Skynet Space Segment Service [Amendment No. 2] - Colorado Satellite Broadcasting Inc. and Loral Skynet
Colorado Satellite Broadcasting Inc. - T70112100-02
Amendment Number Two
10-17-02
Page 1 of 1
T70112100 - 02
AMENDMENT NUMBER TWO
TO THE
AGREEMENT BETWEEN
COLORADO SATELLITE BROADCASTING INC.
AND
LORAL SKYNET(R)1
CONCERNING SKYNET SPACE SEGMENT SERVICE
On this 17th day of October, 2002, this amendment number two ("Amendment Number
Two") is made between Colorado Satellite Broadcasting Inc., a corporation
organized and existing under the laws of the State of Colorado and having its
place of business at 7007 Winchester Circle, Suite 200, Boulder, CO 80301
(hereinafter referred to as "CUSTOMER", which expression shall include its
successors and permitted assigns), and Loral Skynet, a division of Loral
SpaceCom Corporation, a corporation organized and existing under the laws of the
State of Delaware, and having a place of business at 500 Hills Drive,
Bedminster, New Jersey 07921 (hereinafter referred to as "SKYNET", which
expression shall include its successors and permitted assigns).
WITNESSETH:
WHEREAS, on January 24, 2002 CUSTOMER and SKYNET entered into an Agreement for
SKYNET C-Band space segment service on the Telstar 7 satellite;
WHEREAS, on February 7, 2002, SKYNET and CUSTOMER amended the aforementioned
Agreement for space segment capacity on the Telstar 7 satellite; and
WHEREAS, CUSTOMER and SKYNET now desire to further amend the aforementioned
Agreement;
NOW, THEREFORE, CUSTOMER and SKYNET, in consideration of the mutual covenants
expressed herein, agree as follows:
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1 SKYNET(R)and its logo are registered trademarks of Loral SpaceCom Corporation
LORAL SKYNET PROPRIETARY
<PAGE>
1. Section 1.1 of the Agreement is hereby deleted in its entirety and replaced
with the following:
1.1(a) SKYNET offers and CUSTOMER hereby orders satellite space
segment service from February 1, 2002 through and including
December 31, 2002. Such service consists of Non-Preemptible,
C-Band satellite space segment capacity, consisting of 9.5 MHz
of power equivalent bandwidth ("PEB") on a full-time basis via
the Telstar 7 satellite (the "Serving Satellite"), located at
129(Degree) W.L., along with Telemetry, Tracking and Control
("TT&C"), and maintenance of the satellite used to provide the
space segment capacity (collectively, the "Service" or
"Services").
1.1(b)SKYNET offers and CUSTOMER hereby orders satellite space
segment service from January 1, 2003 through and including
December 31, 2005. Such service consists of Non-Preemptible,
C-Band satellite space segment capacity, consisting of 20.5
MHz of power equivalent bandwidth ("PEB") on a full-time basis
via the Telstar 7 satellite (the "Serving Satellite"), located
at 129(Degree) W.L., along with Telemetry, Tracking and
Control ("TT&C"), and maintenance of the satellite used to
provide the space segment capacity (collectively, the
"Service" or "Services").
2. Section 2 of the Agreement is hereby deleted in its entirety and replaced
with the following:
2. RATE AND TERM OF SERVICE
CUSTOMER shall pay a monthly rate for the Service as set forth in the
following table:
Monthly Rate Per
Quantity Service Satellite Term Space Segment
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1 (one) 9.5 MHz Telstar 7 2-1-02- 12-31-02 $
C-24 Non-Preemptible
Transitioning to
1 (one) 20.5 MHz Telstar 7 1-1-03- 12-31-05* $
C-24 Non-Preemptible
* Subject to availability, CUSTOMER has the option to extend their
Service as described in Section 1 ("SKYNET SERVICES") and at the
then effective rate described in Section 2 ("RATE AND TERM OF
SERVICE") for not more than two (2) years. CUSTOMER may exercise
such option by giving SKYNET written notice of CUSTOMER's
intention to extend their Service no later than June 30, 2005.
LORAL SKYNET PROPRIETARY
<PAGE>
Except as specifically amended hereby, the Agreement shall remain in full force
and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment Number
Two as of the day and year first above written, and agree to the terms and
conditions set forth herein.
COLORADO SATELLITE LORAL SKYNET, A DIVISION OF
BROADCASTING INC. LORAL SPACECOM
CORPORATION
By /s/ Larry Harmon By: /s/ R.J. De Martini
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Print: Larry Harmon Print: R.J. DeMartini
Title VP Technology Title: Director, Contracts
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Date: October 28, 2002 Date: October 28, 2002
LORAL SKYNET PROPRIETARY