Agreement Relating to the "INTELSAT" 4

Agreement Relating to the “INTELSAT”

 

Article XVI. (Withdrawal)

(a) (i) Any Party or Signatory may withdraw voluntarily from
INTELSAT. A Party shall give written notice to the Depositary of its
decision to withdraw. The decision of a Signatory to withdraw shall be
notified in writing to the executive organ by the Party which has
designated it and such notification shall signify the acceptance by the
Party of such notification of decision to withdraw.

(ii) Voluntary withdrawal shall become effective and this Agreement
and the Operating Agreement shall cease to be in force for a Party or
Signatory three months after the date of receipt of the notice referred
to in subparagraph (i) of this paragraph or, if the notice so states, on
the date of the next determination of investment shares pursuant to
subparagraph (c) (ii) of Article 6 of the Operating Agreement following
the expiration of such three months.

(b) (i) If a Party appears to have failed to comply with any
obligation under this Agreement, the Assembly of Parties, having received
notice to that effect or acting on its own initiative, and having
considered any representations made by the Party, may decide, if it finds
that the failure to comply has in fact occurred, that the Party be deemed
to have withdrawn from INTELSAT. This Agreement shall cease to be in
force for the Party as of the date of such decision. An extraordinary
meeting of the Assembly of Parties may be convened for this purpose.

(ii) If any Signatory, in its capacity as such, appears to have
failed to comply with any obligation under this Agreement or the
Operating Agreement, other than obligations under paragraph (a) of
Article 4 of the Operating Agreement and the failure to comply shall not
have been remedied within three months after the Signatory has been
notified in writing by the executive organ of a resolution of the Board
of Governors taking note of the failure to comply, the Board of Governors
may, after considering any representations made by the Signatory or the
Party which designated it, suspend the rights of the Signatory, and may
recommend to the Meeting of Signatories that the Signatory be deemed to
have withdrawn from INTELSAT. If the Meeting of Signatories, after
consideration of any representations made by the Signatory or by the
Party which designated it, approves the recommendation of the Board of
Governors, the withdrawal of the Signatory shall become effective upon
the date of the approval, and this Agreement and the Operating Agreement
shall cease to be in force for the Signatory as of that date.

(c) If any Signatory fails to pay any amount due from it pursuant to
paragraph (a) of Article 4 of the Operating Agreement within three months
after the payment has become due, the rights of the Signatory under this
Agreement and the Operating Agreement shall be automatically suspended.
If within three months after the suspension the Signatory has not paid
all sums due or the Party which has designated the Signatory has not made
a substitution pursuant to paragraph o of this Article, the Board of
Governors, after considering any representations made by the Signatory or
by the Party which has designated it, may recommend to the Meeting of
Signatories that the Signatory be deemed to have withdrawn from INTELSAT.
The Meeting of Signatories, after considering any representations made by
the Signatory, may decide that the Signatory be deemed to have withdrawn
from INTELSAT and, from the date of the decision, this Agreement and the
Operating Agreement shall cease to be in force for the Signatory.

(d) Withdrawal of a Party, in its capacity as such, shall entail the
simultaneous withdrawal of the Signatory designated by the Party or of
the Party in its capacity as Signatory, as the case may be, and this
Agreement and the Operating Agreement shall cease to be in force for the
Signatory on the same date on which this Agreement ceases to be in force
for the Party which has designated it.

(e) In all cases of withdrawal of a Signatory from INTELSAT, the
Party which designated the Signatory shall assume the capacity of a
Signatory, or shall designate a new Signatory effective as of the date of
such withdrawal, or shall withdraw from INTELSAT.

(f) If for any reason a Party desires to substitute itself for its
designated Signatory or to designate a new Signatory, it shall give
written notice thereof to the Depositary, and upon assumption by the new
Signatory of all the outstanding obligations of the previously designated
Signatory and upon signature of the Operating Agreement, this Agreement
and the Operating Agreement shall enter into force for the new Signatory
and thereupon shall cease to be in force for such previously designated
Signatory.

