Attachment Rider to Bond

This document pretains to SAT-LOA-20030827-00186 for Application to Launch and Operate on a Satellite Space Stations filing.

IBFS_SATLOA2003082700186_398388

F&E Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227, Baltimore, MD 21203—1227 fm Z?fi Bond No. 08727168 RIDER To be attached to and form a part of License Bond, No. 08727168 dated the 5°" day of April, 2004 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety, on behalf of EchoStar Satellite LL.C.(formerly known as EchoStar Satellite Corporation), as Principal, in the maximum penal sum of FIVE MILLION DOLLARS ($5,000,000.00) and in favor of the United States Treasury, as Obligee. In consideration of the premium charged for the attached bond, and in accordance with revised rules governing bonds for Geostationary Satellite authorizations, In the Matter of Amendment of the Commission‘s Space Station Licensing Rules and Policies, First Order on Reconsideration and Fifth Report and Order, FCC 04—147, 2004 FCC LEXIS 3782, which become effective on September 20, 2004, 69 Fed. Reg. 51586 (Aug. 20, 2004), it is hereby agreed that the attached bond be amended as follows: 1. The maximum penal sum of the bond is hereby decreased from FIVE MILLION DOLLARS ($5,000,000.00) to THREE MILLION DOLLARS ($3,000,000.00). 2. Upon completion of each milestone, confirmation of which will be filed with the FCC by the Principal, and issuance of a Public Notice confirming same, the maximum penal sum of the bond shall be reduced by $750,000.00 via a rider to this bond sent to the Federal Communications Commission and the Obligee. Provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective as of the 20th day of September, 2004. Signed, sealed and dated this 16" day of September, 2004. ATTEST: EchoStar Satellite L.L}C.{formerly known as EchoStar Satellite Corpofation) Z\fimw\ &OA/JLO\ M ( _4 Principal ACCEPTED: FIDELITY AND DEPOSIT COMPANY OF MARYLAND FEDERAL COMMUNICATIONS COMMISSION By: By: /:PM/U )JV/UL[‘&TC Marlene H. Dortch Amy Wickett, %\ttorney—in—Fact J1123

Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of theSt,a&e\r égaryland by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance otautmty y Article VI, Section 2, of the By—Laws of said Companies, which are set forth on the reverse mdethr@t&}{@fi,d ave’h”erehy(ed to be in full force and effect on the date hereof, does hereby nominate, cons «gmgc 1fllamM\q , JR., Shelley CZAJKOWSKI, Celeste T. HELMS, Garry L fié Kf; aren Mona D. WEAVER, Deanna M. ROBICHAUD and Amy WICKE \ ‘aflp éni’ei';To l?ado,}{A é’true and ]awful agent and Attorney—in—Fact, to make, execute, seal and divery bf; lfs bg?h@ "é\fs ty\)ar}d as its act and deed: any and all bonds and undertakings and t qo,u {(}n 6 stich b(mdé%h}l@@kmosin pursuance of these presents, shall be as binding upon said Companies, as fully‘afi :rrfily, to4 thrflj émfpurposes as if they had been duly executed and acknowledged by the regularly elected ofheex{on fi\e\C(;fih z\myat its office in Baltimore, Md., in their own proper persons. This power ofattorney revokes that issued oxljiéhd{f”ot William M. O‘CONNELL, JR., Deborah L. POPPE, Shelley CZAJKOWSKI, Celeste T. HELMS, Garry L. WESSELINK, Karen A. FEGGESTAD, Amy WICKETT, dated April 15, 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereofis a true copy of Article VI, Section 2, ofthe By—Laws ofsaid Companies, and is now in force. IN WITNESS WHEREOF, the said Vice—President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 2 1st day of April, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY IY¥VUIE .tz T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland s$s City of Baltimore On this 21st day of April, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals ofsaid Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 1, 2005 POA—F 020—5028

EXTRACT FROM BY—LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice—President, or any of the Senior Vice—Presidents or Vice—Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice—Presidents, Assistant Vice—Presidents and Attorneys—in—Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY—LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice—President, or any of the Senior Vice—Presidents or Vice—Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice—Presidents, Assistant Vice—Presidents and Attorneys—in—Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice—President who executed the said Power of Attorney was one ofthe additional Vice—Presidents specially authorized by the Board of Directors to appoint any Attorney—in—Fact as provided in Article VI, Section 2, of the respective By—Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice—President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power ofattorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of September . 2004 ttdrvesws Assistant Secretary


Document Created: 2004-09-28 11:21:06
Document Modified: 2004-09-28 11:21:06
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