[SATMEX LOGO]
CONTRACT NUMBER: 286-1
CONTRACT FOR RENDERING OF THE INTERNATIONAL SERVICE OF SIGNAL CONDUCTION VIA
SATELLITE THROUGH THE MEXICAN SATELLITE SYSTEM ("SISTEMA DE SATELITES
MEXICANOS"), ENTERED INTO BY AND BETWEEN SATELITES MEXICANOS, S.A. DE C.V.,
WHICH SHALL HEREINAFTER BE NAMED "SATMEX", REPRESENTED IN THIS ACT BY ▇▇. ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, IN HIS CAPACITY AS CHIEF EXECUTIVE OFFICER (C.E.O.), AND
AS THE OTHER PARTY BY GLOBALTRON COMMUNICATIONS CORPORATION WHICH SHALL
HEREINAFTER BE NAMED "THE CLIENT", REPRESENTED BY ▇▇. ▇▇▇▇ ▇. ▇▇▇▇▇▇, IN HIS
STATUS AS PRESIDENT, PURSUANT TO THE FOLLOWING DECLARATIONS AND CLAUSES.
D E C L A R A T I O N S
I.- "SATMEX" DECLARES:
I.1 That it is a Variable Capital Stock Corporation ("Sociedad Anonima de
Capital Variable"), duly incorporated in accordance wth Mexican law.
I.2 That according to the provisions of the Mexican Federal
Telecommunications Law ("Ley Federal de Telecommunicaciones"), and in
the Mexican Regulations of Communication Via Satellite ("Reglamento de
Communicacion Via Satellite"), occupation of the 109.2(degrees),
113.0(degrees) and 116.8(degrees) West longitude geostationary orbit
positions was concessioned on behalf of "SATMEX" for exclusive
exploitation of the "C" and "Ku" freqenc bands and the rights of
transmission and reception of signals.
I.3 That ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Engineer, in his status of C.E.O,
has enough faculties to subscribe this Contract.
I.4 That it meets the technical and economic conditions to take on
commitment of the provision of the service covered by this Contract.
I.5 That its Federal Taxpayer Registration Number is: SME-970626 MK5.
I.6 That for the exercise and fulfillment of the rights and obligations
under its care, derived from entering into this Contract, it indicates
as its address that located on Boulevard ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ No. 40,
piso 23rd, Colonia ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇, ▇▇▇▇▇▇ Distrito
Federal.
II.- "THE CLIENT" DECLARES:
II.1 That it is a Corporation, duly incorporated under the laws of the State
of Florida, United States of America.
II.2 That ▇▇. ▇▇▇▇ ▇. ▇▇▇▇▇▇, in his status as President has enough faculties
to subscribe this Contract.
II.3 That it is presenting a certified and simple copy of the documentation
indicated in the foregoing declarations.
II.4 That any modification on its firm name and/or the power of attorney
granted to its President, shall be reported to "SATMEX" in writing and
in a timely fashion.
II.5 That it complies with the applicable legislation in the countries
comprised within Continental region of the Satmex 5 satellite where the
service shall operate, and that it has obtained the necessary
authorization or authorizations from the corresponding regulating
institutions, to install, operate or exploit the transmitting and/or
receiving ground station or stations.
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II.6 That it accepts the General Conditions of Service Supply of Conduction
of Signals Via Satellite through the Mexican Satellite System, issued by
"SATMEX" (Annex I), as well as the Technical Annex (Annex II), which,
duly signed by the parties, are added to this Contract, to form an
integral part of same.
II.7 That it is acquainted with the established legal framework, in the
Mexican and international settings, to which rendering of the service
subject matter of this Contract is subject, and is bound to use the
service rendered by "SATMEX" to cover its communication needs within
that legal framework.
II.8 That is indicates as its address, for effects of this Contract, that
located at on ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., New World Tower-25th Floor,
Miami, Florida 33132, United States of America.
After having effected the foregoing declarations, the parties agree to enter
into a Contract and bind themselves pursuant to the following:
C L A U S E S
FIRST.- "SATMEX" is bound to provide to "THE CLIENT" the international
service of signal conduction via satellite, through the
Mexican Satellite System, by means of the space segment
assignation in the category of Non-Preemptible service, on the
C band, 23C transponder, of the Continental region, of the
Satmex 5 satellite, with a bandwidth of 18.00 MHz, according
to the terms, conditions, and technical, legal and tariff
modalities contained in this Contract and its Annexes.
