Postponements requested by CUSTOMER. 11.2.1 CUSTOMER shall have the right for any reason whatsoever to postpone the Launch Period and, once determined, the Launch Slot or the Launch Day. The CUSTOMER’s written notice for postponement shall indicate the new requested Launch Period, Launch Slot or Launch Day, as the case may be. 11.2.1.1 If the CUSTOMER’s written request relates to a Launch Period or a Launch Slot postponement, ARIANESPACE shall inform CUSTOMER within TWO (2) weeks of receipt of such request whether a Launch Opportunity exists within the Launch Period or the Launch Slot requested, or will propose a new Launch Period or Launch Slot. CUSTOMER shall have THIRTY (30) days following receipt of ARIANESPACE’s proposal to consent thereto in writing. 11.2.1.2 If the CUSTOMER’s written request relates to a Launch Day postponement, the choice of a new Launch Day shall be made by mutual agreement of the Parties, taking into account (i) the technical needs and interests of CUSTOMER and ARIANESPACE and any of the Third Party Customer(s) of ARIANESPACE, (ii) the time necessary for the revalidation of the launch assembly complex consisting of the Launch Vehicle, the Launch Base (ELA) and the payload preparation assembly (EPCU) and (iii) meteorological forecasts. 11.2.1.3 Any postponements by CUSTOMER of the Launch Time within the Launch Window may only be requested during the countdown period. In the event that CUSTOMER has requested such postponement and technical reasons, including, without limitation, those relating to any Third Party Customer(s) of ARIANESPACE, or meteorological reasons prevent ARIANESPACE from performing the Launch in the Launch Window opening during the Launch Day, the postponement shall be considered to be a postponement of the Launch Day. 11.2.1.4 In the event of a postponement requested by CUSTOMER, the CUSTOMER will be re-sequenced to the next available Launch Opportunity, taking into account the commercial requirements and interests of CUSTOMER. 11.2.1.5 In the event that the aggregate duration of all postponements requested by CUSTOMER for the Launch under this Agreement exceeds [***], the Launch Services price shall be renegotiated by the Parties on a fair and reasonable basis.
Appears in 1 contract
Sources: Launch Services Agreement (Hughes Communications, Inc.)
Postponements requested by CUSTOMER. 11.2.1 CUSTOMER shall have the right for any reason whatsoever to postpone the Launch Period and, once determined, the Launch Slot or the Launch Day. The CUSTOMER’s written notice for postponement shall indicate the new requested (i) Launch Period, or (ii) Launch Slot Slot, or (ii) Launch Day, as the case may be. For the avoidance of any doubt, CUSTOMER’s existing Launch Period, Launch Slot or Launch Day (as applicable) shall not be relinquished until CUSTOMER has agreed to the new Launch Period, Launch Slot or Launch Day (as applicable) pursuant to the provisions of this Paragraph 11.2.
11.2.1.1 If the CUSTOMER’s written request relates to a Launch Period or a Launch Slot postponement, ARIANESPACE shall inform CUSTOMER within TWO (2) weeks of receipt of such request request, ARIANESPACE shall inform CUSTOMER whether a Launch Opportunity exists within the Launch Period Period, or within the Launch Slot requested, or will propose a new Launch Period or Launch Slot, taking into account CUSTOMER’s requests, within the next available Launch Opportunity. CUSTOMER shall have THIRTY (30) days following receipt of ARIANESPACE’s proposal to consent thereto in writing.
11.2.1.2 If the CUSTOMER’s written request relates to a Launch Day postponement, the choice of a new Launch Day shall be made by mutual agreement of the Parties, taking into account (i) the technical needs and interests of CUSTOMER and ARIANESPACE and any of the Third Party Customer(s) of ARIANESPACE, (ii) the time necessary for the revalidation of the launch assembly complex consisting of the ARIANE Launch Vehicle, the Launch Base (ELA) ), and the payload preparation assembly (EPCU) ), and (iii) meteorological forecasts.
11.2.1.3 Any postponements by CUSTOMER of the Launch Time within the Launch Window may only be requested during the countdown period. In the event that CUSTOMER has requested such postponement and technical reasons, including, without limitation, those relating to any Third Party Customer(s) of ARIANESPACE, or meteorological reasons prevent ARIANESPACE from performing the Launch in the Launch Window opening during the Launch Day, the postponement shall be considered to be a postponement of the Launch Day.
11.2.1.4 In the event of a postponement requested by CUSTOMER, the CUSTOMER will be re-sequenced to the next available Launch Opportunity, taking into account the commercial requirements and interests of CUSTOMER.
11.2.1.5 In the event that the aggregate duration of all postponements requested by CUSTOMER for the a particular Launch under this Agreement exceeds Agreement, result in CUSTOMER delaying such Launch by more than [***]] months, the related * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Launch Services price shall be renegotiated in good faith by the Parties on a fair and reasonable basis.
11.2.2 If CUSTOMER requests a postponement in the Launch Period, Launch Slot or Launch Day, and ARIANESPACE, in its reasonable judgment, determines that a Launch Opportunity is not available in the time requested by CUSTOMER, and the Launch is subsequently scheduled to occur in a later Launch Period, Launch Slot or Launch Day than that requested by CUSTOMER, then the total number of calendar days of postponement originally requested by CUSTOMER shall be attributed to CUSTOMER. Any delay in the Launch schedule resulting from the determination by ARIANESPACE of the availability of a Launch Opportunity in excess of the postponement requested by CUSTOMER shall not be deemed to be attributed to CUSTOMER or ARIANESPACE.
Appears in 1 contract