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(a)
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INTELSAT
shall be the owner of the INTELSAT space segment and of all other property
acquired by INTELSAT. The financial interest in INTELSAT of each Signatory
shall be equal to the amount arrived at by the application of its investment
share to the valuation effected pursuant to Article 7 of the Operating
Agreement.
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(b)
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Each
Signatory shall have an investment share corresponding to its percentage of
all utilization of the INTELSAT space segment by all Signatories as
determined in accordance with the provisions of the Operating Agreement.
However, no Signatory, even if its utilization of the INTELSAT space segment
is nil, shall have an investment share less than the minimum established in
the Operating Agreement.
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(c)
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Each
Signatory shall contribute to the capital requirements of INTELSAT, and shall
receive capital repayment and compensation for use of capital in accordance
with the provisions of the Operating Agreement.
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(d)
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All users of
the INTELSAT space segment shall pay utilization charges determined in accordance
with the provisions of this Agreement and the Operating Agreement. The rates
of space segment utilization charge for each type of utilization shall be the
same for all applicants for space segment capacity for that type of
utilization.
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(e)
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The separate
satellites and associated facilities referred to in paragraph (e) of Article
III of this Agreement may be financed and owned by INTELSAT as part of the
INTELSAT space segment upon the unanimous approval of all the Signatories. If
such approval is withheld, they shall be separate from the INTELSAT space
segment and shall be financed and owned by those requesting them. In this
case the financial terms and conditions set by INTELSAT shall be such as to
cover fully the costs directly resulting from the design, development,
construction and provision of such separate satellites and associated facilities
as well as an adequate part of the general and administrative costs of
INTELSAT.
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