Common use of Postponement requested by Customer Clause in Contracts

Postponement requested by Customer. 8.2.1 The Customer shall have the right, for any reason whatsoever, to postpone the Launch Period, Launch Slot or Launch day of either Launch without cost or penalty, except as provided for in Article 8.2.2 and 8.2.3 below. The Customer shall give written notice to EUROCKOT of any desired postponement as soon as possible together with a proposal for a new Launch Period, Launch Slot or Launch Day, as the case may be. Within fifteen (15) days of receipt of the written request for postponement, EUROCKOT shall inform the Customer if the proposed Launch Period, Launch Slot or Launch Day is acceptable or will propose a new Launch Period, Launch Slot or Launch Day. The Customer shall have fifteen (15) days following receipt of EUROCKOT's proposal to consent thereto in writing. In the event that EUROCKOT does not agree with the Customer's proposal or does not propose a new Launch Period, Launch Slot or Launch Day, the Customer shall propose an alternative Launch Period, Launch Slot or Launch Day. The procedure, as described above, shall be followed until agreement is reached between the Customer and EUROCKOT. 8.2.2 In the event of a corresponding request by the Customer after erection of the launch vehicle on the launch pad the Customer shall bear all cost arising for deintegration of launch vehicle and Payload (,,destack"), defueling, restack and refueling, but not more than **. (** Represents redacted material made pursuant to a confidential treatment request) 8.2.3 In the event that any postponement of a Launch by the Customer under this Article 8 exceeds twelve (12) months (either consecutively or in the aggregate), the price and terms for the Launch Services and the Associated Services, including postponement fees, shall be subject to renegotiation by the Parties. 8.2.4 Postponement fees payable by the Customer hereunder shall be paid to EUROCKOT within 30 days of the request for a postponement. 8.2.5 The payment schedule as stated in Article 7 shall not be affected by postponements requested by the Customer.

Appears in 1 contract

Sources: Launch Services Agreement (DBS Industries Inc)

Postponement requested by Customer. 8.2.1 The Customer shall have the right, for any reason whatsoever, to postpone the Launch Period, Launch Slot or Launch day of either Launch without cost or penalty, except as provided for in Article 8.2.2 and 8.2.3 below. The Customer shall give written notice to EUROCKOT of any desired postponement as soon as possible together with a proposal for a new Launch Period, Launch Slot or Launch Day, as the case may be. Within fifteen (15) days of receipt of the written request for postponement, EUROCKOT shall inform the Customer if the proposed Launch Period, Launch Slot or Launch Day is acceptable or will propose a new Launch Period, Launch Slot or Launch Day. The Customer shall have fifteen (15) days following receipt of EUROCKOT's proposal to consent thereto in writing. In the event that EUROCKOT does not agree with the Customer's proposal or does not propose a new Launch Period, Launch Slot or Launch Day, the Customer shall propose an alternative Launch Period, Launch Slot or Launch Day. The procedure, as described above, shall be followed until agreement is reached between the Customer and EUROCKOT. 8.2.2 In the event of a corresponding request by the Customer after erection of the launch vehicle on the launch pad the Customer shall bear all cost arising for deintegration of launch vehicle and Payload (,,destack"), defueling, restack and refueling, but not more than **. (** Represents redacted material made pursuant to a confidential treatment request)than 8.2.3 In the event that any postponement of a Launch by the Customer under this Article 8 exceeds twelve (12) months (either consecutively or in the aggregate), the price and terms for the Launch Services and the Associated Services, including postponement fees, shall be subject to renegotiation by the Parties. 8.2.4 Postponement fees payable by the Customer hereunder shall be paid to EUROCKOT within 30 days of the request for a postponement. 8.2.5 The payment schedule as stated in Article 7 shall not be affected by postponements requested by the Customer.

Appears in 1 contract

Sources: Launch Services Agreement (DBS Industries Inc)