Annex A Transitional Provision
1. Continuity
of Activities
(a)
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Any agreement entered into by INTERIM
EUTELSAT under the Provisional Agreement or the ECS Agreement and which is in
effect at the time the two mentioned Agreements terminate shall remain in
effect, unless and until modified or repealed in accordance with the
provisions of that agreement. Any decision taken by INTERIM EUTELSAT under
the Provisional Agreement or the ECS Agreement and which is in effect at the
time the two last mentioned Agreements terminate shall remain in effect unless
and until that decision is modified or repealed by, or in implementation of,
the Convention or the Operating Agreement.
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(b)
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If, at the time the Provisional Agreement
and the ECS Agreement terminate, any organ of INTERIM EUTELSAT has embarked
on, but not completed, any action which it is authorized or required to take
under the Provisional Agreement or the ECS Agreement, the Board of
Signatories shall stand in the place of that organ for the purpose of
completing such action.
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2. Management
(a)
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From the date of the entry into force of the
Convention all personnel of the permanent General Secretariat established
under Article 9 of the Provisional Agreement, shall have the right to be
transferred to the executive organ of EUTELSAT, without prejudice to the provisions
of paragraph (f) of Article XIII of the Convention.
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(b)
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In accordance with paragraph 1 of this Annex
the conditions for employment of personnel which were in force under the
Provisional Agreement shall continue to apply until new conditions of employment
are drawn up by the Board of Signatories.
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(c)
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Until the first Director General assumes
office his functions shall be performed by the Secretary General of INTERIM
EUTELSAT.
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3. Transfer
to EUTELSAT of the Functions of the Mandated Administration
(a)
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On the date of the start of the sixty-day
period referred to in paragraph (a) of Article XXII of the Convention, the
Secretary General of INTERIM EUTELSAT shall inform the Mandated
Administration of the date of entry into force of the Convention and the termination
of the Provisional Agreement.
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(b)
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The Secretary General of INTERIM EUTELSAT
shall take all measures for a timely transfer to EUTELSAT of all rights and
obligations acquired by the Mandated Administration in its capacity as legal
representative of INTERIM EUTELSAT.
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