Common use of Launch Manifest Policy Clause in Contracts

Launch Manifest Policy. Contractor and Customer shall comply with the launch schedule prioritization policy set forth in this Section 5.4 in the event of a delay caused by either Customer or Contractor. 5.4.1 Subject to Section 5.4.2, Contractor agrees and acknowledges that, consistent with its manifest policy, Customer’s scheduled Launch Service (including any Additional Launches or reflight Launch Services exercised by Customer) will not be displaced from a Launch Slot or Launch Date, with the following exceptions: (i) [***…***]; (ii) [***…***]; or (iii) [***…***] available for a scheduled Customer Launch Service. If a Customer Launch Service is displaced pursuant to the terms of this Section 5.4.1, then notwithstanding such displacement, the pre-existing order of manifested launches shall remain in effect as of the date the displacement occurs. 5.4.2 In the event of a Contractor delay of either a Customer Launch Service (including any Additional Launches or reflight Launch Services exercised by Customer) or a prior Third Party launch service for reasons attributable to: (i) [***…***]; (ii) [***…***]; or (iii) [***…***], the pre-existing order of manifested launches shall remain in effect as of the date of the Contractor delay. 5.4.3 In the event of [***…***] that occurs [***…***] and is [***…***] between [***…***] associated with [***…***], Contractor shall [***…***]. If such [***…***] within [***…***] Days of the applicable [***…***], and Contractor is [***…***], then Contractor shall [***…***] provided that [***…***] shall be [***…***]. 5.4.4 In the event of [***…***] that occurs [***…***] and is [***…***] between [***…***] associated with [***…***], Contractor shall [***…***]. If such [***…***] within [***…***] Days of the applicable [***…***], and Contractor is [***…***], Contractor shall [***…***]. 5.4.5 If any Customer Launch Service (including any Additional Launches or reflight Launch Services exercised by Customer) is a DO/DX Launch, Contractor shall perform such Launch Service in accordance with the prioritization requirements of the CSLA. 5.4.6 Subject to Section 5.5, Contractor shall assign any available Launch Opportunities to Customer or its existing Third Party customers on a first-come, first-served basis upon the earlier in time receipt of a binding contract amendment, change order or option exercise from Customer or any existing Third Party customer.