Amendment No. 4 to Satellite Service Agreement between SES Americom and EchoStar Satellite LLC
This document is the fourth amendment to a Satellite Service Agreement originally effective March 21, 2003, between SES Americom (including its California and Colorado entities) and EchoStar Satellite LLC. The amendment, effective October 21, 2004, updates certain terms of the original agreement while confirming that all other provisions remain unchanged. Both parties agree that this amendment represents their complete understanding regarding the changes. The agreement continues to govern the provision of satellite services between the parties.
Exhibit 10.23
AMENDMENT #4 TO SATELLITE SERVICE AGREEMENT
THIS AMENDMENT #4 (“Amendment #4”) to the Satellite Service Agreement effective as of March 21, 2003, as amended by Amendment #1 effective as of July 10, 2003, and Amendment #3 effective as of February 19, 2004 (collectively the “Original Agreement”), between SES Americom, Inc., as agent for SES Americom California, Inc. (for the period prior to the In-Service Date) and SES Americom Colorado, Inc. (for the period on and after the In-Service Date), on the one hand, and EchoStar Satellite L.L.C. (“Customer”) *** is made effective as of October 21, 2004 (the “Amendment #4 Effective Date”). All references to “SES Americom” herein shall include SES Americom California, Inc., SES Americom Colorado, Inc., and SES Americom, Inc. as agent for each. Defined terms used in this Amendment #4 have the meanings specified herein or in the Original Agreement. The Original Agreement as amended by this Amendment #4 is referred to as the “Agreement”.
SES Americom and Customer agree to amend the Original Agreement in accordance with the terms and conditions set forth below. ***
(4) General. Except as expressly modified herein, the Original Agreement shall remain in full force and effect in accordance with its terms and conditions.
This Amendment #4 contains the complete and exclusive understanding of the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements between the parties with respect thereto.
| ECHOSTAR SATELLITE L.L.C. By: EchoStar DBS Corporation, its sole member | SES AMERICOM, INC., as agent for SES AMERICOM CALIFORNIA, INC. and SES AMERICOM COLORADO, INC. | ||||||
By: | By: | ||||||
| (Signature) | (Signature) | ||||||
Name: | Name: | ||||||
| (Typed or Printed Name) | (Typed or Printed Name) | ||||||
Title: | Title: | ||||||
***
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***Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act.
