TERMINATION
WILL TAKE EFFECT [*] DAYS AFTER THE DATE OF THE TERMINATION NOTICE, IF THE LEASE
COMMENCEMENT DATE HAS NOT OCCURRED, OR THE FCC HAS NOT APPROVED THIS LEASE, AS
APPLICABLE, BY THE END OF SUCH [*] DAY PERIOD.
THE ELECTION TO TERMINATE UNDER
THIS SUBSECTION (E) SHALL NOT BE AVAILABLE TO ANY PARTY WHO IS IN BREACH OF ANY
OF ITS OBLIGATIONS UNDER THE LEASE AGREEMENT AT SUCH TIME.
(F)
NOTIFICATION OF LEASE AGREEMENT
TERMINATION. WITHIN TEN (10) DAYS FOLLOWING THE TERMINATION DATE, THE LESSOR
WILL PREPARE AND SUBMIT A NOTIFICATION TO THE FCC CONSISTENT WITH THE
COMMUNICATIONS LAWS INFORMING THE FCC OF THE TERMINATION OF THIS LEASE
AGREEMENT.
(G)
EFFECT OF TERMINATION. IN THE EVENT OF
TERMINATION OF THE LEASE OF GSAT SPECTRUM PURSUANT TO THIS LEASE AGREEMENT,
EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION, ALL RIGHTS AND OBLIGATIONS OF THE
PARTIES UNDER THIS LEASE AGREEMENT WILL TERMINATE WITHOUT ANY FURTHER LIABILITY
OF ANY PARTY TO ANY OTHER PARTY (EXCEPT FOR ANY LIABILITY OF ANY PARTY THEN IN
WILLFUL BREACH OF ITS COVENANTS, REPRESENTATIONS, WARRANTIES, OBLIGATIONS OR
AGREEMENTS HEREUNDER, AND EXCEPT FOR LESSEE'S PAYMENT OBLIGATIONS PURSUANT TO
SECTION 8 TO THE EXTENT THAT SUCH PAYMENT OBLIGATIONS AROSE PRIOR TO THE
EFFECTIVE DATE OF TERMINATION). WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, IF THE TERMINATION DATE OCCURS AS A RESULT OF AN FCC LICENSE BEING
REVOKED, CANCELLED, TERMINATED, OR IF THE FCC LICENSE OTHERWISE CEASES TO BE IN
EFFECT, THE LESSEE WILL HAVE NO CONTINUING AUTHORITY TO USE THE LEASED SPECTRUM
COVERED BY THAT FCC LICENSE, UNLESS OTHERWISE AUTHORIZED BY THE FCC.
NOTWITHSTANDING ANYTHING HEREIN TO THE
28
CONTRARY, THE PROVISIONS HEREOF RELATING TO TERMINATION, INDEMNIFICATION,
DISPUTE RESOLUTION AND CONFIDENTIALITY SHALL EXPRESSLY SURVIVE THE TERMINATION
OF THIS LEASE AGREEMENT.
15.
MISCELLANEOUS.
(A)
CONFIDENTIALITY. EXCEPT FOR INFORMATION
(I) REQUIRED TO BE DISCLOSED IN THE LEASE AGREEMENT APPLICATION, (II) REQUIRED
TO BE DISCLOSED BY LAW OR BY RULE OF A NATIONAL SECURITIES EXCHANGE,
(III) DISCLOSED IN A PRESS RELEASE AGREED TO BY EACH PARTY OR (III) REQUESTED BY
THE FCC, NO PARTY WILL DISCLOSE THE TERMS OF THIS LEASE AGREEMENT WITHOUT THE
OTHER PARTY'S WRITTEN CONSENT TO ANY OTHER PERSON OR ENTITY, OTHER THAN TO EACH
SUCH PARTY'S AFFILIATES, OFFICERS, DIRECTORS, ATTORNEYS, ACCOUNTANTS AND
EMPLOYEES INVOLVED IN THE TRANSACTIONS CONTEMPLATED HEREBY OR IN OPERATION OF
THE SYSTEM, AND ONLY THEN ON THE CONDITION THAT SUCH INDIVIDUALS AGREE IN
WRITING NOT DISCLOSE THE INFORMATION DISCLOSED TO THEM. NOTWITHSTANDING THE
FOREGOING, EITHER PARTY MAY DISCLOSE ANY INFORMATION CONTAINED IN THE FCC FILING
ONCE SUCH FCC FILING HAS BEEN FILED WITH THE FCC. THE PARTIES WILL IMPLEMENT
COMMERCIALLY REASONABLE MEASURES TO ENSURE THAT COMPETITIVE OR SENSITIVE
INFORMATION RELATING TO THE SEPARATE BUSINESS OPERATIONS OF ONE PARTY ARE NOT
INADVERTENTLY DISCLOSED TO THE OTHER PARTY. IN THE EVENT, HOWEVER, SUCH
INFORMATION IS INADVERTENTLY RECEIVED BY EITHER LESSOR OR LESSEE WITH RESPECT TO
THE OTHER, THE RECEIVING PARTY WILL TAKE COMMERCIALLY REASONABLE AND APPROPRIATE
STEPS TO PROHIBIT THE DISCLOSURE OR USE OF ANY SUCH