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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