(viii) The Department and the Contractor agrees that where estimated net salvage value is established in the settlement, such value will be adjusted to reflect the actual net salvage value when disposition is made of equipment or facilities or both, but in no event, later than one (1) year from the date of settlement, unless otherwise agreed to by both parties. (ix) The Contractor agrees that in no event shall any costs be included which are not included in determining cancellation and termination charges under the Contractor's standard practices or procedures as applied to similarly situated customers, and no cancellation or termination charge shall be made if such charge is not ordinarily made by the Contractor with respect to similar facilities or equipment furnished under similar circumstances to similarly situated customers. ARTICLE 29-AUTHORIZATION AND CONSENT The Government hereby gives authorization and consent (without prejudice to its rights of indemnification, if these rights are provided for in this contract) for all use and manufacture, in the performance of any order placed under this contract for communication services and facilities for which rates, charges, and tariffs are not established by a governmental regulatory body, or any part thereof of any amendments thereto or any subcontract thereunder (including any lowertier subcontract), of any patented invention (i) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract, or (ii) utilized in the machinery, tools, or methods the use of which necessarily results from compliance by the Contractor or the using subcontractor with (a) specifications or written provisions now or hereafter forming a part of this contract, or (b) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clauses, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted. ARTICLE 30-TITLE TO COMMUNICATIONS FACILITIES AND EQUIPMENT Notwithstanding payment by the Government of any of the Contractor's costs of constructing communications facilities and equipment, title to all contractor furnished facilities and equipment used in providing communication services ordered under this contract shall remain in the Contractor except as may be specifically provided in a CSA issued hereunder, and the Contractor shall operate and maintain all such communications facilities and equipment. If services are discontinued, either by the Contractor or the Government, the Government shall have the option to take title to any communications facilities and equipment the cost of which has been paid by the Government pursuant to the clause entitled "Cancellation or Termination of Orders." IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. Witnesses: EDWINA R. CHARYK, THE UNITED STATES OF AMERICA, Captain, USAF, DCA Contracting Officer. WASHINGTON, D.C. By: ALLEN E. THROOP, Washington, D.C. I, Allen E. Throop, certify that I am the vice president and general counsel of the corporation named as Contractor herein; that Joseph V. Charyk who signed this contract on behalf of the Company was then president of said corporation; that said contract was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. [CORPORATE SEAL] ALLEN E. THROOP. Communications Satellite Corp 1900 L Street N W AUTHORITY FOR A COMMUNICATIONS COMPANY TO ESTABLISH OR PERFORM SERFICE FOR OFFICIAL USE. COMMUNICATION SERVICE AUTHORIZATION SUMBER CMSA CN6ND-60000 CONTRACT DATE DCA200 66 C 148 1 Jun 66! IN ACCORDANCE WITH PROVISIONS OF THE CONTRACT INDICATED AUOVE. -- WHICH THIS AUTHORIZATION FORMS A PART, AUTHORITY IS HEALLLY, LIVEN TO ESTABLISH OR PERFORM SERVICES AS PRESCRIBED BELOW ATI SUUMIT BILLS FOR SERVICE TO TELEPHONE. OR BILL NUMBER 1. This Preliminary Communications Service Authorization is issued to authorize the Communications Satellite Corporation, hereinafter referred to as the "Company", upon receipt of this authorization to proceed to provide thirty alternate voice/data channels by satellite on a 24 hour per day basis, pursuant to the provisions of this C9A, as set forth below: &. 10 alternate voice/data channels botween the Hawaii earth station and the Japanese International Message Center; b. 10 alternate voice/data channels between the Hawaii earth station and the Philippines Technical Control Facility; c. 10 alternate voice/data channels between the Hawaii earth station and the Thailand Technical Control Facility in accordance with Defense Communications Agency Request for Proposal. with enclosures dated 2 May 1966 and the Company proposal, together with the letter of transmittal, dated 31 May 1966, which are hereby incorporated herein by reference. 2. The Company shall submit to the Contracting Officer a detailed quotation for each service authorized herein as soon as possible 'but in no event later than 30 days prior to service date for the services ordered. 