TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 52

10.4

Postponements Requested by CGWIC

(a) CGWIC has the right to postpone the Launch:

(i)

(ii)

If, 180 days or less before the first day of the Launch Period or the Launch Day, if then determined, CGWIC experiences adverse technical problems preventing the Launch from taking place under satisfactory conditions of safety or reliability or CGWIC determines that the success of the Launch will be adversely affected because of equipment malfunctions, weather conditions, availability of necessary services or specialized personnel or other similar reasons always provided the cause of such malfunction or unavailability of services or personnel is not due to any failure of CGWIC to perform any of its obligations under this Contract; or

The Client fails to make any payment due hereunder on the date such payment is due and such failure continues unremedied for a period of 7 days after notice of such failure to make payment has been given by CGWIC to the Client; or

(iii) If CGWIC notifies the Client of its request

120 days or less before the then-existing Launch Day, for a total period of up to fifteen (15) days for any reason whatsoever.

(iv)

After final determination of the Launch Day pursuant to Paragraph 6.4 hereof, any postponement requested by CGWIC for reasons solely caused by CGWIC and which are outside the permitted periods of postponement or which are not otherwise permitted hereunder shall entitle the Client to compensation at the rate of 、

per day for each day in excess of such permitted period up to a cumulative maximun of

(b) The rights of CGWIC to postpone the Launch under

Sub-paragraph 10.4 (a) shall be exercised reasonably and by CGWIC giving notice promptly to the Client of its decision and the reasons therefor. The Parties shall determine by mutual agreement a new Launch Period, Launch Slot, Launch Day and/or Launch Time taking into account the reasons for the postponement and the requirements of the Client.

(c) Except as provided in (d) below, the postponement by

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