Article X: Access to Technology and Assistance by NASA
1.
Principles
(a)
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ESRO will
have access to technology, including know-how available to NASA and needed to
accomplish successfully its tasks under this cooperative programme; for the
same purposes, NASA will have access to technology, including know-how, available
to ESRO. NASA will do its best to arrange for such technical assistance as
ESRO and its contractors may require for the satisfactory completion of the
SL programme. Access to technology and arrangements for technical assistance
shall be consistent with applicable US laws and regulations.
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(b)
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NASA will
make available to ESRO general information related to the design,
development, and use of the Shuttle and orbital system, particularly that
required for the understanding of that system.
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(c)
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Requests for
use of technology, including know-how, in other than SL development and
production tasks will be considered on a case-by-case basis.
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(d)
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To the
extent that NASA can make the required information readily available, it will
do so without charge; in other cases, NASA will use its best efforts to
facilitate its availability on favourable conditions.
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(e)
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The access
to technology, including know-how, referred to above will be effected in such
a way as not to infringe any existing proprietary rights of any person or
body in the United States or Europe.
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2. Joint
definition of areas
The two
parties shall provide for the earliest possible joint definition of areas in
which help in the procurement of hardware and technical assistance from US
Government Agencies or nationals may be required.
3. Form of
assistance
In providing
such help to ESRO as may be agreed, NASA may respond on an in-house basis or
may refer ESRO and/or its contractors to US contractors. NASA reserves the
right to arrange for such assistance in the form of hardware, rather than
know-how.
4. Quality
control and acceptance
Where ESRO
needs to procure US hardware, NASA agrees to use its good offices in connection
with arranging the services of US quality control and acceptance and cost
control and auditing personnel in US plants where available and appropriate.
5.
Facilitation of export licenses
Early advance
notification of contemplated ESRO procurements of US hardware or technology,
including know-how, will facilitate assistance by NASA in connection with
arrangements for export licenses consistent with applicable US laws and
regulations.
6. Use of US
facilities
Where it is
jointly determined that it is appropriate and necessary for the conduct of the
cooperative programme, NASA will use its good offices in connection with
arranging for the use of US Government or contractors' facilities by ESRO
and/or its contractors.
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