Skynet Space Segment Service [Amendment No. 4] - Colorado Satellite Broadcasting Inc. and Loral Skynet
LORAL SKYNET PROPRIETARY
AMENDMENT NUMBER FOUR
T40110100-04
TO THE AGREEMENT BETWEEN
COLORADO SATELLITE BROADCASTING INC.
AND
LORAL SKYNET(R)1
CONCERNING SKYNET SPACE SEGMENT SERVICE
On this 27th day of January, 2004, this amendment number four ("Amendment Number
Four") is made to the Agreement between Colorado Satellite Broadcasting Inc., a
corporation organized and existing under the laws of the State of Colorado and
having its primary 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
whereby SKYNET is providing C-Band Service on the Telstar 4 satellite; and
WHEREAS, on November 26, 2002, May 15, 2003, and October 20, 2003 CUSTOMER and
SKYNET amended the above-referenced Agreement; and
WHEREAS, CUSTOMER and SKYNET now wish to further amend the Agreement; and
NOW, THEREFORE, CUSTOMER and SKYNET, in consideration of the mutual covenants
expressed herein, agree as follows:
1. SECTION 1.1 OF THE AGREEMENT IS DELETED IN ITS ENTIRETY AND IS REPLACED
WITH THE FOLLOWING:
1.1 (a) SKYNET offers and CUSTOMER hereby orders satellite space
segment services as indicated in Section 2 below. Such
services are provided on the Telstar 6 satellite on a
full-time basis, 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 DELETED IN ITS ENTIRETY AND IS REPLACED
WITH THE FOLLOWING:
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1 SKYNET and its logo are registered trademarks of Loral SpaceCom Corporation
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2. RATES AND TERMS OF SERVICE
CUSTOMER shall pay a monthly rate for the Service in accordance with
Paragraph 2 of the General Terms and Conditions and the following table:
--------------- --------------------------- -------------- --------------------------- ------------------------------
QUANTITY SERVICE TYPE SATELLITE START AND END DATE MONTHLY RATE PER TRANSPONDER
--------------- --------------------------- -------------- --------------------------- ------------------------------
1 (C1) 36 MHz, C-Band Telstar 6 1-1-04 - 12-31-04 $
Business Preemptible
--------------- --------------------------- -------------- --------------------------- ------------------------------
1 (C7) 36 MHz, C-Band Telstar 6 1-1-04 - 12-31-04 $
Business Preemptible
--------------- --------------------------- -------------- --------------------------- ------------------------------
1 (C14) 36 MHz, C-Band Telstar 6 9-19-03 - 1-31-04 $
Business Preemptible
--------------- --------------------------- -------------- --------------------------- ------------------------------
3. SECTION 4.2 OF THE AGREEMENT IS DELETED IN ITS ENTIRETY AND IS REPLACED
WITH THE FOLLOWING:
4.2 EARLY TERMINATION OPTION
At any time after November 30, 2004 CUSTOMER may terminate one (1) 36 MHz,
C-Band transponder upon not less than thirty (30) days prior written
notice. Upon the effective date of such a termination, CUSTOMER shall have
no further payment obligation for the terminated transponder other than for
outstanding charges for the terminated transponder provided up until the
date of termination, and for any indemnification obligations of CUSTOMER.
Except as specifically amended in this Amendment Number Four, the Agreement
shall remain in full force and effect in accordance with its terms.
IN WITNESS WHEREOF, the parties have entered into this Amendment Number Four to
the Agreement on the day and year first above written.
COLORADO SATELLITE LORAL SKYNET, A DIVISION OF
BROADCASTING INC. LORAL SPACECOM CORPORATION
By: /s/ Larry Harmon By: /s/Sandra James
--------------------------------- -----------------------------------
Print: Larry Harmon Print: Sandra James
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Title: VP of Broadcast Operations Title: Director, Contract Management
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Date: 1/29/04 Date: 1/29/04
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