(a) |
(i)
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Any Party or Signatory may withdraw
voluntarily from EUTELSAT at any time.
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(ii)
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A Party shall give written notice to the
Depositary of its decision to withdraw. When a Party withdraws from EUTELSAT,
any Signatory which was designated by it under paragraph b) of Article II of
the Convention shall be deemed to have withdrawn from the Operating Agreement
with effect from the date on which the withdrawal of the Party takes effect.
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(iii)
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The decision of a Signatory to withdraw
shall be notified in writing to the Director General by the Party which has
designated that Signatory and the notification shall signify the acceptance
by the Party of the decision of the Signatory to withdraw. When a Signatory
withdraws from EUTELSAT, the Party which designated that Signatory shall, at
the date of withdrawal, itself assume the capacity of a Signatory unless and
until it designates a new Signatory or withdraws from EUTELSAT.
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(iv)
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A voluntary withdrawal from EUTELSAT under
subparagraphs (i), (ii) and (iii) of this paragraph shall take effect three
months after the date of receipt of the notification by the Depositary or the
Director General, as the case may be.
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(b) |
(i)
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If a Party appears to have failed to comply
with any obligation under the Convention, the Assembly of Parties, having
received notice to that effect or acting on its own initiative, and having
considered any representations made by the Party, may decide, if it finds
that the failure to comply has occurred, that the Party be deemed to have withdrawn
from EUTELSAT and, from the date of the decision, the Convention shall cease
to be in force for that Party. An extraordinary meeting of the Assembly of
Parties may be convened for this purpose. When a Party is deemed to have
withdrawn from EUTELSAT under this subparagraph, any Signatory which was
designated by it under paragraph (b) of Article II of the Convention shall be
deemed to have withdrawn from the Operating Agreement with effect from the
date on which the withdrawal of the Party takes effect.
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(ii) |
(A)
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If a Signatory, in its capacity as such,
appears to have failed to comply with any obligation under the Convention or
the Operating Agreement, other than an obligation under paragraph (a) of
Article 4 of the Operating Agreement, and the failure to comply is not
remedied within three months after the Signatory has been notified in writing
by the executive organ of a resolution of the Board of Signatories taking
note of the failure to comply, the rights of the Signatory under the
Convention and the Operating Agreement shall be automatically suspended at
the end of such period of three months.
During the period of suspension of the
rights of a Signatory under this paragraph, the Signatory shall continue to
have all the obligations and liabilities of a Signatory under the Convention
and the Operating Agreement.
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(B)
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The Board of Signatories may decide, after
considering any representations made by the Signatory or by the Party which
designated it, that the Signatory be deemed to have withdrawn from EUTELSAT
and that, from the date of the decision, the Operating Agreement shall cease
to be in force for that Signatory.
When a Signatory is deemed to have withdrawn
from EUTELSAT, the Party which designated that Signatory shall, at the date
of withdrawal, itself assume the capacity of a Signatory unless and until it
designates a new Signatory or withdraws from EUTELSAT.
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(iii) |
(A)
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If a Signatory fails to pay any sum for
which it is liable in accordance with paragraph (a) of Article 4 of the
Operating Agreement within three months after the payment has become due, the
rights of the Signatory under the Convention and the Operating Agreement
shall be automatically suspended. During the period of suspension of the
rights of a Signatory under this paragraph, the Signatory shall continue to
have all the obligations and liabilities of a Signatory under the Convention
and the Operating Agreement.
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(B)
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If within three months after the suspension
any sums due remain unpaid, the Board of Signatories, after considering any representations
made by the Signatory or the Party which has designated it, may decide that
that Signatory be deemed to have withdrawn from EUTELSAT and that, from the
date of the decision, the Operating Agreement shall cease to be in force for
that Signatory.
When a Signatory is deemed to have withdrawn
from EUTELSAT, the Party which designated that Signatory shall, at the date
of withdrawal, itself assume the capacity of a Signatory unless and until it
designates a new Signatory or withdraws from EUTELSAT.
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(c)
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If for any reason a Party wishes to
substitute itself for its designated Signatory or to designate a new
Signatory, it shall give written notice to the Depositary. The Convention and
the Operating Agreement shall enter into force for the new Signatory and
cease to be in force for the former Signatory from the time that the new
Signatory assumes all outstanding obligations of the former Signatory and
signs the Operating Agreement.
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(d)
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A Party which has withdrawn or is deemed to
have withdrawn from EUTELSAT shall cease to have any right of representation
in the Assembly of Parties and shall incur no obligation or responsibility
after the effective date of withdrawal, except for liabilities arising from
acts or omissions before that date.
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(e) |
(i)
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A Signatory which has withdrawn or is deemed
to have withdrawn from the Operating Agreement shall cease, as from the
effective date of withdrawal, to have any right of representation in the
Board of Signatories and shall incur no obligation or responsibility from
that date, except its obligation, unless the Board of Signatories decides
otherwise, to discharge its due proportion of the capital contributions
needed to meet contractual commitments expressly authorized before that date
and any liabilities arising from acts or omissions before that date.
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(ii)
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The financial settlement on the withdrawal
of a Signatory from EUTELSAT shall be in accordance with Article 21 of the
Operating Agreement.
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(f)
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Every notification of a withdrawal and every
decision effecting a deemed withdrawal shall be communicated at once to all
Parties and Signatories by the Depositary or the Director General, as the
case may be.
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(g)
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Nothing in this Article shall deprive a
Party or Signatory of any right acquired by it in its capacity as such which
is preserved after the effective date of withdrawal and for which
compensation has not been received under this Article.
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