Common use of Use of Transponder Spares Clause in Contracts

Use of Transponder Spares. The Satellite contains certain Ku-Band redundant equipment units (individually, a "Transponder Spare"), which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. PanAmSat, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for any Lessee Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy PanAmSat's obligations to Lessee and to other Owners or Users of Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that PanAmSat's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If PanAmSat furnishes a Transponder Spare to Lessee as a substitute for an equipment unit that has caused a Lessee Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Any Lessee Transponder equipment unit which has been returned shall be made available by PanAmSat, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the Satellite. Lessee agrees and acknowledges that the Transponder Spare redundancy plan of the Satellite may require PanAmSat to reassign certain TWTAs among Transponders to make use of spare equipment. In circumstances in which a Transponder Spare is required to be employed for any Owner and to do so requires a change in the TWTA assigned to Lessee, Lessee shall, on notice from PanAmSat, immediately cease transmitting to the Lessee Transponder using such TWTA to allow such reassignment and for a different TWTA (which must meet or exceed the applicable Transponder Performance specifications) to be assigned to such Lessee Transponder. PanAmSat also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner PanAmSat determines.

Appears in 2 contracts

Samples: Transponder Lease Agreement (Panamsat Corp /New/), Transponder Lease Agreement (Panamsat Corp /New/)

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Use of Transponder Spares. The Satellite contains certain Ku-Band redundant equipment units (individually, a "Transponder Spare"), which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. PanAmSatHCG, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for any Lessee Lessee's Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy PanAmSatHCG's obligations to Lessee and to other Owners or Users users of Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that PanAmSatHCG's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If PanAmSat HCG furnishes a Transponder Spare to Lessee as a substitute for an equipment unit that has caused a Lessee Lessee's Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Any Lessee Lessee's Transponder equipment unit which has been returned shall be made available by PanAmSatHCG, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the Satellite. Lessee agrees and acknowledges that the Transponder Spare redundancy plan of the Satellite may require PanAmSat to reassign certain TWTAs among Transponders to make use of spare equipment. In circumstances in which a Transponder Spare is required to be employed for any Owner and to do so requires a change in the TWTA assigned to Lessee, Lessee shall, on notice from PanAmSat, immediately cease transmitting to the Lessee Transponder using such TWTA to allow such reassignment and for a different TWTA (which must meet or exceed the applicable Transponder Performance specifications) to be assigned to such Lessee Transponder. PanAmSat HCG also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner PanAmSat HCG determines.

Appears in 2 contracts

Samples: Transponder Sublease Agreement (Panamsat Corp /New/), Lease Agreement (Panamsat Corp /New/)

Use of Transponder Spares. The Satellite contains HCG shall cause Galaxy V to contain ------------------------- certain Ku-Band redundant equipment units (individually, a "Transponder Spare")) as described in Exhibit G, which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. PanAmSatHCG, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the such Satellite as a substitute for any Lessee Buyer's Transponder equipment unit that which has caused any Lessee Transponder one of Buyer's Transponders to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder Buyer's Transponders to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy PanAmSatHCG's warranty obligations to Lessee Buyer and to other Owners or Users users of Transponders on the Satellite, if any, same satellite which have suffered Confirmed Failures; provided, however, that PanAmSatHCG's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If PanAmSat HCG furnishes a Transponder Spare to Lessee Buyer as a substitute for an equipment unit that which has caused a Lessee Buyer's Transponder to suffer a Confirmed Failure, then such Transponder Spare HCG shall become part transfer title and ownership of the Transponder which is leased Spare to Lessee hereunderBuyer, and LesseeBuyer, concurrently, shall no longer have any right return title and ownership of its substituted Transponder equipment unit to lease or otherwise use the failed equipment unitHCG. Any Lessee Buyer's Transponder equipment unit which has been returned shall be made available by PanAmSatHCG, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders or users on the same Satellite. Lessee agrees and acknowledges that the Transponder Spare redundancy plan of the Satellite may require PanAmSat to reassign certain TWTAs among Transponders to make use of spare equipment. In circumstances in which a Transponder Spare is required to be employed for any Owner and to do so requires a change in the TWTA assigned to Lessee, Lessee shall, on notice from PanAmSat, immediately cease transmitting to the Lessee Transponder using such TWTA to allow such reassignment and for a different TWTA (which must meet or exceed the applicable Transponder Performance specifications) to be assigned to such Lessee Transponder. PanAmSat HCG also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner PanAmSat HCG determines.

