New Frontier Media 10-Q 2005
AMENDMENT NO. 3 TO CONTRACT NUMBER T70112100
This Amendment (the Amendment) is made as of August 25, 2005 (the Effective Date) by and between Colorado Satellite Broadcasting Inc., a corporation organized and existing under the laws of the State of Colorado with offices located at 7007 Winchester Circle, Suite 200, Boulder, CO 80301 (hereinafter referred to as the Customer which expression shall include its successors and permitted assigns) and Intelsat USA Sales Corp. (Intelsat), a company organized and existing under the laws of the State of Delaware, with offices at 3400 International Drive, N.W. Washington D.C. 20008 (hereinafter referred to as Intelsat which expression shall include its successors and permitted assigns); each of them referred to individually as a Party and collectively as the Parties.
WHEREAS, Loral Skynet and the Customer executed an Agreement Concerning Skynet Transponder Service (the Agreement), for the provision of C-Band capacity on Intelsat Americas (IA, formerly Telstar) 7 on January 24, 2002, as amended;
WHEREAS, Loral Skynet assigned its rights and obligations under the Agreement to Intelsat effective 17th March 2004;
WHEREAS, on 28 November 2004, the IA-7 satellite experienced a major service failure and pursuant to Section 7 of the General Terms and Conditions of the Agreement (Restoration of a Failed Space Segment), Intelsat offered to restore the Services (on the transponder retained by the Customer) on the Intelsat Americas 13 (IA-13) satellite; the Customer accepted such restoration;
WHEREAS, the Parties desire to amend the Terms and Conditions of the Agreement as hereinafter set forth.
NOW THEREFORE, the Parties agree to amend the Terms and Conditions to the Agreement as described below:
C. Section 1.1 is supplemented with the following:
1.1 (c) Intelsat offers and Customer hereby orders satellite space segment service from January 1, 2006 through and including December 31, 2010. 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 IA-13 satellite (the Service Satellite) located at 121°W, 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).
Except as herein amended, all other provisions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms of this Amendment and those of the Agreement, the terms of this Amendment shall supersede those of the Agreement and exclusively govern the matter in question.
IN WITNESS WHEREOF, the Parties hereto have executed or caused to be executed this Amendment as of the Effective Date first written above
Intelsat USA Sales Corp.
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