Exhibit 10.1
AMENDMENT #2 TO SATELLITE SERVICE AGREEMENT
THIS AMENDMENT #2 ("Amendment #2") to the Satellite Service Agreement for
AMC-16 effective as of February 19, 2004, as amended by Amendment #1 effective
as of March 10, 2004 (collectively the "Original Agreement"), between SES
Americom, Inc., as agent for SES Americom California, Inc. (for the period prior
to the In-Service Date) and SES Americom Colorado, Inc. (for the period on and
after the In-Service Date), on the one hand, and EchoStar Satellite L.L.C.,
formerly known as EchoStar Satellite Corporation ("Customer") ***, is made
effective as of April 30, 2004 (the "Amendment #2 Effective Date"). All
references to "SES Americom" herein shall include SES Americom California, Inc.,
SES Americom Colorado, Inc., and SES Americom, Inc. as agent for each. Defined
terms used in this Amendment #2 have the meanings specified herein or in the
Original Agreement. The Original Agreement as amended by this Amendment #2 is
referred to as the "Agreement".
SES Americom and Customer agree to amend the Original Agreement in
accordance with the terms and conditions set forth below. ***
(3) Section 11.WW. The definition of Launch Service Agreement in
Section 11.WW is replaced with the following: ***
(4) General. Except as expressly modified herein, the Original Agreement
shall remain in full force and effect in accordance with its terms and
conditions.
This AMENDMENT #2 contains the complete and exclusive understanding of
the parties with respect to the subject matter hereof and supersedes all prior
negotiations and agreements between the parties with respect thereto.
ECHOSTAR SATELLITE L.L.C. SES AMERICOM, INC., as agent for
SES AMERICOM CALIFORNIA, INC. and
By: EchoStar DBS Corporation, its SES AMERICOM COLORADO, INC.
sole member
By: By:
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(Signature) (Signature)
Name: Name:
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(Typed or Printed Name) (Typed or Printed Name)
Title: Title:
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***Certain confidential portions of this exhibit were omitted by means of
redacting a portion of the text. Copies of the exhibit containing the redacted
portions have been filed separately with the Securities and Exchange Commission
subject to a request for confidential treatment pursuant to Rule 24b-2 under the
Securities Exchange Act.
