: With respect to the Termination Schedule above, in which event (i) PanAmSat shall pay to Sea Launch its actual and reasonable costs for interface and integration of such New Spacecraft Type and the Launch Vehicle, and (ii) the Parties shall negotiate in good faith a Launch Schedule for such replacement launch due to additional time required for such interface and integration work. Any amounts payable by PanAmSat under this Paragraph 13.5 Termination Damages shall be due and payable pro rata in accordance with calculated pursuant to the payment schedule for such replacement launch. 13.6 PanAmSat terms of Article 13.1.1, except the maximum recoverable Termination Damages shall pay Sea Launch the same price for the replacement launch as paid for the Launch declared a Total Failure, Constructive Total Failure or Partial Failure, subject to escalation at a rate of be [**********************] [*] calculated from the first day of the Launch Period established at the time of Contract award to the first day of the Launch Period agreed upon by the Parties in accordance with Paragraph 13.3. [***************************************************** ********************************************************************** ******************************************************************] 13.7 Payment for the replacement launch shall be made by PanAmSat in accordance with the payment schedule set forth in Article 5, Payments. The initial payment shall be made by PanAmSat at the time of the written agreement on the Launch Period of the replacement launch in accordance with Paragraph 13.CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED