Satellite Sample Clauses

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 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 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 ARTICLE 11 (ORBITAL PERFORMANCE INCENTIVES), ARTICLE 22 (INTELLECTUAL PROPERTY INDEMNIFICATION) AND EXCEPT TO PROVIDE THE SERVICES SET FORTH IN ARTICLE 17.3 (SATELLITE NON-CONFORMANCES AND ANOMALIES), ARTICLE 31.1 (BOEING SUPP...

Satellite. Tenant shall have the non-assignable right (except as noted below) to continue to maintain on the roof of the Building the existing two (2) communication dishes (the “Communication Facility” ), including such communication lines, risers, cables and wires (collectively called “Wires”) as may be reasonably required from time to time in connection with such Communication Facility, for Tenant’s own direct communication purposes. For greater certainty, the within right to maintain the Communication Facility is available to Primerica Life Insurance Company of Canada and/or its Permitted Transferee but to no other Transferee which may be in occupancy of all or any portion of the Premises from time to time. Such Communication Facility and the use thereof shall, in all respects, be subject to the ongoing approval of the government bodies, their agencies, others having jurisdiction and the Landlord’s Architect for the Building and shall be maintained and operated by the Tenant all in a manner consistent with Building Standard, subject to the following provisions: (a) the operation, maintenance, repair, relocation and replacement (“Operations”) of the Communication Facility and Wires shall be subject to Landlord’s reasonable security requirements, rules and regulations and the provisions of Section 10.2 of this Lease; all of which shall, at Landlord’s option, either be performed by Landlord, or performed by Persons designated by Landlord acting reasonably and under Landlord’s supervision and, to the extent that same is performed by Landlord or under Landlord supervision, Tenant shall pay to Landlord all reasonable out-of-pocket costs incurred by Landlord plus an additional fifteen (15%) percent of Landlord’s out-of-pocket costs for overhead and profit. To the extent same is not performed by Landlord, Tenant will engage an independent contractor approved by Landlord, acting reasonably, to certify that such erection, installation, relocation or replacement was completed in accordance with the plans and specifications approved by Landlord; (b) the Operations of the Communication Facility and Wires shall be performed in such a manner so as not to increase Landlord’s insurance or the Taxes applicable to the Project provided that if either costs are increased Tenant shall pay to Landlord an amount equal to the whole amount of any such increase attributable thereto forthwith upon demand; (c) Tenant shall, at its sole cost, ensure that the Operations of the Communication Fac...

Satellite. The letter was dated and addressed to the Security Project Manager of U. S. Satellite and read:

Satellite. Each Assignor acknowledges that Assignee is acting solely in its capacity as agent for the Purchasing Accounts and has no personal liability hereunder.

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.

Satellite. Title to and risk of loss of or damage to the Satellite shall pass from Boeing to Customer at the time of Intentional Ignition of the Launch Vehicle used for the Launch of such Satellite. In the event of an Intentional Ignition followed by a Terminated Ignition, title to and risk of loss of or damage to such Satellite shall revert to Boeing upon Boeing securing the Satellite after the Launch Agency declares the Launch pad safe, provided that, if the Satellite is, or is reasonably determined to be, a Total Loss, title to and risk of loss of or damage to the Satellite shall remain with Customer. If Boeing re-acquires title and risk of loss or damage, as set forth in the immediately preceding sentence, title to and risk of loss of or damage to the Satellite shall again pass to Customer upon the subsequent Intentional Ignition of the Launch Vehicle used for Launch of such Satellite. Prior to Launch of a Satellite, the Parties shall cooperate in good faith and agree to any necessary revisions to certain definitions (e.g., Intentional Ignition, Launch, Terminated Ignition, and other related provisions) as required to ensure that risk of loss transfers seamlessly from Boeing to Customer and does not result in an insurance coverage gap with respect to the Satellite at any time between the ground insurance to be provided by Boeing pursuant to Article 31.3 (Boeing Insurance Requirements) and the applicable coverage start date for any Launch and In-Orbit Insurance Policy. In the event of a Terminated Ignition where Boeing re-acquires title to and risk of loss of or damage to the Satellite, Boeing shall inspect the Satellite and provide Customer with a report on the condition of such Satellite, along with a recommendation for repair or replacement, if any is required, as well as an estimated new Delivery schedule, in the event the Satellite is removed from the Launch Vehicle or the Launch Site. Customer shall, within fifteen (15) days following receipt of such report, direct Boeing, pursuant to Article 24.2 (Limited Changes or Services Requested by Customer), whether or not to proceed with any required or desired repairs and/or storage. The Actual Costs plus (***) profit of repairs or replacement, including any transportation, storage and retesting costs, of the Satellite resulting from any loss or damage during the time from Intentional Ignition followed by a Terminated Ignition (specifically, the time during which Customer had risk of loss of or damage to the Satell...

