Satellite. Title (free and clear of all Contractor-incurred liens and encumbrances of any kind) and risk of loss or damage to the Satellite shall pass from Contractor to Purchaser at the time of Intentional Ignition of the Launch Vehicle used for the Launch of the Satellite; provided, however, in the event of a Terminated Ignition for the Satellite, title and risk of loss or damage to the Satellite shall revert to Contractor upon such Terminated Ignition and shall again pass to Purchaser upon the subsequent Intentional Ignition of the Launch Vehicle used for Launch of the Satellite. Notwithstanding the foregoing, in no event shall Purchaser be entitled to Launch or take title to the Satellite unless and until all amounts then-currently due to Contractor from Purchaser under this Contract have been paid to Contractor in full (unless such amounts are in dispute pursuant to Article 5.6). In addition, Purchaser’s right to take possession and/or title to Work-in-Process, Raw Materials and Finished Goods shall be subject to the terms and conditions as set forth in the applicable Articles hereto. UPON AND AFTER INTENTIONAL IGNITION OF THE LAUNCH VEHICLE FOR THE SATELLITE, UNLESS AND TO THE EXTENT OF A TERMINATED IGNITION AS PROVIDED HEREIN, CONTRACTOR’S SOLE FINANCIAL RISK, AND THE SOLE AND EXCLUSIVE REMEDIES OF PURCHASER OR ANY PARTY ASSOCIATED WITH PURCHASER, WITH RESPECT TO THE USE OR PERFORMANCE OF THE SATELLITE (INCLUDING WITH RESPECT TO ANY ACTUAL OR CLAIMED DEFECT CAUSED OR ALLEGED TO BE CAUSED AT ANY TIME BY CONTRACTOR’S OR ANY OF ITS SUBCONTRACTORS’ NEGLIGENCE OF ANY DEGREE) SHALL BE AS SET FORTH IN ARTICLES 13, 15.2, 19, AND 35.2, IN ALL CASES SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN ARTICLE 30. In the event of a Terminated Ignition, Contractor shall inspect the Satellite and provide Purchaser with a report on the condition of the Satellite along with a recommendation for repair or replacement, if any is required. Thereafter, Purchaser shall direct Contractor pursuant to Article 16.1 as to how to proceed with any required or desired repairs or storage. [Use or disclosure of the data contained on this page is subject to the restrictions set forth in this Contract.]
Satellite. The letter was dated and addressed to the Security Project Manager of U. S. Satellite and read: Please have all equipment to be installed in the Osco Drug Store #813 in South Bend, IN shipped to our affiliate in that area: American Eagle Security Attn: Xx. Xxx Xxx 00000 Xxxxx Xxxx South Bend, IN 46628 As agreed, SSI, and or its affiliates, will install a burglar alarm system and a CCTV monitoring system in the aforementioned store for the price of $9975 (nine thousand nine hundred seventy five dollars). It is understood that USSC/American Stores will supply all equipment to be installed and that American Stores will have each store prewired, with all necessary junction boxes and conduit laid prior to our installation of these systems. If for some reason American Stores fails to prewire said facilities, SSI, and/or its affiliates, will run the wire, lay the conduit and install the needed boxes for an additional price of $1800 (one thousand eight hundred dollars) per store, for a total price of $11,775 (eleven thousand seven hundred seventy five dollars). SSI shall provide on sight inspection of the store, and USSC/American Stores shall pay SSI the agreed upon amounts for its services within 30 days after the completion of the installation of said systems. Thank you for allowing SSI to be of service. Warmest Regards, Xxxxx X. Xxxxxxxxx
Satellite. Notwithstanding any prior inspection, Contractor warrants that the Satellite shall be free from defects in materials and workmanship and shall have been manufactured and will perform in conformity with the requirements of the Contract including Exhibit B, Satellite Performance Specifications (as may be modified or deviated from pursuant to Article 9.3). After successful completion of the SPSR, but prior to Intentional Ignition, Contractor’s only liability under the preceding sentence shall be as and to the extent set forth in Article 9.1.7 hereof. NOTWITHSTANDING THE ABOVE, AFTER INTENTIONAL IGNITION OF THE LAUNCH VEHICLE FOR THE SATELLITE, UNLESS AND TO THE EXTENT OF A TERMINATED IGNITION AS PROVIDED IN ARTICLE 12.1, NEITHER CONTRACTOR NOR ITS SUPPLIERS OR AGENTS AT ANY TIER SHALL INCUR ANY LIABILITY WHATSOEVER WITH RESPECT TO THE SATELLITE’S DESIGN, WORKMANSHIP, CONFORMITY TO SPECIFICATION OR IN-ORBIT PERFORMANCE, INCLUDING ANY ASSISTANCE OR ADVICE (ACTUAL OR ATTEMPTED) PROVIDED OR OMITTED AS CONTEMPLATED BY ARTICLES 15.2 AND 35.2 HEREOF, ARISING FROM ANY CAUSE OR LEGAL THEORY WHATSOEVER, INCLUDING NEGLIGENCE OF ANY DEGREE, WHETHER ARISING BEFORE OR AFTER INTENTIONAL IGNITION, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN ARTICLES 13 AND 19 HEREIN AND EXCEPT TO PROVIDE THE SERVICES SET FORTH IN ARTICLES 15 AND 35.2. NOTWITHSTANDING THE FOREGOING, CONTRACTOR SHALL CONTINUE TO PROVIDE ANY NOTICES REQUIRED UNDER ARTICLE 14. [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED.
