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ARTICLE 11
REFLIGHT AND CASH REFUND GUARANTEES
The Client can purchase protection for Launch Failure from CGWIC in accordance with the provisions of this Article. Such protection consists of one of two options, i.e. a Reflight option or a cash refund option. Either option may be selected by the Client for the Launch, provided that no such protection shall extend to any Replacement Launch or Reflight unless otherwise agreed in writing.
Election and Change of Option
(a) The Client may elect the Reflight option or cash
refund option for the Launch, or having elected may change such election, at any time up to ninety (90) days before the first day of the Launch Slot by written notice given to CGWIC specifying which option is chosen for the Launch. One copy of such notice will be countersigned by CGWIC and returned to the Client.
(b) In the event the Client elects or changes an option,
appropriate adjustments in price and payment terms shall be made in accordance with Paragraphs 8.6 and 9.6 hereof.
Provided that payments for the option elected have been received by CGWIC in accordance with the provisions of Article 9 of this Contract, and that the Client has met all its obligations as stipulated in this Article,
(a) if the Client has elected the Reflight option in
accordance with this Article and if a Launch Failure occurs, CGWIC shall have the obligation to provide one free Reflight for another Payload of the Client;
Or
(b) if the Client has elected the cash refund option in
accordance with this Article and a Launch Failure occurs, CGWIC shall refund to the Client all sums CGWIC has received from the Client in respect of Standard Services for the Launch minus
In order to exercise its Reflight option or cash refund option, as the case may be, the Client shall notify CGWIC in writing that it has reasonable grounds to believe that a Launch Failure has occurred. Such notice shall include all information the Client possesses in
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