"THE CLIENT" accepts that "SATMEX" will only provide the
services object of this contract in those regions covered by
Satmex 5 satellite and in the countries where "SATMEX" have
the correspondent permits, authorizations and concessions to
provide private services through the Mexican Satellites
System.
SECOND.- "SATMEX" shall assign the "THE CLIENT" the satellite access
frequencies and their respective operation parameters, on the
basis of the link calculations previously presented by "THE
CLIENT" to "SATMEX" for each transmission and/or reception
carrier on which the ground stations that form part of its
network shall access.
"SATMEX" may modify the frequencies assigned to "THE CLIENT"
for justified reasons or optimization movements of the space
segment on the corresponding satellite, for which it shall
give "THE CLIENT" timely written notice of the respective
modifications. "THE CLIENT" is bound to carry out location
changes and release the preceding frequencies within the term
jointly agreed.
The satellite, band, coverage region, transponder,
polarization, link points, satellite frequencies, operation
parameters, location of the ground stations, antenna
diameters, are described in Annex II, which shall be updated
as "THE CLIENT" requests from "SATMEX" modifications or
enlargements on the service Contracted; in such case, the
parties shall subscribe the respective Agreement.
THIRD.- "THE CLIENT" is bound to notify "SATMEX" in writing the
name(s), position(s), address(es), telephone number(s) and fax
number(s) of the technically responsible person(s) in charge
of its company's satellite network, at the latest within the
first five (5) working days following the signature hereof, or
when said responsible persons are changed.
FOURTH.- "SATMEX" shall deliver the satellite access frequencies and
its operation parameters to "THE CLIENT", in writing, at the
time this Contract is signed.
FIFTH.- The ground station(s) through which the service is provided
shall satisfy the technical specifications and features set
forth by "SATMEX" to operate with the Mexican Satellite
System, and shall fulfill among others, recommendation ITU-R.
S.580-5 and operate with agile and fractionary step frequency
synthesizers. The above shall be described in the technical
memory of the network deliverd by "THE CLIENT" to "SATMEX."
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[SATMEX LOGO]
SIXTH.- The invoicing of the service shall begin as of the three (3)
days following the date on which this Contract is signed.
SEVENTH.- "SATMEX" shall send to the address declared by "THE CLIENT"
the monthly invoice of the service Contracted, within the
first five (5) working days of each month, which shall be sent
per month in advance.
In case "THE CLIENT" does not receive the invoice at its
address in a timely manner, the latter shall notify this to
the "SATMEX" collection area and effect the corresponding
payment.
EIGHTH.- If "THE CLIENT" is not in agreement with any invoice, it shall
immediately present its application for clarification and/or
adjustment, in writing, to "SATMEX", explaining the reasons
and grounds for its disagreement. Such event does not exempt
"THE CLIENT" of its payment obligation.
NINTH.- "THE CLIENT" shall guarantee to "SATMEX" fulfillment of the
Contract by means of a cash deposit in Citibank, NA, ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, account number: ▇▇▇▇▇▇▇▇,
ABA number: ▇▇▇▇▇▇▇▇▇, in the name of Satelites Mexicanos,
S.A. de C.V., for a total amount of USD$166,694.00 (one
hundred sixty-six thousand six hundred and ninety-four 00/100
U.S. Dollars). "THE CLIENT" is bound to deliver to "SATMEX"
proof of deposit at the time this Contract is signed.
"SATMEX" may dispose of such deposit, in the moment "THE
CLIENT" does not pay one monthly ▇▇▇▇ of the service, up to
the due amount plus the generated moratory interests.
Said deposit shall be returned to "THE CLIENT" at the end of
the term in force of this Contract, the latter is updated with
its payments.
TENTH.- "THE CLIENT" is bound to pay to "SATMEX" for the service
subject matter of this Contract, the total amount of
USD$3,000,492.00 (three millions four hundred and ninety-two
00/100 U.S. Dollars), in monthly payments in advance of
USD$83,347.00 (eighty-three thousand three hundred and
forty-seven 00/100 U.S. Dollars).
"THE CLIENT" is bound to make payments in a timely manner, at
the latest on the fifteenth (15th) day of each month. If "THE
CLIENT" ceases to cover one (1) monthly payment, the service
shall be suspended. As the case may be, for reactivation, "THE
CLIENT" shall cover previously the indebtedness moratory
interest and reconnection charges.
