Space Law TOP
Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

Article VIII: NASA Procurement of SLs

1. Principle

Subsequent to the delivery by ESRO of the SL unit and other items referred to in Article V,1 (a), NASA agrees to procure from ESRO whatever additional items of this type it may require for programmatic reasons, provided that they are available to the agreed specifications and schedules and at reasonable prices to be agreed. NASA should give an initial procurement order of at least one SL at the latest two years before the delivery of the SL unit referred to above. Recognising the desirability of gaining operational experience with the first flight unit before ordering additional units, but that the price and availability of production units will be dependent on the maintenance of a continuing production capability, NASA will endeavour to provide significant lead time for any subsequent procurement order.

2. NASA abstention from SL development

NASA will refrain from separate and independent development of any SL substantially duplicating the design and capabilities of the first SL unless ESRO fails to produce such SLs, components and spares in accordance with agreed specifications and schedules and at reasonable prices to be agreed. For any NASA SL programme requirements which are not met by SLs developed under this cooperative programme, NASA will have the right to meet such requirements either by making the necessary modifications to the SLs developed under this cooperative programme, or by manufacturing or procuring another SL meeting such NASA requirements.

3. Notice of prospective requirements

NASA will endeavour to give ESRO advance notice of any prospective requirements for substantially modified or entirely new SLs so as to provide ESRO with an opportunity to make proposals which might meet such requirements.

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