CCN5
CCN5
EE relies upon the fact that CCN5 (cited at paragraph 43 above) states, among other things, that it “(b) Increases lifetime of space segment from 7 years (HYLAS 1) to 19 years (HYLAS 4).”, thereby implying that the parties must have been contemplating that Avanti would be providing its services for at least 19 years. I do not think that this point goes anywhere. The parties may well have considered that if all went well they would still be dealing with each other for 19 years but that does not override the primacy of Clause 2.3 of the GSA, nor does it suggest any commitment for 19 years. It is just pointing out that there is the advantage of now having a satellite which would last much longer than HYLAS 1.
- Heading
- INTRODUCTION
- Nature of the services to be provided by Avanti
- The contractual framework
- the facts
- Section 5
- The Purchase Orders (“POs”)
- Changes to the SOW
- The Parties’ Negotiations
- The Present Position
- the law
- serious issue to be tried
- Clause 2 of the GSA
- The SOW
- The “Mandatory” Point
- The “Agreement” Point
- The Term and Duration Point
- The EE-HO Contracts
- Effect of an indefinite obligation to supply on Avanti
- EE’s ability to migrate to a new supplier
- CCN5
- The GSA/SOW as an “evergreen” contract
- Conclusion on factual matrix and other points
- Conclusions
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