ANY TIME TO REQUIRE THE PERFORMANCE BY ANY OTHER PARTY HERETO OF ANY PROVISION
HEREOF SHALL IN NO WAY AFFECT THE FULL RIGHT TO REQUIRE SUCH PERFORMANCE AT ANY
TIME THEREAFTER, NOR SHALL THE WAIVER BY ANY PARTY HERETO OF A BREACH OF ANY
PROVISION HEREOF BE TAKEN OR HELD TO BE A WAIVER OF ANY SUCCEEDING BREACH OF
SUCH PROVISION OR A WAIVER OF THE PROVISION ITSELF OR A WAIVER OF ANY OTHER
PROVISION OF THIS AMENDED AGREEMENT.
(C)
THIS AMENDED AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE NETHERLANDS, WITHOUT REFERENCE TO ITS PRINCIPLES
OF CONFLICTS OF LAW.
(D)
IF ANY PROVISION OF THIS AMENDED AGREEMENT OR PORTION THEREOF IS
SO BROAD, IN SCOPE OR DURATION, SO AS TO BE UNENFORCEABLE, SUCH PROVISION OR
PORTION THEREOF SHALL BE INTERPRETED TO BE ONLY SO BROAD AS IS ENFORCEABLE.
(E)
AT THE COMPANY'S REQUEST AND SUBJECT TO THE COMPANY'S COMPLIANCE
WITH
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APPLICABLE LAW; THE EMPLOYEE AGREES TO TAKE ALL STEPS NECESSARY OR APPROPRIATE
TO TERMINATE THIS AMENDED AGREEMENT AS OF THE END OF THE MINIMUM APPLICABLE
NOTICE PERIOD ON THE TERMS AND CONDITIONS SET FORTH IN THIS AMENDED AGREEMENT.
BY DISSOLUTION BY THE DISTRICT COURT, CANTONAL DIVISION, LOCATION THE HAGUE.
(F)
NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY,
ANY PAYMENT OTHERWISE REQUIRED TO BE MADE HEREUNDER TO THE EMPLOYEE AT ANY DATE
AS A RESULT OF THE TERMINATION OF THE EMPLOYEE'S EMPLOYMENT HEREUNDER SHALL BE
DELAYED FOR SUCH PERIOD OF TIME AS MAY BE NECESSARY TO MEET THE REQUIREMENTS OF
SECTION 409A(A)(2)(B)(I) OF THE CODE. ON THE EARLIEST DATE ON WHICH SUCH
PAYMENTS CAN BE MADE WITHOUT VIOLATING THE REQUIREMENTS OF
SECTION 409A(A)(2)(B)(I) OF THE CODE, THERE SHALL BE PAID TO EMPLOYEE (OR IF
EMPLOYEE HAS DIED; TO HIS ESTATE), IN A SINGLE CASH LUMP SUM, AN AMOUNT EQUAL TO
THE AGGREGATE AMOUNT OF ALL PAYMENTS DELAYED PURSUANT TO THE PRECEDING SENTENCE.
(G)
THIS AMENDED AGREEMENT MAY BE EXECUTED IN SEVERAL COUNTERPARTS,
EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF WHICH SHALL CONSTITUTE ONE
AND THE SAME INSTRUMENT.
(H)
THE HEADINGS IN THIS AMENDED AGREEMENT ARE INSERTED FOR
CONVENIENCE OF REFERENCE ONLY AND SHALL NOT BE A PART OF OR CONTROL OR AFFECT
THE MEANING OF ANY PROVISION HEREOF
IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the date
first written above.
NEW SKIES SATELLITES B.V.
/s/ Daniel S. Goldberg
Daniel S. Goldberg
Chief Executive Officer
/s/ Thai E. Rubin
Thai E. Rubin
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