The parties agree that each of them shall pay the taxes and
tariffs generated under their care, according to the legal
ordinances in force in their respective countries.
When "THE CLIENT" ceases to cover more than one (1) monthly
payment, "SATMEX" may assign the capacity to another
interested party.
ELEVENTH.- Moratory interest shall be calculated on the basis of the rate
resulting from adding three (3) times the Prime Rate, issued
by the New York Citibank, proportionately to the days of delay
in payment, divided into twelve (12) months, on unpaid
balances of the amounts owed monthly.
Said interest shall be applied as of the day following the
payment expiration date and until the same is received by
"SATMEX".
TWELFTH.- "SATMEX" shall only be liable, for compensation effects, for
dolus, for service interruptions in the part corresponding to
the space segment, facilities or equipment owned by it, but in
no case for acts of god or force majeure. "SATMEX's"
responsibility, shall in no case, exceed the amount of the
guarantee given by "THE CLIENT".
In case of service supply interruption, "THE CLIENT" shall
inform this immediately to the "SATMEX" Satellite Control
Center ("Centro de Control Satelital") in order for the reason
to be determined the failure corrected, and the service
reestablished. Likewise, it shall notify "SATMEX" in writing
so that, as the case may be and on the basis of the Control
Center's technical report, the corresponding compensation is
made to it, in accordance with the stipulations of article 18
of Annex 1.
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[SATMEX LOGO]
When it is necessary to provide maintenance to its facilities
or equipment, among others, "SATMEX" may interrupt the service
in coordination with "THE CLIENT", and the latter shall not be
entitled to any compensation. In any case, "SATMEX" shall make
its best efforts so that said interruptions cause the least
possible damage to "THE CLIENT".
If service interruptions arises, derived from operation of the
ground stations through which the service is provided, which
stations are not authorized or technically approved and are
causing interferences, "SATMEX" shall not be bound to grant
compensations.
THIRTEENTH.- The term of this Contract shall be three (3) years, counted
from the date it is signed.
FOURTEENTH.- "THE CLIENT" may cancel part of the capacity contracted or
terminate this Contract, notifying this to "SATMEX", in
writing, at least thirty (30) working days in advance. In such
case, the cancellation or termination date shall be referred
to a calendar months (last day of the month).
In case it is "THE CLIENT" that cancels part of the capacity
contracted or terminates the Contract before the end and of
the term in force indicated in CLAUSE THIRTEENTH, the latter
shall pay to "SATMEX", in one single payment and before the
date notified by "THE CLIENT" has elapsed, the amount
resulting from the tariff corresponding on a monthly basis to
Contracts at one (1) year, for each month remaining to
conclude the time period originally agreed upon, not to exceed
twelve (12) months.
In the assumption of partial cancellation, the aforementioned
payment shall be applied to the capacity affected.
Advance cancellation or termination of a service does not
release "THE CLIENT" from previous indebtedness or moratory
interest.
"SATMEX" reserves the right to assign the satellite capacity
released due to advance cancellation or termination to another
interested party, as of the day following the termination or
cancellation date.
FIFTEENTH.- "SATMEX" may rescind this Contract for any of the following
reasons:
I.- For any type of transmission of the rights and/or
obligations derived from this Contract, made by "THE
CLIENT" to third parties, without having prior
written authorization from "SATMEX".
II.- If "THE CLIENT" does not pay more than one (1)
monthly invoice of the service or for three (3)
suspensions of same in the term of one (1) year.
III.- If "THE CLIENT" does not adjust to satellite access
parameters indicated by "SATMEX".
IV.- If "THE CLIENT" does not attend appropriately and/or
carry out the necessary adjustments on the generated
signals on their equipments that cause or may cause
affectations to third parties.
V.- If "THE CLIENT" does not grant or maintain the
guarantee mentioned in CLAUSE NINTH in time and
form.
VI.- For dissolution or liquidation of "THE CLIENT", or
if it is declared in bankruptcy or suspension of
payments, or if it is in any of the cases stipulated
in Article 2nd of the Mexican Law of Bankruptcy and
Suspension of Payments ("Ley de Quiebras y
Suspension de Pagos").
VII.- If "THE CLIENT" decides not to accept the relocation
assigned to it by "SATMEX" in its satellites.
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[SATMEX LOGO]
VIII.- In general, because "THE CLIENT" does not fulfill
any of the obligations derived from this Contract,
as well as its Annexes.
