Common use of Performance of On-Orbit Satellite Acceptance Clause in Contracts

Performance of On-Orbit Satellite Acceptance. [***…***] days prior to the scheduled Launch of a Satellite Batch, Contractor shall notify Purchaser in writing of the On-Orbit Satellite Acceptance schedule with respect to the Satellites of the relevant Satellite Batch. After each Satellite has been placed in its on-orbit test slot, Contractor shall perform the On-Orbit Satellite Acceptance in accordance with the requirements of this Contract, including Appendix F Part 1 and the NEXT On-Orbit Satellite Acceptance Plan, and conduct an OSA review with Purchaser within [***…***] Business Days of completing the On-Orbit Satellite Acceptance (with a summary OSA report being submitted at least [***…***] prior to conducting the OSA review), in accordance with the applicable provisions of this Contract, including Appendix F Part 1 and the NEXT On-Orbit Satellite Acceptance Plan. Upon the completion of the OSA review and resolution of any Defects or Anomalies to the Purchaser’s satisfaction, and provided that the requirements of Article 10.2 have been met, Purchaser shall be deemed to have accepted the OSA results. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. In case of Launch failure or if, after Launch, a Satellite is determined to be a Constructive Total Loss or Total Loss, or if a Partial Loss has occurred and, in either case, such loss is due to causes not attributable to Contractor (for avoidance of doubt, causes attributable to a Launch Services Provider or resulting from extraneous events such as space debris or micrometeorite impacts shall not be considered causes attributable to Contractor), the OSA shall be deemed to have occurred and the Contractor shall be paid the On-Orbit Satellite Acceptance Milestone of such Satellite within [***…***] days after the date of occurrence of such Total Loss or Constructive Total Loss.

Performance of On-Orbit Satellite Acceptance. [***…***] days prior to the scheduled Launch of a Satellite Batch, Contractor shall notify Purchaser in writing of the On-Orbit Satellite Acceptance schedule with respect to the Satellites of the relevant Satellite Batch. After each Satellite has been placed in its on-orbit test slot, Contractor shall perform the On-Orbit Satellite Acceptance in accordance with the requirements of this Contract, including Appendix F Part 1 and the NEXT On-Orbit Satellite Acceptance Plan, and conduct an OSA review with Purchaser within [***…***] Business Days of completing the On-Orbit Satellite Acceptance (with a summary OSA report being submitted at least [***…***] prior to conducting the OSA review), in accordance with the applicable provisions of this Contract, including Appendix F Part 1 and the NEXT On-Orbit Satellite Acceptance Plan. Upon the completion of the OSA review and resolution of any Defects or Anomalies to the Purchaser’s satisfaction, and provided that the requirements of Article 10.2 have been met, Purchaser shall be deemed to have accepted the OSA results. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . ....***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. In case of Launch failure or if, after Launch, a Satellite is determined to be a Constructive Total Loss or Total Loss, or if a Partial Loss has occurred and, in either case, such loss is due to causes not attributable to Contractor (for avoidance of doubt, causes attributable to a Launch Services Provider or resulting from extraneous events such as space debris or micrometeorite impacts shall not be considered causes attributable to Contractor), the OSA shall be deemed to have occurred and the Contractor shall be paid the On-Orbit Satellite Acceptance Milestone of such Satellite within [***…***] days after the date of occurrence of such Total Loss or Constructive Total Loss.