Satellite. Contractor warrants that from completion of SPSR up to Intentional Ignition of the Launch Vehicle (unless and to the extent of a Terminated Ignition where Contractor reacquires title and risk of loss or damage for the Satellite as provided in Article 12.1(A), in whichcase the warranty obligation will reattach but, as to any damaged Component, only after repair and replacement of such damaged Component pursuant to Article 12.1(B) and the warranty period shall continue through the subsequent Intentional Ignition), the Satellite shall be free of any Defects and shall be manufactured and will perform in conformity with applicable requirements of Exhibit B, Satellite Performance Specification (as modified by any waiver and/or deviation pursuant to Article 9.1.4). If the Satellite or any part thereof (including software integrated into the Satellite) does not conform to the above warranty, Contractor shall at any time during the applicable warranty period and irrespective of prior inspections or approvals proceed in accordance with Article 9.1.10 hereof.
Satellite. Boeing warrants that the Satellite to be delivered under this Contract shall be free from Non-Conformances in materials or workmanship and shall conform to the applicable specifications and requirements as specified by Exhibit B (Satellite and Common Subsystem Technical Specification) and Exhibit B2 (F-2 (Satmex 7) Payload and Satellite Unique Technical Specification) (as modified by any waiver and/or deviation pursuant to Article 7.4 (Waivers and Deviations)). This warranty shall begin at BOEING / SATMEX PROPRIETARY FOIA CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS (***). COPIES OF THE EXHIBIT CONTAINING THE REDACTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE COMMISSION SUBJECT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT. Preliminary Acceptance and end at Intentional Ignition (or in the event of a Terminated Ignition, shall reattach upon Boeing reacquiring risk of loss as provided in Article 12.1 (Satellite), and then shall end upon any subsequent Intentional Ignition). This warranty shall expire one year after Preliminary Acceptance for a Satellite or upon Intentional Ignition, whichever comes first, unless the warranty is extended through a Major Change Order pursuant to Article 24.1 (Material Changes Requested by Customer) in connection with post-Delivery storage of a Satellite as contemplated under Article 34.4 (Storage Prices). After completion of the PSR, Boeing’s only liability under the preceding sentences shall be as and to the extent set forth in Article 7.8 (Correction of Non-Conformances after PSR) and Article 12.1 (Satellite) (in the event, and to the extent, of a Terminated Ignition). AFTER INTENTIONAL IGNITION OF THE LAUNCH VEHICLE FOR THE SATELLITE, UNLESS AND TO THE EXTENT OF A TERMINATED IGNITION WHERE BOEING RE-ACQUIRES TITLE AND RISK OF LOSS FOR THE SATELLITE AS PROVIDED IN ARTICLE 12.1 (SATELLITE), NEITHER BOEING NOR ITS SUPPLIERS OR AGENTS AT ANY TIER SHALL HAVE ANY LIABILITY OR OBLIGATION WHATSOEVER WITH RESPECT TO SUCH SATELLITE’S DESIGN, WORKMANSHIP, CONFORMITY TO SPECIFICATION OR PERFORMANCE, INCLUDING ANY ASSISTANCE OR ADVICE (ACTUAL OR ATTEMPTED) PROVIDED OR OMITTED AS CONTEMPLATED BY ARTICLE 17.3 (SATELLITE NON-CONFORMANCES AND ANOMALIES), ARTICLE 30 (CORRECTIVE MEASURES) AND ARTICLE 31.1 (BOEING SUPPORT FOR CUSTOMER LAUNCH AND IN-ORBIT INSURANCE POLICY), ARISING...