Satellite. Landlord hereby grants Tenant, at its sole cost and expense, the right to install, maintain and replace from time to time antennas or satellite devices, including without limitation, GPS antennas, satellite dishes and other communication equipment (hereinafter “Satellite”) on the roof of the Premises at a location approved by Landlord, subject to the following: (a) applicable Legal Requirements; (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 Before installing the Satellite, Tenant shall submit to Landlord for its approval (which approval shall be in Landlord’s reasonable discretion) plans and specifications which (1) specify in detail the design, location, size, and frequency of the Satellite and (2) are sufficiently detailed to allow for the installation of the Satellite in a good and workmanlike manner and in accordance with all Legal Requirements. If Landlord approves of such plans, Tenant shall install (in a good and workmanlike manner), maintain and use the Satellite in accordance with all Legal Requirements and shall obtain all permits required for the installation and operation thereof; copies of all such permits must be submitted to Landlord before Tenant begins to install the Satellite. Tenant shall thereafter maintain all permits necessary for the maintenance and operation of the Satellite while it is on the Building and operate and maintain the Satellite and the screening therefor, if any, in good repair and condition. Tenant may only use the Satellite in connection with Tenant’s business. Tenant shall not allow any third party (other than Permitted Transferees) to use such equipment, whether by sublease, license, occupancy agreement or otherwise, 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, at its risk and expense, remove the Satellite, within five (5) days after the occurrence of any of the following events., (A) the termination of Tena...

Satellite. Contractor warrants that the Satellite shall be manufactured and will perform in conformity with Exhibit B, Satellite Performance Specification (as may be waived pursuant to Article 9.4). Except as otherwise set forth in the next paragraph of this Article 15.1.1, after completion of the SPSR, Contractor’s only liability under the preceding sentence shall be as and to the extent set forth in Article 9.1.8) hereof. 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 15.2 AND 35.2.

Satellite. (For the avoidance of doubt, in no event shall PanAmSat be permitted to launch a Collocated Satellite which uses frequencies that would [***] with the Buyer's Transponders so as to [***] their meeting their [***] Specifications.) Before committing to such a Collocated Satellite that would [***] the use of such [**********************] by Buyer in Brazil, other than pursuant to an obligation under the[*************] PanAmSat shall give Buyer the opportunity to exercise its rights, if still extant, under clause (c) below to require PanAmSat to launch a Collocated Satellite, subject to applicable[******] and[*********] employing such [*************] with Ku-band [***] for use in Brazil, Buyer shall have until the later of: (i) [******] from PanAmSat's notice to Buyer, or (ii) until the [****************] specified below, to exercise such rights. Buyer shall not be required to make any decision regarding [***********************************************] either under this clause (b) or clause (a) above [****************************] as to any [********] that is [******************************] unless in either case PanAmSat is required by [*************] to proceed with the [***] of a [*************] under the [*************] (the "Decision Period"). In addition, PanAmSat will not require Buyer to make a decision whether [************* *************************************************] (and the "Decision Period" will be so extended), unless either (i) PanAmSat was [***********] by[*************], as provided above, or (ii) PanAmSat [************] to [***********************] that it acquires on a Collocated Satellite to any third party for any lawful purpose, subject to Buyer's ultimate obligations therefore, consistent with Section 10.6 of this Agreement (i.e., an [******************] the [*********************************] without the consent of the other party). Accordingly, by way of example, unless PanAmSat was [*********************************************************************** ***********************] if PanAmSat notifies Buyer in [**************] of PanAmSat's [******************] a [*********] either with [*************** *********] or [***************] Transponders that would have a [************* *****************************] to have Brazil Ku-band Transponders, Buyer [*******************] whether to [******] an agreement to [*********] on such Satellite or [********* [***] Filed separately with the Commission pursuant to a request for confident...

Satellite. In the event that the Borrower or any Guarantor receives Net Insurance Proceeds relating to the TerreStar-2 Satellite, the Borrower or such Guarantor shall apply such Net Insurance Proceeds in the manner provided under Section 5.08.