10.6
CGWIC of the Launch Period, Launch Slot, Launch Day or Launch Time due to any conditions set forth in Sub-paragraph 10.4(a) will not give rise to any obligation of the Client to make payment of any postponement fee under this Article 10.
(d) Postponements arising as a result of the Client's failure to remedy a payment or other default hereunder, which was not attributable to a failure by CGWIC to perform its obligations under the Contract in a timely fashion, shall give rise to the obligation of the Client to pay a postponement fee as provided in Sub-paragraph 10.3(d) hereof . calculated by reference to:
(i)
(ii)
the point of time at which the notice is given to the Client by CGWIC of such failure; and
the period for which the failure continues unremedied starting from the 7th day after receipt of the Client of such notice of failure and shall be without prejudice to any other right of CGWIC under this Contract in respect of such failure.
(e) The postponement by CGWIC of the Launch Period or
the Launch Slot or the Launch Day for more than 12 months, excluding postponements requested due to Events of Force Majeure and postponements requested under Sub-paragraph 10.4(a)(ii), shall entitle the
The Client shall Client to terminate this Contract. not be obligated to terminate this Contract in such circumstances. In the event of such termination the Client shall be entitled to the refund of all payments made by the Client prior to the date of
but such termination minus the sum of
with respect to Optional Services, the Client shall be liable for paying for the Optional Service(s) actually performed by CGWIC prior to the date of such termination.
Any postponement hereunder shall not modify the payment schedule defined in Article 9, Paragraph 9.3 therein, except that in the event the Launch is postponed for an aggregate period exceeding three (3) months by CGWIC due to any condition set forth in Sub-paragraph 10.4 (a) (other than Sub-paragraph (ii) thereof) or by either Party due to an Event of Force Majeure, then the Client may defer payments remaining due under the payment schedule at the time postponement is requested by a length of time equal to such postponement period.
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