Article IX: Contingencies|
1. Non-completion of first SL or failure to meet specifications
NASA's obligations with respect to the SL shall lapse and ESRO will turn over to NASA without charge and without delay all drawings, hardware and documentation relating to the SL if ESRO abandons the development of the SL for any reasons, or ESRO is otherwise unable to deliver the SL flight unit prior to the first operational Shuttle flight, or the completed SL does not meet agreed specifications and development schedules. The right of NASA to use the said drawings, hardware and documentation shall be limited to the completion and operation of the SL programme. ESRO shall ensure that it will be in a position to provide as hardware any proprietary item for which it does not hold transmissible rights of reproduction.
2. Non-availability of subsequent SLs
If SLs, components and spares required by NASA after the first flight unit are not available to NASA in accordance with agreed specifications and schedules and at reasonable prices to be agreed, NASA shall be free to produce such units in the United States. For this purpose, ESRO will arrange in advance on a contingency basis any necessary licensing arrangements.
3. Design changes
While it is understood that ESRO will be represented on the Shuttle change control boards, NASA reserves the right to require changes affecting the interfaces or operational interactions between the Shuttle and the SL after hearing and considering ESRO's views with respect to the prospective effect of such changes on the SL design or cost. NASA recognises the desirability of avoiding changes resulting in a disproportionate impact on the SL programme. To the extent that changes affect the Shuttle and SL programmes, NASA and ESRO will bear the increases in the costs of their respective Shuttle and SL development contracts.