Common use of LAUNCH SERVICES PROCUREMENT Clause in Contracts

LAUNCH SERVICES PROCUREMENT. Contractor’s current intention is to Launch the Spacecraft on a Sea Launch Launch Vehicle with a minimum performance capability of XXX, within a launch window of XXX (the “Nominal Launch Plan”). Contractor may (at its sole cost, without any adjustment to the Promised Delivery Date or the deadlines set forth in Paragraph 18.A.1, and subject to its obligations under Paragraph 3.B) change the Launch Vehicle to be used to Launch the Spacecraft, provided that Contractor’s selection shall be subject to NSS’ prior written consent if the selected Launch Vehicle is not a Sea Launch Launch Vehicle or an Alternate Launch Vehicle. XXX. Contractor shall promptly notify NSS of any changes to the Nominal Launch Plan and of any other circumstance that would give rise to NSS’ approval rights hereunder. Contractor shall be responsible for entering into a Launch Services Agreement with the Launch Services Provider (which shall comply with the requirements of Exhibit L) and shall be responsible for all payments, launch campaign support and all other requirements of and obligations to the Launch Services Provider arising under the Launch Services Agreement and for any licenses or other authorizations that may be required under the Export Laws in connection with the Launch. Contractor shall be responsible for ensuring that the performance capability of the selected Launch Vehicle and the design and conduct of the launch campaign will enable Contractor to meet all of its obligations to NSS under this Contract, including the Delivery of the Spacecraft so that it will meet the Contracted Orbital Maneuver Life. Contractor shall provide NSS and its consultants with all reports, data and documentation generated by Contractor or provided to Contractor by the Launch Services Provider with respect to the Launch of the Spacecraft and provide NSS and its consultants complete access to all meetings, reviews, Spacecraft/Launch Vehicle integration activities at the Spacecraft factory and at the Launch Site, and Launch Vehicle anomaly or failure investigation activities related to the Launch of the Spacecraft to the same extent as Contractor has access thereto. Contractor shall use reasonable commercial efforts, acting on a non-discriminatory basis vis-à-vis itself and its other customers, to protect NSS’ interests in the conduct of the Launch by the Launch Services Provider, including in maintaining the current launch window and, in the event that the launch window must be changed due to a launch failure, in obtaining a prompt replacement window. In the event that Contractor changes the Launch Vehicle to be used to Launch the Spacecraft in accordance with this Article 8, the Parties shall agree on amended definitions for Intentional Ignition, Launch, Terminated Ignition, and XXX to the extent necessary to conform to the new Launch Services Agreement. During construction, prior to and during Launch and IOT, Contractor shall not intentionally take any action (or omit to take any action) without NSS’ prior written consent where such action (or omission) would reasonably be expected to reduce the Spacecraft’s anticipated Orbital Maneuver Life.

LAUNCH SERVICES PROCUREMENT. Contractor’s current intention is to Launch the Spacecraft on a Sea Launch Launch Vehicle with a minimum performance capability of XXX, within a launch window of XXX (the “Nominal Launch Plan”). Contractor may (at its sole cost, without any adjustment to the Promised Delivery Date or the deadlines set forth in Paragraph 18.A.1, and subject to its obligations under Paragraph 3.B) change the Launch Vehicle to be used to Launch the Spacecraft, provided that Contractor’s selection shall be subject to NSS’ prior written consent if the selected Launch Vehicle is not a Sea Launch Launch Vehicle or an Alternate Launch Vehicle. XXXContractor shall be required to obtain NSS's prior written consent, not to be unreasonably withheld, conditioned or delayed, if the Launch Vehicle mission to be used to Launch the Spacecraft will be the first mission by such Launch Vehicle following a launch failure or material malfunction or anomaly. In considering whether to grant its consent under the previous sentence, NSS shall be entitled to make its own independent assessment of the risk of the failure of the Launch of the Spacecraft but shall also take into consideration the extent to which Contractor is assuming, if at all, an uninsured risk of a failure or malfunction of the Launch Vehicle selected by Contractor. Contractor shall promptly notify NSS of any changes to the Nominal Launch Plan and of any other circumstance that would give rise to NSS’ approval rights hereunder. Contractor shall be responsible for entering into a Launch Services Agreement with the Launch Services Provider (which shall comply with the requirements of Exhibit L) and shall be responsible for all payments, launch campaign support and all other requirements of and obligations to the Launch Services Provider arising under the Launch Services Agreement and for any licenses or other authorizations that may be required under the Export Laws in connection with the Launch. Contractor shall be responsible for ensuring that the performance capability of the selected Launch Vehicle and the design and conduct of the launch campaign will enable Contractor to meet all of its obligations to NSS under this Contract, including the Delivery of the Spacecraft so that it will meet the Contracted Orbital Maneuver Life. Contractor shall provide NSS and its consultants with all reports, data and documentation generated by Contractor or provided to Contractor by the Launch Services Provider with respect to the Launch of the Spacecraft and provide NSS and its consultants complete access to all meetings, reviews, Spacecraft/Launch Vehicle integration activities at the Spacecraft factory and at the Launch Site, and Launch Vehicle anomaly or failure investigation activities related to the Launch of the Spacecraft to the same extent as Contractor has access thereto. Contractor shall use reasonable commercial efforts, acting on a non-discriminatory basis vis-à-vis itself and its other customers, to protect NSS’ interests in the conduct of the Launch by the Launch Services Provider, including in maintaining the current launch window and, in the event that the launch window must be changed due to a launch failure, in obtaining a prompt replacement window. In the event that Contractor changes the Launch Vehicle to be used to Launch the Spacecraft in accordance with this Article 8, the Parties shall agree on amended definitions for Intentional Ignition, Launch, Terminated Ignition, and XXX The Spacecraft Absolute Latest STOP to the extent necessary to conform to the new Launch Services Agreement. During construction, prior to and during Launch and IOT, Contractor shall not intentionally take any action (or omit to take any action) without NSS’ prior written consent where such action (or omission) would reasonably be expected to reduce the Spacecraft’s anticipated Orbital Maneuver Life.