Common use of SPSR Results Clause in Contracts

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 seventy-two (72) hours after completion of the SPSR, Purchaser shall notify Contractor in writing of: (i) 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; or (ii) specific non-conformances of the Satellite to the requirements of Exhibit B, Satellite Performance Specification, which require correction. In the event that such SPSR demonstrates demonstrates: (i) that all testing has been performed in accordance with Exhibit D, Satellite Program Test Plan Plan; and (ii) conformity of such the Satellite to the applicable requirements of Exhibit B, Satellite Performance Specification, Specification (including any waivers or deviations approved by Purchaser pursuant to Article 9.39.1.4), Purchaser shall within seventy-two (72) hours of completion of the relevant SPSR direct Contractor in writing either to ship the Satellite shall be prepared and shipped to the Launch Site for Launch or place the Satellite in storage in accordance with Article 24.4Launch. In the event that such SPSR discloses: (i) a any failure to conduct testing in accordance with Exhibit D, Satellite Program Test Plan, ; or (ii) a any non-conformance of such the 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 9.39.1.4, Purchaser shallPurchaser’s notice shall state each such non-conformance (with reference to the applicable requirement of Exhibit D, within seventy-two (72Satellite Program Test Plan, or Exhibit B, Satellite Performance Specification, deemed not met) hours after completion of the relevant SPSR, deliver a written notice it requires to Contractor setting forth the testing and/or contractual requirements that Purchaser believes have not been metbe corrected or repaired, and Contractor shall correct or repair each such non-conformance and resubmit such the Satellite for additional testing, testing in accordance with applicable [Use or disclosure of the data contained on this page is subject to the restrictions set forth in this Contract.] requirements of Exhibit D, Satellite Test Plan and a second SPSR shall be held in accordance with the procedures of this Article 9SPSR. Any Such additional testing and a subsequent second 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 If Purchaser fails to Contractor provide such notice within the time specified, the SPSR shall be deemed to ship have been successfully completed. In the event that the Satellite has successfully completed SPSR, whether pursuant to the Launch Siteoriginal SPSR or a subsequent SPSR, Contractor the Satellite shall transport such Satellite, in accordance with Contractor’s standard commercial practices, be prepared and shipped to the Launch Site and proceed with the Spacecraft Launch Readiness Review for such SatelliteLaunch. In Contractor shall have no event shall Contractor be required obligation to ship the Satellite to the Launch Site until all non-conformances are corrected, repaired or have an approved waiver (or deviation) . Following successful completion of the SPSR for the Satellite in accordance with this Article 9, Contractor shall transport the Satellite, in accordance with Contractor’s standard commercial practices, to the Launch Site and proceed with the Launch Readiness Review for the Satellite or, if directed by Purchaser, transport the Satellite to the storage facility for storage pursuant to Article 9.3.39 and Exhibit D.