SIXTEENTH.- If "THE CLIENT" incurres in any of the causes of rescission
indicated in the preceding clause "SATMEX" shall communicate
this in writing so that in a maximum term of fifteen (15)
calendar days, "THE CLIENT" amends the breach of its
obligation. If after said term has elapsed "THE CLIENT" has
not amend the breach of its obligation, "SATMEX" may rescind
this Contract, without a court order.
In case "SATMEX" rescinds the Contract, "THE CLIENT" is bound
to perform the payment referred to in CLAUSE FOURTEENTH and
release the satelite capacity mentioned in CLAUSE FIRST; in
such case, "SATMEX" shall have the possibility to relocate
such capacity immediately.
SEVENTEENTH.- "SATMEX" shall not incur any liability whatsoever for damages
suffered by "THE CLIENT" or third parties, in a specific but
not limiting manner, for delay in delivery, deficient
functioning or failures that might appear in the space segment
subject matter of this Contract, as well as service
interruptions in the part corresponding to the space segment
or equipment owned by it, derived from act of God or force
majeure.
EIGHTEENTH.- Both parties are bound to maintain all of the information and
documentation exchanged between them, by virtue of the
fulfillment and execution of this Contract, as strictly
confidential, except: (i) if same is requested by a judicial
or administrative authority and/or (ii) if said information
is deemed to be of public knowledge.
The parties may use the confidential information only by means
of prior written consent from the other party.
NINETEENTH.- This contract only covers the service provided by "SATMEX",
"THE CLIENT" being committed to obtain the authorization or
permit/license, whose granting is a faculty of the
corresponding governing bodies at the site of the ground
station(s), on its own behalf. In the event of the obtaining
of permits, licenses or other authorizations in the Andean
region, which consists of Bolivia, Colombia, Ecuador, Peru and
Venezuela, "THE CLIENT" shall file as a satellite provider
"Andesat via Satmex".
TWENTIETH.- In case of controversy regarding the fulfillment, contents,
construction and scope of the obligations in this Contract,
the parties submit to the indications of the ordinance in
force for the Federal District and the jurisdiction and
competence of the Courts of Mexico City, thus waiving their
right to the jurisdiction that might correspond to them due to
their present or future address or for any other reason. The
official language for these purposes is Spanish.
This Contract is signed in two copies, one copy remaining in possession of
either party, in Mexico City, as of November 9th, 1999.
FOR "SATMEX" FOR "THE CLIENT"
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
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▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇. ▇▇▇▇ ▇. ▇▇▇▇▇▇
C.E.O. PRESIDENT
5
[SATMEX LOGO] ANNEX I
CLIENT: GLOBALTRON COMMUNICATIONS CORPORATION
CONTRACT NUMBER: 299-1
GENERAL PROVISION CONDITIONS OF THE SATELLITE SIGNAL
CARRYING PERMANENT SERVICE THROUGH THE MEXICAN SATELLITE SYSTEM
GENERAL PROVISIONS.
1. The service to be provided by SATMEX consists of the carrying of
signals by satellite on the C and Ku bands of the Mexican Satellite
System, abiding by the provisions of the Concession Title, the
Mexican Federal Law on Telecommunications, the Satellite
Communication Regulations, the Mexican Federal Law on Radio and
Television and its Regulations, the Constitution and Agreement of
the UTI, the International Telecommunications Regulations,
International Treaties and Agreements on the matter approved by the
Senate of the Republic and any other administrative provisions on
the matter.
2. The definitions of the technical terms used in the contracts and/or
agreements, should be understood according to the documents already
indicated in the above paragraph, the definitions that may be issued
by the Telecommunications, Radio communications and Development
Standardization Sectors of the UTI, as well as the correspondent
Glossary of Terms of the Federal Telecommunications Commission
and/or of Telecommunicaciones de Mexico.
3. THE CLIENT shall be responsible for obtaining and possessing the
necessary concessions, permits, licenses or authorizations from the
Mexican Federal Government or from the authorities on the matter in
each country to be linked.
PROVISION.
4. The permanent service shall be provided based two categories,
according to their continuity priority in case of contingency or
partial or total failure of the assigned satellite, these being:
NON-PREEMPTIBLE SERVICE - is the one whose transponder has back-up
amplifiers and is not interrupted to give priority to a protected
service, but does not possess, in the case of fault, immediate
protection in another transponder or satellite.