3. Monthly recurring charges to be specified in an appropriate tariff filed with the Federal Communications Commission, are authorized in AIORITY FOR A COMMUNICATIONS COMPANY TO establish of perform service FOR OFFICIAL USE. COMMUNICATION SERVICE AUTHORIZATION TELEPHONE OR BILL NUMBER CONTRACT 66 C 148 1 Jun 66 SUUMIT DILLS FOR SERVICE TO IN ACCORDANCE WITH PROVISIONS OF THE CONTRACT INDICATED ABOVE OF WHICH THIS AUTHORIZATION FORMS A PART, AUTHORITY IS HEREUY GIVEN TO ESTABLISH OR PERFORM SERVICES AS PRESCRIBED BELOW ATI LOCAL CONTACT FOR FURTHER Page 2 of 8 pages DESCRIPTION OF SERVICE the maximum amounts as set forth below. Except as provided in paragraph 10 hereof, these charges shall be applicable only during the initial period of service from 1 April 1967 through 31 March 1968. 4. The charges set forth in paragraph 3 hereof shall be reduced to the following maximum amounts for the services between Hawaii and the Philippines, and between Hawaii and Thailand, effective on 1 April 1968, or such other. date as may be agreed to by the parties: Hawaii. to the Philippines, Hawaii to Thailand, per circuit. per circuit. As of 1 January 1969, the rates shall be further reduced to the amounts specified below: Hawaii to the Philippines, Hawaii to Thailand, 5. per circuit. per circuit. Termination liability of the Government for the services provided through the temporary earth station at the Philippines is authorized (COMMITTEE NOTE.-Deletions on this page are in accordance with a request of the Defense Communications Agency not to publish the figures until negotiations with foreign entities have been completed.) PROMI. COMMUNICATION SERVICE AUTHORIZATION TOI AUTHORITY PWRSA COMMUNICATIONS COMPANY TO ESTABLISH OR PERFORM SERVICE FOR OFFICIAL USE. COMMUNICATION SERVICE AUTHORIZATION TELEPHONE OR BILL NUMBER CONTRACT IN ACCORDANCE WITH PROVISIONS OF THE CONTRACT INDICATED ALC.vc OF WHICH THIS AUTHORIZATION FORMS A PART, AUTHORITY IS HLLI GIVEN TO ESTABLISH OR PERFORM SERVICES AS PRESCRIBED BELOW AT: in the maximum amount of $1,439,000.00 and shall not be exceeded without supplemental contractual action. The period of termination liability shall be one year beginning with the acceptance of the individual services. In the event of termination by the Government the actual termination charges payable by the Government shall be computed in accordance with an appropriate tariff filed with the FCC. In the event of cancellation by the Government prior to service date, the cancellation charges shall be the actual non-recoverable costs incurred by the Company in connection with the establishment of the temporary earth station in 'the Philippines up to a maximum of $1,439,000.00. 6. Termination liability of the Government for the services provided through the temporary earth station at Thailand is authorized in the maximum amount of $1,825,000.00 and shall not be exceeded without supplemental contractual action. The period of termination liability shall be one year beginning with the acceptance of the individual services. In the event of termination by the Government the actual charges payable by the Government shall be computed in accordance with an appropriate tariff filed with the FCC. In the event of cancellation by the Government prior to service date of the temporary station, the cancellation charges shall be the actual non-recoverable costs incurred by the Company in connection with the establishment of the temporary earth station in Thailand up to a maximum of $1,500,000.00. 7. Termination liability of the Government for the services provided through the fixed earth station at Thailand is authorized in the FROM COMMUNICATION SERVICE AUTHORIZATION TO AUTHORITY FOR A COMMUNICATIONS COMPANY TO ESTABLISH OR PERFORM SERPICE FOR OFFICIAL USE. COMMUNICATION SERVICE AUTHORIZATION CONTRACT TELEPHONE OR BILL NUMBER IN ACCORDANCE WITH PROVISIONS OF THE CONTRACT INDICATED ADOVI SUUMIT BILLS FOR SCRVICE TOI maximum amount of $972,000.00 and shall not be exceeded without supplemental contractual action. The period of termination liability shall be two years, beginning with the acceptance of the individual service through the fixed earth station. In the event of termination by the Government the actual termination charges payable by the Government shall be computed in accordance with an appropriate tariff filed with the FCC. In the event of cancellation by the Government, prior to the service date of the fixed earth station the cancellation charges shall be the actual non-recoverable costs incurred by the Company in connection with the establishment of the fixed earth station at Thailand, up to a maximum of $1,000,000.00. 8. Cancellation and termination liability of the Government for the services provided through the fixed 20 meter earth station at Japan is authorized in the maximum amount of $150,000.00 and shall not be exceeded without supplemental contractual action. In the event of termination or cancellation, the charges shall be the actual nonrecoverable costs incurred by the Company in connection with the provisions of services through the fixed 20 meter earth station, up to the maximum amount stated herein. The actual termination charges payable by the Government shall be computed in accordance with an appropriate tariff filed with the FCC. 9. In the event negotiations between the Company and the foreign communications authorities subsequent to the issuance of this order result in a reduction in the amount of the foreign communications authorities' charges or liabilities specified in the proposal, such |