Common use of REPLACEMENT SATELLITE Clause in Contracts

REPLACEMENT SATELLITE. Contractor hereby grants to Purchaser an option to purchase one (1) replacement satellite identical to the SATMEX 8 Satellite (the “Replacement Satellite”). The price for such Replacement Satellite shall be [***] of which [***] constitutes the maximum [***] Contractor may earn with respect to the Replacement Satellite. Delivery of the Replacement Satellite shall be no later than the later to occur of: (i) [***] months after execution of the second contract or Contract amendment identified below and (ii) [***] months after Delivery of the SATMEX 8 Satellite). Commencing upon the date of execution of such second contract or Contract amendment, Contractor shall immediately proceed with all work necessary to manufacture such Replacement Satellite. The option shall remain valid until one (1) year after the Launch of the Satellite (the “Replacement 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 Replacement Satellite under a change order pursuant to Article 15. 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 Replacement Satellite Exercise Period. In such event, the Parties shall document Purchaser’s agreement to purchase the Replacement Satellite and Contractor’s agreement to manufacture 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 Replacement Satellite. Only upon execution of such second contract or Contract amendment shall Purchaser be financially obligated to Contractor with respect to the Replacement Satellite and shall Contractor be obligated to perform with respect thereto.

REPLACEMENT SATELLITE. Contractor hereby grants to Purchaser an option to purchase one (1) replacement satellite identical to the SATMEX 8 Primary Satellite provided hereunder (including a DSS, updates to Deliverable Data, as required, Launch Support Services and Mission Operations Support Services) (the “Replacement Satellite”). The price for such Replacement Satellite shall be [***] of which U.S. dollars ($[***]) as adjusted pursuant to Article 4.6 ([***] constitutes the maximum percent ([***] ]%) of which constitutes the maximum Orbital Performance Incentives Contractor may earn with respect to the Replacement Satellite) and apportioned as follows: (i) [***] U.S. dollars (U.S.$ [***] is the portion of the Replacement Satellite price to be paid by Purchaser hereunder; and [***] U.S. dollars (U.S.$[***]) is the portion of the Replacement Satellite to be paid by [***]. Delivery of for the Replacement Satellite shall be no later than the later to occur of: (i) [***] thirty-four (34) months after execution of the second contract or Contract amendment identified below and (ii) [***] four (4) months after Delivery of the SATMEX 8 Satellite). Commencing upon the date of execution of such second contract or Contract amendment, Contractor shall immediately proceed with all work Work necessary to manufacture build such Replacement Satellite. The option shall remain valid until one (1) year after the Launch from Delivery of the Satellite (the “Replacement 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 Replacement Satellite under a change order pursuant to Article 1516. 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 Replacement Satellite Exercise Period. In such event, the Parties shall document Purchaser’s agreement to purchase the Replacement Satellite and Contractor’s agreement to manufacture 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 Replacement Satellite. Only upon execution of such second contract or Contract amendment shall Purchaser be financially obligated to Contractor ***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 with respect to the Replacement Satellite and shall Contractor be obligated to perform with respect thereto.