INTERRUPTIBLE SERVICE - Is the one subject to be required at any
time due to being used to provide immediate protection to a
protected service and even to a Non-Preemtible service, due to the
latter being considered as priorities. During normal operation, the
transponder possesses backup transponders.
Protected Service shall be provided only for the State satellite
capacity; and it is used for national security and social benefit
services, and has maximum priority over any service category, in
case of contingency.
Each category of the permanent service has a different tariff, which
is defined in Annex I of the respective contract.
5. The space segment by which the service is provided shall be assigned
based on the carriers of information and transmission for
standardized integrated velocities, for complete transponders or
fractions of band widths and/or transponder power, measured in
Megahertz (MHz) and decible ▇▇▇▇▇ (dBw) respectively.
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6. THE CLIENT, when contracting the service, must deliver a technical
specifications sheet describing the network, its topology, the
ground stations and their equipment, the satellite access technique,
the required capacity and link calculation for each carrier,
according to the format which shall be previously given thereto by
SATMEX.
7. The frequency synthesizers of THE CLIENT's ground stations must be
efficient and stepped in kilowatz. The operation of equipment for
crystal-syntonized frequencies or with turning limitations are not
acceptable, as this prevents the relocation of the service in case
of interference and may also lead to greater consumption of band
width, charged to THE CLIENT.
8. The responsible technicians appointed by THE CLIENT to operate the
ground stations of its satellite network, must not exceed the
nominal satellite access parameters assigned to each carrier. The
personnel of the Primary or Alternate Satellite Control Center of
SATMEX, when detecting excesses, shall immediately coordinate the
necessary rectifications with the manager of the ground station or
the network. In the case that THE CLIENT does not make the necessary
rectifications or deactivation of the carriers that operate out of
the parameters, it shall be charged economic penalties for the use
of excess power or bandwidth, or for the damages caused to other
clients.
The economic penalty shall be for the amount resulting from applying
the highest tariff for the affected bandwidth and/or power, and
also, in such case, the economic compensation amounts that SATMEX
gives to an affected client(s). The payment of such penalties does
not imply authorization to continue operating the service out of the
assigned parameters.
If THE CLIENT, for reliability in its link(s), requires operation
with a higher satellite power level, it may request (with link
calculations) that SATMEX authorize it, if such possibility exists,
applying the corresponding adjustments in the ▇▇▇▇.
9. THE CLIENT, prior to accessing the satellite, must coordinate the
necessary technical testing of their ground stations with the
Primary or Alternate Satellite Control Center, according to the
procedure and protocol established by SATMEX.
10. The ground stations which do not meet the insulation tests,
radiation pattern or other parameter which affects or may affect
other signals or satellites, may not be authorized to operate with
the satellites until they have been corrected, without this implying
any responsibility for SATMEX.
Additionally, if an already tested ground station starts to produce
interference with other signals during its operation, it must
suspend its access to the satellite until the complete rectification
of such interference. In this case, THE CLIENT must provide every
facility, so that jointly with the Primary or Alternate Control
Center, do whatever proceeds to help it to eliminate the
interference.
In the case that the manager(s) of the ground stations(s) through
which the service is run does/do not comply with indications to the
Primary or Alternate Satellite Control Center of SATMEX in a timely
fashion, to correct or deactivate the ground station which is
producing the interference. THE CLIENT shall pay SATMEX a fine
equivalent to one percent (1%) of the monthly tariff for each hour
or fraction for the delay plus the equivalent of the compensations
SATMEX would have to pay to other clients as a consequence of said
interference.
THE CLIENT is committed to supervise the operating status of the
ground stations and to make sure that these do not produce
interference to their own signals, other clients signals or other
satellites.
11. When a client's signals are affected by interference whose origin is
unknown or undetermined which does not allow its immediate
rectification, THE CLIENT shall have the option to be relocated, as
soon as possible, to a free space so as to provide its
communications with continuity.
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This must be immediately reported to the monitoring areas of the
Primary or Alternate Satellite Control Center of SATMEX, so that in
coordination with the assignations area, it may attend and aid in
the relocation activities. As the case may be, SATMEX shall notify
THE CLIENT of the new frequencies and operating parameters, be they
temporary or definitive.
The costs incurred as a result of relocating the frequencies of the
ground stations shall be paid by THE CLIENT.
12. Any modification to the service or change of location of the ground
stations must be requested from SATMEX at least thirty (30) working
days in advance, including the complement to the technical
specifications sheet and the link calculations for the modified
carriers or new sites.
