SPSR Results. In the event that such SPSR demonstrates (i) that all testing has been performed in accordance with Exhibit D, Satellite Test Plan and (ii) conformity of such Satellite to the applicable requirements of Exhibit B, Satellite Performance Specification, (including any waivers or deviations approved by Purchaser pursuant to Article 9.3), Purchaser shall within seventy-two (72) hours of completion of the relevant SPSR direct Contractor in writing either to ship the Satellite to the Launch Site for Launch or place the Satellite in storage in accordance with Article 24.4. In the event that such SPSR discloses: (i) a failure to conduct testing in accordance with Exhibit D, Satellite Test Plan, or (ii) a non-conformance of such Satellite to the requirements of Exhibit B, Satellite Performance Specification, either of which is not the subject of any waivers or deviations approved by Purchaser pursuant to Article 9.3, Purchaser shall, within seventy-two (72) hours after completion of the relevant SPSR, deliver a written notice to Contractor setting forth the testing and/or contractual requirements that Purchaser believes have not been met, and Contractor shall correct or repair each such non-conformance and resubmit such Satellite for additional testing, in accordance with applicable requirements of Exhibit D, Satellite Test Plan and a second SPSR shall be held in accordance with the procedures of this Article 9. Any additional testing and a subsequent SPSR shall be conducted to the extent relevant and necessary to demonstrate that the Satellite conforms to the requirements of Exhibit B, Satellite Performance Specification. Upon direction from Purchaser to Contractor to ship the Satellite to the Launch Site, Contractor shall transport such Satellite, in accordance with Contractor’s standard commercial practices, to the Launch Site and proceed with the Spacecraft Launch Readiness Review for such Satellite. In no event shall Contractor be required to ship the Satellite to the Launch Site until all non-conformances are corrected, repaired or have an approved waiver (or deviation) pursuant to Article 9.3.
SPSR Results. Within [***] after the completion of the SPSR meeting for the SATMEX 8 Satellite, Contractor shall notify Purchaser in writing of the results of the SPSR pursuant to this Article 9 and Purchaser shall within [***] notify Contractor in writing of its concurrence with results or its exceptions thereto. In the event that such SPSR demonstrates conformity of the SATMEX 8 Satellite to the applicable requirements of the SATMEX 8 Satellite Performance Specification (including any waivers or [Use or disclosure of the data contained on this page is subject to the restriction set forth in Article 26.] 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. EXECUTION VERSION deviations approved by Purchaser pursuant to Article 9.4) and Purchaser confirms in writing such demonstrated conformity, Purchaser shall direct that the SATMEX 8 Satellite shall either be prepared and shipped by Contractor to the Launch Site for Launch or that it be placed in Storage pursuant to Article 32 and the SPSR shall be deemed completed (if the provisions thereof apply). In the event that such SPSR discloses any non-conformance of such SATMEX 8 Satellite to the requirements of the SATMEX 8 Satellite Performance Specification not the subject of any waivers or deviations approved by Purchaser pursuant to Article 9.4, Purchaser’s notice shall state each such non-conformance (with reference to the applicable requirement of the SATMEX 8 Satellite Performance Specification deemed not met), and Contractor shall, at its own cost and expense and in a timely manner, correct or repair each such non-conformance and resubmit the SATMEX 8 Satellite for SPSR in accordance with this Article 9 as to each corrected or repaired element. If Purchaser fails to provide either conformance or non-conformance notice within the [***] period referred to in the first sentence hereof, the SPSR shall be deemed to have been completed with respect to the Satellite and Purchaser shall be deemed to have directed Contractor to place the Satellite into Storage pursuant to Article 32.
SPSR Results. In the event that the SPSR demonstrates that: (i) testing has been performed in accordance with the applicable sections of Exhibit D, Satellite Program Test Plan, and (ii) the Satellite conforms to the applicable requirements of Exhibit B, Satellite Performance Specification (including any waivers or deviations approved by Purchaser pursuant to Article 9.1.4), Contractor shall provide written notification to Purchaser of completion of the SPSR. Purchaser shall, within [***] Business Days from receipt of such notification provide Contractor written notice of either (1) its concurrence with the results of the SPSR (including any waiver of its right to compel correction of those non-conformances to the requirements of Exhibit B, Satellite Performance Specification, specified by Purchaser in such notice), and the Satellite shall be deemed ready for shipment to the Launch Site (the date of such notice of concurrence, the “SPSR Complete Date”) or (2) its non-concurrence with the results of the SPSR as provided in Article 9.1.7. Use or disclosure of the data contained on this sheet is subject to the restriction on the title page.