Satellite. 12.1.1(A) [***]. [***], title to and risk of loss or damage for the Satellite shall pass from Contractor to Purchaser at the time of Intentional Ignition of the Launch Vehicle used for the Launch of such Satellite. In the event of a Terminated Ignition not resulting in Total Loss, title to and risk of loss or damage for such Satellite shall revert to Contractor upon such Terminated Ignition. If Contractor re-acquires title and risk of loss or damage as set forth in the immediately preceding sentence, title to and risk of loss or damage for the Satellite shall again pass to Purchaser upon the subsequent Intentional Ignition of the Launch Vehicle used for Launch of such Satellite. Prior to Intentional Ignition, the Parties shall agree to appropriate revisions to certain definitions (i.e., Intentional Ignition, Launch, Terminated Ignition, and other related provisions) as required to ensure that risk of loss transfers from Contractor to Purchaser in a manner that does not result in a lack (or gap in time) of insurance coverage for the Satellite at any time between the time period covered by the Ground Insurance to be provided by Contractor pursuant to Article 32.5 and the attachment of risk for the Satellite under any Launch and In-Orbit Insurance Policy. [***].
Satellite. Landlord hereby grants Tenant the right to install, maintain and replace from time to time an antenna or satellite device and fiber optics equipment (hereinafter “Satellite”) on the roof of the Premises, subject to the following: (a) applicable governmental laws; (b) the right of Landlord to supervise any roof penetrations; (c) compliance with the conditions of any roof bond or warranty maintained by Landlord on the Premises; (d) the Satellite shall not be visible at street level; and (e) the Satellite does not unreasonably interfere with communications systems of other tenants of the Project. Tenant shall be responsible for the repair of any damage to any portion of the Building or Premises caused by Tenant’s installation, use or removal of the Satellite. The Satellite shall remain the exclusive property of Tenant, and Tenant shall have the right to remove the Satellite at any time during the term of the Lease so long as Tenant is not in default. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Satellite.
Satellite. Acceptance of the Satellite shall be deemed to occur upon the earlier of: (i) the IOT Complete Date (which shall occur as set forth below unless there is a Total Loss of the Satellite); or (ii) the instant immediately prior to an event on or after Intentional Ignition resulting in the Total Loss of the Satellite (or the Satellite being reasonably determined to be a Total Loss) (“Acceptance” for a Satellite). Upon arrival of the Satellite at its specified orbital location, Contractor shall, in accordance with the Exhibit A, Statement of Work and Exhibit D, Satellite Test Plan, perform the IOT. When the IOT has been completed for the Satellite, Contractor shall conduct an IOT Data Review Meeting (in accordance with Exhibit A, Statement of Work), during which Contractor shall submit the IOT results to Purchaser. Within three (3) days after the completion of such IOT Data Review Meeting, Purchaser shall notify Contractor of its acceptance of the IOT results. The IOT Complete Date shall occur upon the earlier of: (i) the date on which Purchaser shall have notified Contractor in writing of its Acceptance of IOT results and (ii) the third day following the IOT Data Review Meeting (“IOT Complete Date”). Notwithstanding any of the foregoing, Purchaser may direct Contractor to perform testing other than as required for IOT at any time during IOT or after receipt of the IOT results and Contractor agrees to undertake such additional tests subject to: (i) agreement on who will pay the costs of such additional tests, and (ii) commencement of the Satellite Orbital Performance Incentive Period for purposes of earning the Satellite Orbital Performance Incentives to be paid pursuant to Article 13 hereof. [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED.
Satellite. Satellite subscription is not provided; however, this can be purchased from a local provider.
Satellite. Orbital shall design, construct and deliver the OrbView-3 Satellite in accordance with the OrbView-3 Mission Requirements Document (Exhibit C, Part 1A) and Statement of Work (Exhibit C, Part 1B).