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(a)
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EUTELSAT shall own or lease the EUTELSAT
Space Segment and shall own all other property acquired by EUTELSAT. The
Signatories shall be responsible for financing EUTELSAT.
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(b)
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EUTELSAT shall operate on a sound economic
and financial basis having regard to accepted commercial principles.
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(c)
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Each Signatory shall have a financial
interest in EUTELSAT in proportion to its investment share and this shall
correspond to its percentage of all utilization of the EUTELSAT Space Segment
by all Signatories as determined under the Operating Agreement. However, no
Signatory, even if its utilization of the EUTELSAT Space Segment is nil,
shall have an investment share less than the minimum investment share
specified in the Operating Agreement.
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(d)
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Each Signatory shall contribute to the
capital requirements of EUTELSAT and shall receive capital repayment and
compensation for use of capital in accordance with the Operating Agreement.
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(e)
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All users of the EUTELSAT Space Segment
shall pay utilization charges determined in accordance with the provisions of
the Convention and the Operating Agreement.
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(i)
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The rates of utilization charge for each
type of utilization shall be the same for all public or private
telecommunications entities in territories under the jurisdiction of Parties,
which apply for space segment capacity for that type of utilization.
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(ii)
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For public or private telecommunications
entities authorized to utilize the EUTELSAT Space Segment under Article 16 of
the Operating Agreement for territories which are not under the jurisdiction
of a Party, the Board of Signatories may determine rates of utilization
charge different from those referred to in subparagraph i) above, but the
same rate shall be applied to these entities for the same type of
utilization.
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(f)
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The satellites and associated equipment
referred to in paragraph (f) of Article III of the Convention may, by the
unanimous decision of the Board of Signatories, be financed by EUTELSAT.
Otherwise they shall be financed by those requesting them on terms and conditions
set by the Board of Signatories with a view to covering at least all relevant
costs borne by EUTELSAT which costs shall not be considered as part of the
capital requirements of EUTELSAT as defined in paragraph (b) of Article 4 of
the Operating Agreement. Such satellites and associated equipment do not form
part of the EUTELSAT Space Segment within the meaning of paragraph (h) of
Article I of the Convention.
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