SPACECRAFT LAUNCH DATE. 7.1 This Contract is written on the basis that one (1) flight Spacecraft supplied hereunder will be Launched as specified below: Spacecraft Launch Vehicle Launch Period ---------- -------------- ------------- Galaxy ▇▇▇▇-▇ ▇▇▇▇▇ ▇▇-▇▇ ▇▇▇▇ ▇▇ Apr 97 - 31 May 97 The Buyer shall notify Contractor of the specific Launch Date no later than sixteen (16) weeks prior to the selected Launch Date. 7.2 The price set forth in Paragraph 5.1 includes Contractor furnished Launch Support Services, Post Launch Support Services, and In-orbit Test Support Services. The price set forth in Paragraph 5.1 assumes the launch of the Spacecraft on an Atlas II-As Blk1 launch vehicle within twenty-eight (28) calendar days after delivery of the Spacecraft to the Launch Site. 7.3 No less than sixteen (16) weeks prior to the launch date, Buyer shall order Contractor by notice in writing to commence launch campaign preparations including, but not limited to, reserving ground, air or marine transportation for hardware shipment to the Launch Site, installing necessary communications links to the Launch Site, etc. 7.4 If the Spacecraft launch date defined in Paragraph 7.1 is postponed for any reason other than the sole fault of Contractor, excluding any postponement due to an Excusable Delay as defined in Article 12, the Parties shall negotiate in good faith to determine an equitable adjustment to the price and affected terms of this Contract, if any. If the cost of supplies or materials made obsolete or excess as a result of a such postponement is included in the equitable adjustment, HCG shall have the right to prescribe the manner of disposition of such supplies or materials. Costs included in the equitable adjustment shall include but not be limited to; support personnel standby; extra travel expenses; transport termination or rescheduling fees; and installation/de-installation of communication links to the Launch Site and a profit rate of ****************** or such other profit rate designated in writing by the Chief Financial Officer of the ▇▇▇▇▇▇ Space and Telecommunications Company (or then existing equivalent) for the applicable expenses. 7.5 Notwithstanding the foregoing, if the Spacecraft launch date defined in Paragraph 7.1 is postponed by either Party due to an Excusable Delay, as defined in Paragraph 12.1 herein, the terms of Article 12 herein shall govern such postponement. REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission
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SPACECRAFT LAUNCH DATE. 7.1 This Contract is written on the basis that one (1) flight Spacecraft supplied hereunder will be Launched as on a Delta-II launch vehicle on the date specified below: Spacecraft Launch Vehicle Launch Period Date ---------- -------------- ------------- ----------- Galaxy ▇▇▇▇IX Delta-▇ ▇▇▇▇▇ ▇▇-▇▇ ▇▇▇▇ ▇▇ Apr 97 - 31 May 97 The Buyer shall notify Contractor of the specific Launch Date no later than sixteen (16) weeks prior to the selected Launch Date.II 17 April 1996
7.2 The price set forth in Paragraph 5.1 includes Contractor furnished Launch Support Services, Post Launch Support Services, and In-orbit Test Support Services. The price set forth in Paragraph 5.1 assumes the launch of the Spacecraft on an Atlas IIa Delta-As Blk1 II launch vehicle within twentyThirty-eight Five (2835) calendar days after delivery of the Spacecraft to the Launch Site.
7.3 No less than sixteen (16) weeks prior to the launch date, Buyer shall order Contractor by notice in writing to commence launch campaign preparations including, but not limited to, reserving ground, ground and air or marine transportation for hardware shipment to the Launch Site, installing necessary communications links to the Launch Site, etc.
7.4 If the Spacecraft launch date defined in Paragraph 7.1 is postponed for any reason other than the sole fault of Contractor, excluding any postponement due to an Excusable Delay as defined in Article 12, the Parties shall negotiate in good faith to determine an equitable adjustment to the price and affected terms of this Contract, if any. If the cost of supplies or materials made obsolete or excess as a result of a such postponement is included in the equitable adjustment, HCG shall have the right to prescribe the manner of disposition of such supplies or materials. Costs included in the equitable adjustment shall include but not be limited to; support personnel standby; extra travel expenses; transport termination or rescheduling fees; and installation/de-installation of communication links to the Launch Site and a profit rate of ********************* or such other profit rate designated in writing by the Chief Financial Officer of the ▇▇▇▇▇▇ Space and Telecommunications Company (or then existing equivalent) for the applicable expenses.
7.5 Notwithstanding the foregoing, if the Spacecraft launch date defined in Paragraph 7.1 is postponed by either Party due to an Excusable Delay, as defined in Paragraph 12.1 herein, the terms of Article 12 herein shall govern such postponement. REDACTED CONFIDENTIAL TREATMENT REQUESTED -------------------------------- The asterisked portions of this document have been omitted and are filed separately with the Securities and Exchange Commission
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