SPSR Results. Within three (3) days after completion of the SPSR for a Satellite, MSV shall submit to Contractor:
SPSR Results. At completion of the SPSR for each Spacecraft, Contractor shall submit to Customer the SPSR results. Within ten (10) Business Days of its receipt of such results, Customer shall notify Contractor in writing of Customer’s concurrence or disagreement with the results of the SPSR. In the event that Contractor and Customer concur that such SPSR demonstrates conformity of the applicable Spacecraft to the applicable requirements of the Spacecraft Performance Requirements (including any waivers or deviations previously approved by Customer), the Spacecraft shall be prepared and shipped to its Designated Launch Site for Launch. In the event that such SPSR discloses any non-conformance of the Spacecraft to the requirements of the Spacecraft Performance Requirements (not the subject of any prior waivers or deviations approved by Customer), Customer’s notice shall state each such non-conformance (with reference to the applicable requirement of the Spacecraft Performance Requirements deemed not met), and Contractor shall correct or repair (in the manner determined by Contractor) each such non-conformance (except as may be subsequently waived by Customer), and resubmit the Spacecraft for SPSR in accordance with this Paragraph 7.4.1 as to each corrected or repaired element.
SPSR Results. In the event that the SPSR demonstrates that: (i) testing has been performed in accordance with Section 5.2 of Exhibit D, Satellite Program Test Plan, and (ii) such Satellite conforms to the applicable requirements of Exhibit B, Satellite Performance Specification (including any waivers or deviations approved by Purchaser pursuant to Article 9.1.4), Purchaser shall provide written certification (a “Certification”) to Contractor (within 72 hours after Purchaser receives written notice of completion of the SPSR from Contractor) of its concurrence with the results of the SPSR (including any waiver of its right to compel correction of those non-conformances to the requirements of Exhibit B, Satellite Performance Specification, specified by Purchaser in such notice), and the Satellite shall be deemed ready for shipment to the Launch Site. In the event that such SPSR discloses (i) any failure to conduct testing in accordance with Section 5.2 of Exhibit D, Satellite Program Test Plan, or (ii) any non-conformance of such Satellite to the requirements of Exhibit B, Satellite Performance Specification, either of which is not the subject of any waivers or deviations approved by Purchaser pursuant to Article 9.1.4, Purchaser shall ***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 SS/L-TP20701 ViaSat Contract Use or disclosure of the data and information contained on this sheet is subject to the restriction on the title page. provide written notification thereof (a “Notice of Non-Conformance”) to Contractor within 72 hours after Purchaser receives written notice of completion of the SPSR from Contractor, which written notification shall state each such non-conformance Purchaser requires to be corrected or repaired (with reference to the specific provision of Exhibit D, Satellite Program Test Plan, or Exhibit B, Satellite Performance Specification, deemed not met). Contractor shall correct or repair each non-conformance with all deliberate speed and thereafter conduct additional testing and/or a “delta” SPSR, in accordance with the provisions of this Article 9, to the extent necessary to demonstrate that the Satellite conforms to the requirements of Exhibit B, Satellite Performance Specification, after which Purchaser shall provide a Certification or Notice of Non-Conformance within the applicable time frame specified above. Contractor shall be req...
SPSR Results. Within a reasonable time after completion of the SPSR for the Satellite, Purchaser shall notify Contractor in writing of the results of the SPSR pursuant to this Article 9 with respect to the Satellite. Provided Purchaser is in compliance with its contractual obligations hereunder, such Satellite shall be prepared and shipped to the Launch Site for Launch upon successful completion of the SPSR. In the event that such SPSR discloses any non-conformance of the Satellite to the requirements of the Performance Specification not the subject of any waivers or deviations approved by Purchaser pursuant to Article 9.4, Purchaser's notice shall state each such non-conformance (with reference to the applicable requirement of the Performance Specification deemed not met), and Contractor shall correct or repair each such non-conformance and resubmit such Satellite for SPSR in accordance with this Article 9 as to each corrected or repaired element.
SPSR Results. In the event that the SPSR demonstrates that: (i) testing has been performed in accordance with the applicable sections of Exhibit D, Satellite Test Plan (including without limitation, any waivers or deviations approved by Purchaser pursuant to Article 9.4), and (ii) the Satellite conforms to the applicable requirements of Exhibit B, Satellite Performance Specification (including without limitation, any waivers or deviations approved by Purchaser pursuant to Article 9.4), Contractor shall provide written notification to Purchaser of completion of the SPSR. Purchaser, *** shall provide Contractor written notice of either (a) its concurrence with the results of the SPSR (including without limitation any waiver of its right to compel correction of those non-conformances to the requirements of Exhibit B, Satellite Performance Specification, specified by Purchaser in such notice), and the Satellite shall be deemed ready for shipment to *** or to be placed in storage (the date of such notice of concurrence, the “SPSR Complete Date”) or (b) its non-concurrence with the results of the SPSR as provided in Article 9.7.