Appears in 1 contract

Samples: Fox Kids Worldwide Inc

Use of Transponder Spares. The Satellite contains HCG shall cause Galaxy IIIR to contain ------------------------- certain Ku-Band redundant equipment units (collectively, the "Transponder Spares"; individually, a "C-Band Transponder Spare," or a "Ku-Band Transponder Spare"), a C-Band Transponder Spare being as described in Exhibit F) which are designed as substitutes for such equipment units of the same frequency, the failure of which could cause a Galaxy IIIR Transponder to fail to meet the Transponder Performance Specificationsrequisite transponder performance specifications. PanAmSatHCG, as soon as possible and to the extent technically feasible, shall employ a C-Band Transponder Spare in the such Satellite as a substitute for any Lessee Lessee's Transponder equipment unit that which has caused any Lessee Transponder one of Lessee's Transponders to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder Lessee's Transponders to meet the C-Band Transponder Performance Specifications. To the extent technically feasible, a C-Band Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy PanAmSatHCG's obligations to Lessee and to other Owners or Users of C-Band Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that PanAmSatHCG's obligations to provide such Transponder Spares shall continue until such time as all of the C- Band Transponder Spares are committed to use as substitutes for C-Band Transponders which have suffered Confirmed Failures. If PanAmSat HCG furnishes a C-Band Transponder Spare to Lessee as a substitute for an equipment unit that which has caused a Lessee Lessee's Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Any Lessee Lessee's Transponder equipment unit which has been returned shall be made available by PanAmSatHCG, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the same Satellite. Lessee agrees and acknowledges that the Transponder Spare redundancy plan of the Satellite may require PanAmSat to reassign certain TWTAs among Transponders to make use of spare equipment. In circumstances in which a Transponder Spare is required to be employed for any Owner and to do so requires a change in the TWTA assigned to Lessee, Lessee shall, on notice from PanAmSat, immediately cease transmitting to the Lessee Transponder using such TWTA to allow such reassignment and for a different TWTA (which must meet or exceed the applicable Transponder Performance specifications) to be assigned to such Lessee Transponder. PanAmSat HCG also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner PanAmSat HCG determines.

Appears in 1 contract

Samples: Transponder Lease Agreement (TVN Entertainment Corp)

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Use of Transponder Spares. The Satellite contains certain Ku-Band redundant equipment units (individually, a "Transponder Spare"), which are designed as substitutes for equipment units the failure of which could cause a Transponder to fail to meet the Transponder Performance Specifications. PanAmSat, as soon as possible and to the extent technically feasible, shall employ a Transponder Spare in the Satellite as a substitute for any Lessee Transponder equipment unit that has caused any Lessee Transponder to suffer a Confirmed Failure (as defined in Section 12.02) in order to enable such Lessee Transponder to meet the Transponder Performance Specifications. To the extent technically feasible, a Transponder Spare will be substituted for the faulty equipment unit on a first-needed, first-served basis to satisfy PanAmSat's obligations to Lessee and to other Owners or Users of Transponders on the Satellite, if any, which have suffered Confirmed Failures; provided, however, that PanAmSat's obligations to provide Transponder Spares shall continue until such time as all of the Transponder Spares are committed to use as substitutes for Transponders which have suffered Confirmed Failures. If PanAmSat furnishes a Transponder Spare to Lessee as a substitute for an equipment unit that has caused a Lessee Transponder to suffer a Confirmed Failure, then such Transponder Spare shall become part of the Transponder which is leased to Lessee hereunder, and Lessee, concurrently, shall no longer have any right to lease or otherwise use the failed equipment unit. Any Lessee Transponder equipment unit which has been returned shall be made available by PanAmSat, to the extent technically feasible, to satisfy its obligations to any other Owners of Transponders on the Satellite. Lessee agrees and acknowledges that the Transponder Spare redundancy plan of the Satellite may require PanAmSat to reassign certain TWTAs among Transponders to make use of spare equipment. In circumstances in which a [***] Filed separately with the Commission pursuant to a request for confidential treatment. Transponder Spare is required to be employed for any Owner and to do so requires a change in the TWTA assigned to Lessee, Lessee shall, on notice from PanAmSat, immediately cease transmitting to the Lessee Transponder using such TWTA to allow such reassignment and for a different TWTA (which must meet or exceed the applicable Transponder Performance specifications) to be assigned to such Lessee Transponder. PanAmSat also shall have the right, until the Transponder Spares are needed, to utilize such Transponder Spares in any manner PanAmSat determines.

Appears in 1 contract

Samples: Transponder Lease Agreement (Panamsat Corp /New/)

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