III. Commitments to Be Entered into by Arianespace
The Participants request Arianespace to enter
into the following commitments, which will be embodied in the
Agency-Arianespace convention provided for in paragraph 2.1.
3.1 |
The activity entrusted to Arianespace
shall be carried out for peaceful purposes, in conformity with the obligations
of the Convention and with the Articles of the Treaty on Principles governing
the Activities of States in the Exploration and Use of Outer Space, including
the Moon and Other Celestial Bodies, signed in 1967. Arianespace shall be
required to conform to the decisions taken by the committee set up under
paragraph 1.6.
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3.2 |
Arianespace shall respect the geographical
distribution of industrial work among the participating States resulting from
the development and promotion phases.
If Arianespace considers that this
distribution cannot be respected because industrial proposals are unreasonable
in terms of price, quality or delivery dates, it shall put the work out to
competitive tender.
Before doing so, Arianespace shall inform the
State concerned and the Director General of the Agency, with a view to seeking
a solution. In the event of an objection on the part of a participating States,
the Ariane Launcher Programme Board shall be consulted, in conformity with
paragraph 2.6.
The previous contractor may match the best
financial offer and shall have priority in relation to all industrial proposals
that are equivalent in terms of prices, delivery dates and quality.
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3.3 |
Arianespace shall have technical and
financial responsibility for maintaining in good operational order the assets
made available to it under the terms of paragraphs 1.7 and 2.2.
Arianespace may, after consulting the owners,
make such modifications to these assets as it may necessary for its activities.
Failing agreements, Arianespace may carry out such modifications, guaranteeing
that the assets will be restored to their initial state at the time of
returning them. The management and maintenance arrangements relating to the
assets shall be defined in the Agency-Arianespace convention provided for in
paragraph 2.1.
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3.4 |
Arianespace shall restrict use of the
rights and data made available to it under paragraphs 1.7 and 2.2 to the
requirements of the launcher production.
Rights and data of which the Agency is the
owner may not be passed on to third parties without the Agency's agreement in
accordance with the provisions of the ESA Convention and the Ariane Agreement.
Rights and information that are the property
of a Participant may not be passed on without prior agreement of the latter.
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3.5 |
Arianespace shall undertake to pay the
Agency, for the use of the CSG and in respect of each sale, a fee calculated on
the basis laid down in Annex 2. This fee shall be used to reduce the
contributions of the States.
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3.6 |
Arianespace will supply the Agency and the
Participants, giving them priority over third-party customers, with the launch
services and slots required, under the following conditions:
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the Agency and the Participants will
communicate to Arianespace their request for services as their requirements
arise (cost-free options); in the event of a conflict of priorities between
the Agency and a Participant, the Agency shall have priority;
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when a third-party customer requests a
fee-paying option, or wishes to place a firm order, in respect of a slot
reserved cost-free by the Agency or a Participant, the Agency or the
Participant in question may convert its cost-free option into a fee-paying
option or a firm order and retain its priority;
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the Agency-Arianespace convention will
contain a model clause, which is to be included in the sale contracts,
defining the procedure to be applied in the event of a slip-page of the
launch slot.
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3.7 |
Arianespace shall undertake, in its
relations with its customers and the public, to emphasize the European and
multilateral character of the development and production of the Ariane
launcher.
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3.8 |
In the event of proceedings being taken by
the victims of damage caused by Ariane launches, Arianespace shall be r4equired
to reimburse the French Government, within a ceiling of 400 million French
francs per launch, the amount of any damages it may be required to pay under
the terms of paragraph 4.1.
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3.9 |
Arianespace shall practice a pricing
policy conforming to the provisions of paragraph 1.5. Even if the prices
invoiced by Arianespace for launches not covered by paragraphs 1.4(a) and
1.4(b) differ from the recommended prices, Arianespace alone shall bear the
financial consequences.
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3.10 |
The Participants invite the Board of
Directors of Arianespace to:
(a)
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take cognizance of this Declaration;
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(b)
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authorize its Chairman to negotiate and
conclude with the Agency the convention referred to in paragraph 2.1.
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Pending the setting-up of Arianespace, the
Participants invite the signatories of the Le Bourget Transpace Protocol of 12
June 1979 to nominate a representative empowered to negotiate the convention in
question.
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