AMENDMENT XX. 0
XXXXXXXX XX. 000000-X
DIRECT BROADCAST SATELLITE CONTRACT
BETWEEN
UNITED STATES SATELLITE BROADCASTING COMPANY, INC.
AND
LOCKHEED XXXXXX CORPORATION
THIS AMENDMENT is effective May 1, 1998.
WHEREAS, USSB and the Contractor (hereinafter referred to as the "Parties"),
have agreed to an extension in the suspension of all program activities
effective May 1, 1998 through a period not to exceed October 1, 1998 and;
WHEREAS the Parties, recognizing that a specific date ending the extension of
the suspension may occur at any time during such period and;
WHEREAS the Parties, recognizing that changes are required in the Contract,
have created this Amendment No. 5;
NOW THEREFORE, in consideration of the promises and mutual covenants
hereinafter contained, the Parties agree to the following:
I. Beginning on May 1, 1998, and on the first day of each month thereafter
until the first day of the subsequent month after Contractor's receipt of
USSB's written Request for Resumption of Activities, and continuing through
a period not to exceed October 1, 1998, the Parties agree to amend the
Terms and Conditions of the subject Contract as follows:
A. In Article 3.B, Price, the price of the Spacecraft and the Total
Contract Price shall be adjusted on a monthly basis as follows:
Date of Monthly Total Increase in Total Increase in
Increment Increment Price of Spacecraft Total Contract Price
--------- --------- ------------------- --------------------
May 1, 1998
June 1, 1998
July 1, 1998 * * *
August 1, 1998
September 1,1998
October 1, 1998
B. With respect to Article 4, Deliverable Items and Delivery Schedule,
upon the receipt by the Contractor of USSB's written Request for
Resumption of Activities on or before June 1, 1998 the delivery
schedule for the Spacecraft will be the end of the Fourth Quarter,
1999. With the receipt by the Contractor of USSB's written Request
for Resumption of Activities after June 1, 1998 and on or before
October 1, 1998, the delivery schedule for the Spacecraft will be
negotiated in accordance with the provisions of Section II of this
Amendment.
Page 1 of 2
C. In Article 5.A, Progress and Milestone Payments, the Progress Payment
Plan, beginning with Payment Number 18 and continuing through Payment
Number 23 will be adjusted to * each month as
follows:
Date of Payment Monthly Total Cumulative Total
Increment Number ($ in U.S. Millions) ($ in U.S. Millions)
--------- --------- -------------------- --------------------
May 1, 1998
June 1, 1998
July 1, 1998 * * *
August 1, 1998
September 1, 1998
October 1, 1998
D. In Article 15A, USSB's Right to Terminate, the Termination Schedule
shall be changed as follows:
Date of Monthly Total Cumulative Total
Increment ($ in U.S. Millions) ($ in U.S. Millions)
--------- -------------------- --------------------
May - 1998
June
July * *
August
September
October
II. Upon receipt by the Contractor of USSB's written Notice of Resumption of
Activities, the Parties agree to modify the Articles and Exhibits of this
Contract. Such modifications shall, at a minimum, provide the appropriate
adjustments to the balance of all schedules, amounts, and events described
and contemplated by this Amendment but not adjusted by this amendment and
will be predicated on the date of USSB's written Request for Resumption of
Activities. In the event that the Parties do not agree to such
modifications as evidenced by a written amendment to this Contract by
October 1, 1998, this Contract will be considered terminated for the
convenience of USSB in accordance with the provisions of Article 15.
III. Except as specifically set forth above all other terms and conditions
of the Contract shall remain in full force and effect in accordance with
the terms and conditions as originally written and such terms and
conditions shall not be affected or modified by this Amendment No. 5.
IN WITNESS THEREOF, the Parties have caused this Amendment No. 5 to be signed by
their duly authorized officer or representative.
United States Satellite Lockheed Xxxxxx Corporation
Broadcasting Company, Inc.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxx
------------------------------ ----------------------------------
Xxxxxx X. Xxxxxxx Xx. X. Xxxxxxxxx
Executive Vice President Contracts Manager
Lockheed Xxxxxx Telecommunications
*Material deleted pursuant to request for confidential treatment.
Page 2 of 2