(g) Upon the receipt by the Depositary or the executive organ, as the
case may be, of notice of decision to withdraw pursuant to subparagraph
(a) (i) of this Article, the Party giving notice and its designated
Signatory, or the Signatory in respect of which notice has been given, as
the case may be, shall cease to have any rights of representation and any
voting rights in any organ of INTELSAT, and shall incur no obligation or
liability after the receipt of the notice, except that the Signatory,
unless the Board of Governors decides otherwise pursuant to paragraph (d)
of Article 21 of the Operating Agreement, shall be responsible for
contributing its share of the capital contributions necessary to meet
both contractual commitments specifically authorized before such receipt
and liabilities arising from acts or omissions before such receipt.

(h) During the period of suspension of the rights of a Signatory
pursuant to subparagraph (b) (ii) or paragraph (c) of this Article, the
Signatory shall continue to have all the obligations and liabilities of a
Signatory under this Agreement and the Operating Agreement.

(i) If the Meeting of Signatories, pursuant to subparagraph (b) (ii)
or paragraph (c) of this Article, decides not to approve the
recommendation of the Board of Governors that the Signatory be deemed to
have withdrawn from INTELSAT, as of the date of that decision the
suspension shall be lifted and the Signatory shall thereafter have all
rights under this Agreement and the Operating Agreement, provided that
where a Signatory is suspended pursuant to paragraph (c) of this Article
the suspension shall not be lifted until the Signatory has paid the
amounts due from it pursuant to paragraph (a) of Article 4 of the
Operating Agreement.

(j) If the Meeting of Signatories approves the recommendation of the
Board of Governors pursuant to subparagraph (b) (ii) or paragraph (c) of
this Article that a Signatory be deemed to have withdrawn from INTELSAT,
that Signatory shall incur no obligation or liability after such
approval, except that the Signatory, unless the Board of Governors
decides otherwise pursuant to paragraph (d) of Article 21 of the
Operating Agreement, shall be responsible for contributing its share of
the capital contributions necessary to meet both contractual commitments
specifically authorized before such approval and liabilities arising from
acts or omissions before such approval.

(k) If the Assembly of Parties decides pursuant to subparagraph (b)
(i) of this Article that a Party be deemed to have withdrawn from
INTELSAT, the Party, in its capacity as Signatory or its designated
Signatory, as the case may be, shall incur no obligation or liability
after such decision, except that the Party, in its capacity as Signatory
or its designated Signatory, as the case may be, unless the Board of
Governors decides otherwise pursuant to paragraph (d) of Article 21 of
the Operating Agreement, shall be responsible for contributing its share
of the capital contributions necessary to meet both contractual
commitments specifically authorized before such decision and liabilities
arising from acts or omissions before such decision.

(l) Settlement between INTELSAT and a Signatory for which this
Agreement and the Operating Agreement have ceased to be in force, other
than in the case of substitution pursuant to paragraph (f) of this
Article, shall be accomplished as provided in Article 21 of the Operating
Agreement.

(m) (i) Notification of the decision of a Party to withdraw pursuant
to subparagraph (a) (i) of this Article shall be transmitted by the
Depositary to all Parties and to the executive organ, and the latter
shall transmit the notification to all Signatories.

(ii) If the Assembly of Parties decides that a Party shall be deemed
to have withdrawn from INTELSAT pursuant to subparagraph (b) (i) of this
Article, the executive organ shall notify all Signatories and the
Depositary, and the latter shall transmit the notification to all
Parties.

(iii) Notification of the decision of a Signatory to withdraw
pursuant to subparagraph (a) (i) of this Article or of the withdrawal of
a Signatory pursuant to subparagraph (b) (ii) or paragraph (c) or (d) of
this Article, shall be transmitted by the executive organ to all
Signatories and to the Depositary, and the latter shall transmit the
notification to all Parties.

(iv) The suspension of a Signatory pursuant to subparagraph (b) (ii)
or paragraph (c) of this Article shall be notified by the executive organ
to all Signatories and to the Depositary, and the latter shall transmit
the notification to all Parties.

(v) The substitution of a Signatory pursuant to paragraph (f) of this
Article shall be notified by the Depositary to all Parties and to the
executive organ, and the latter shall transmit the notification to all
Signatories.

(n) No Party or its designated Signatory shall be required to
withdraw from INTELSAT as a direct result of any change in the status of
that Party with regard to the International Telecommunication Union.

.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international


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