CONTRACTING.
13. To contract the service, THE CLIENT must possess a public network
concession or permit of the type envisaged in Articles 24 and 31 of
the Mexican Federal Law on Telecommunications, respectively and
pursuant to the provisions of the Satellite Communication
Regulations. The obtention of such permits shall be the
responsibility of and at the cost of THE CLIENT. A copy of this
document must be presented to SATMEX.
BILLING.
14. When the magnitude of any of the concepts used as the basis for the
application of the tariff results in fractions greater than those
established in the same, these shall be converted into unit decimal
or centesimal values, rounded up to the nearest higher number, as
corresponds.
15. The invoices for the concept of the provision of permanent services
shall be formulated for periods that correspond to one calendar
month, except when the start of the service is on a day in the
middle of the month, in which case the initial invoice shall be
formulated for the amount corresponding to the number of days
remaining for the conclusion of such month in which the service is
provided.
16. THE CLIENT shall pay the invoices under its charge, at the latest in
the date established in the correspondent invoice and in the same
currency as shown in such documents. THE CLIENT shall have the
option to pay in the banking institutions authorized by SATMEX or by
an electronic bank transfer a SATMEX account at:
Bank: Citibank, N.A.
Domicile: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇.▇.
Account number: ▇▇▇▇▇▇▇▇.
ABA number: ▇▇▇▇▇▇▇▇▇.
Beneficiary: Satelites Mexicanos, S.A. de C.V.
COMPENSATIONS.
17. SATMEX shall in no case bear economic responsibility for damages and
injuries caused by the interruptions in the service to THE CLIENT or
third parties.
SATMEX shall not grant compensation for the interruptions in the
service derived from the operation of the ground station(s) which
are not technically authorized or approved and which cause
interference or for the total or partial suspension of an
interruptible service due to providing immediate protection to a
protected or uninterruptible service, which have priority thereover.
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The compensations shall be taken into account starting from the date
on which the Satellite Control Center of SATMEX issues the report
confirming the causes that led to the interruption.
18. The interruptions in the provisions of the service, imputable to
SATMEX, shall be compensated in the following way:
I. Only shall be compensated continuous interruptions of three
(3) hours. The compensation shall be equal to one eighth of
the billing corresponding to one (1) day. A fraction of one
hour shall be calculated as a complete hour.
II. SATMEX shall not take into consideration requests for
compensation when the interruption is due to THE CLIENT's
negligence, or a failure of the apparatus and equipment which
and not the property of SATMEX and whose conservation and
operation does not pertain thereto.
III. The compensations, when applicable, shall be credited to THE
CLIENT in the due account for the second and third months
following the month in which the interruption occurred.
IV. Devolutions shall only be made in those cases in which it is
impossible to apply the compensations to other periods or
services contracted by THE CLIENT.
This Annex is signed in two copies, one copy remaining in the possession of each
party, in Mexico City, on November 9th, 1999.
FOR "SATMEX" FOR "THE CLIENT"
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
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C.E.O. PRESIDENT
9
[SATMEX LOGO]
ANNEX II
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CLIENT: GLOBALTRON COMMUNICATIONS CORPORATION
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ADDRESS: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., NEW WORLD TOWERS--25TH FLOOR
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CITY: ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ OF AMERICA
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CONTRACT: 295-I DATE: November 9th, PERIOD IN USE: THREE (3)
1999 YEARS
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REPRESENTED: ▇▇. ▇▇▇▇ ▇. ▇▇▇▇▇▇
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TECHNICAL INFORMATION
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NETWORK: POINT-POINT BANDWINTH: 18.00 MHz
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EXPLOTATION: PRIVATE
NETWORK
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SATELLITE: SATMEX 5 BAND: C SERVICE NON
CATEGORY: PREEMPTIBLE
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ORBITAL 116.6 8(degrees)W TRANSPONDER: 23C
POSITION:
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REGION: CONTINENTAL INITIAL FREQUENCY: 6385.000
FINAL FREQUENCY: 6403.00
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COST
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TOTAL AMOUNT
USD$3,000,492.00
MONTHLY COST USD
USD$83,347.00
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DATE: MEXICO, CITY, AS OF NOVEMBER 9TH, 1999
FOR "SATMEX" FOR "THE CLIENT"
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
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C.E.O. PRESIDENT
10
