Examples of Confirmed Failure in a sentence
In the event of a Confirmed Failure, Intelsat may, subject to availability, employ certain redundant equipment units on the Satellite or provide Service to Customer using another transponder which provides substantially similar coverage and performance or provide Service on another Intelsat satellite with substantially similar coverage and performance.
To the extent that such preemption results in a loss to Customer of the use of the Customer's Transponder Capacity that otherwise would be sufficient to constitute a Confirmed Failure, Customer shall have all of the rights and remedies regarding Outage Credits and termination that are set forth in Articles 5 and 7.
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.
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If PanAmSat has actual knowledge that a Lessee Transponder has suffered a failure which is clearly ascertainable or predictable, by technical analysis, that such failure will become a Confirmed Failure with the passage of time, then PanAmSat shall so notify Lessee and such Lessee Transponder shall be deemed to have suffered a Confirmed Failure upon such notification.
If Transponders of more than one Owner simultaneously suffer a Confirmed Failure, then the Owner of the Transponder with the highest priority as set forth on Exhibit C, shall have priority as to the use of Transponder Spares (provided, however, that Lessee shall have the right at any time from time to time, by written notice to HCG, to change the priorities between and among any of Lessee's Transponders), to the extent technically feasible.
If Transponders of more than one Owner simultaneously suffer a Confirmed Failure, then, to the extent technically feasible, the Lessee Transponders shall have priority over the Transponders of [***] Filed separately with the Commission pursuant to a request for confidential treatment.
Upon HCG's verification that Lessee's Transponders have suffered a Confirmed Failure, such failure shall be deemed to have commenced upon receipt by HCG of notification from Lessee, or HCG's actual knowledge, whichever first occurs, of the Confirmed Failure.
If HCG has actual knowledge that one of Lessee's Transponders has suffered a failure which is certain to become a Confirmed Failure with the passage of time, then HCG shall so notify Lessee and such Lessee Transponder shall be deemed to have suffered a Confirmed Failure upon such notification.
Neither a Confirmed Outage nor a Confirmed Failure shall be deemed to have occurred if a failure is due to: (a) the failure or non-performance of any Customer-Provided Facility; (b) the fault, negligent act, a failure to act of Customer, its employees, or agents; or (c) intermittent failures due to sun outages, meteorological, or astronomical disturbances.