REPLACEMENT LAUNCH. 13.1 Inmarsat may request a replacement launch in the event of a Total Failure or Constructive Total Failure. 13.2 The request for a replacement launch must be in writing and received by Sea Launch no later than ninety (90) days after the determination of a Total Failure or Constructive Total Failure. The request shall indicate the Launch Period desired for the replacement launch. 13.3 Sea Launch shall inform Inmarsat, after receipt of the request, if a Launch Opportunity exists in the requested Launch Period. If a Launch Opportunity does not exist in the requested Launch Period, the Parties will negotiate in good faith to reach a mutually acceptable Launch Period. 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 configuration and mission requirements of the Spacecraft selected by Inmarsat for the replacement launch shall be sufficiently similar to avoid any need for mission analysis or for Launch Vehicle or interface changes. 13.6 Inmarsat shall pay Sea Launch the same price for the replacement launch as paid for the Launch declared a Total Failure or Constructive Total Failure, subject to escalation at a rate of ****% per year 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 Inmarsat shall make payment for the replacement launch in accordance with the payment schedule set forth in Article 5, Payments. Inmarsat shall make the initial payment at the time of the written agreement establishing the Launch Period of the replacement launch in accordance with Paragraph 13.3. The initial payment shall include all past due sums. 13.8 The remedies set forth in this Article 13 shall constitute the sole and exclusive remedies of Inmarsat for Total Failure or Constructive Total Failure.
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REPLACEMENT LAUNCH. 13.1 Inmarsat may request a replacement launch in the event of a Total Failure or Constructive Total Failure.
13.2 The request for a replacement launch must be in writing and received by Sea Launch no later than ninety (90) days after the determination of a Total Failure or Constructive Total Failure. The request shall indicate the Launch Period desired for the replacement launch.
13.3 Sea Launch shall inform Inmarsat, after receipt of the request, if a Launch Opportunity exists in the requested Launch Period. If a Launch Opportunity does not exist in the requested Launch Period, the Parties will negotiate in good faith to reach a mutually acceptable Launch Period.
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 configuration and mission requirements of the Spacecraft selected by Inmarsat for the replacement launch shall be sufficiently similar to avoid any need for mission analysis or for Launch Vehicle or interface changes.
13.6 Inmarsat shall pay Sea Launch the same price for the replacement launch as paid for the Launch declared a Total Failure or Constructive Total Failure, subject to escalation at a rate of ****% * per year 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 Inmarsat shall make payment for the replacement launch in accordance with the payment schedule set forth in Article 5, Payments. Inmarsat shall make the initial payment at the time of the written agreement establishing the Launch Period of the replacement launch in accordance with Paragraph 13.3. The initial payment shall include all past due sums.
13.8 The remedies set forth in this Article 13 shall constitute the sole and exclusive remedies of Inmarsat for Total Failure or Constructive Total Failure.
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