If any Participant determines that
Contracting is necessary to fulfill its responsibilities under Section III
(Scope of Work) of this MOU, that Participant will contract in accordance with
its respective national laws, regulations and procedures.
When one Participant individually contracts
to undertake a task under this MOU, it will be solely responsible for its own
Contracting, and the other Participants will not be subject to any liability
arising from such Contracts without their written consent.
Each Participant's Contracting Agency will
negotiate to obtain the rights to use and disclose Project Information required
by Section VIII (Disclosure and Use of Project Information). Each Participant's
Contracting Agency will insert into its Contracts (and require its Contractors
to insert in prospective subcontracts) suitable provisions to satisfy the
requirements of this MOU, including Section VIII (Disclosure and Use of Project
Information), Section IX (Controlled Unclassified Information), Section XI
(Security) and Section XII (Third Party Sales and Transfers). During the
Contracting process, each Participant's Contracting Officer will advise
prospective Contractors of their obligation to notify the Contracting Agency
immediately if they are subject to any license or agreement that will restrict
that Participant's freedom to disclose Information or permit its use. The
Contracting Officer will also advise prospective Contractors to employ their
best efforts not to enter into any new agreement or arrangement that will
result in restrictions.
In the event a Participant's Contracting
Agency is unable to secure adequate rights to use and disclose Project
Information as required by Section VIII (Disclosure and Use of Project
Information), or is notified by Contractors or potential Contractors of any
restrictions on the disclosure and use of Information, that Participant's PM
will notify the other PMs of the restriction(s) and consult to resolve the
Each Participant's PM will promptly advise
the other Participant's PMs of any difficulties or performance problems of any
Contractor for which its Contracting Agency is responsible and which will have
a significant impact on the Project.