| 1. |
Utilization rights are derived from Partner
provision of user elements, infrastructure elements, or both. Any
Partner that provides Space Station user elements shall retain use
of those elements, except as otherwise provided in this paragraph.
Partners which provide resources to operate and use the Space Station,
which are derived from their Space Station infrastructure elements,
shall receive in exchange a fixed share of the use of certain user
elements. Partners' specific allocations of Space Station user elements
and of resources derived from Space Station infrastructure are set
forth in the MOUs and implementing arrangements. |
| 2. |
The Partners shall have the right to barter
or sell any portion of their respective allocations. The terms and
conditions of any barter or sale shall be determined on a case-by-case
basis by the parties to the transaction. |
| 3. |
Each Partner may use and select users
for its allocations for any purpose consistent with the object of
this Agreement and provisions set forth in the MOUs and implementing
arrangements, except that:
| (a) |
any proposed use of a user element
by a non-Partner or private entity under the jurisdiction of
a non-Partner shall require the prior notification to and timely
consensus among all Partners through their Cooperating Agencies;
and |
| (b) |
the Partner providing an element
shall determine whether a contemplated use of that element is
for peaceful purposes, except that this subparagraph shall not
be invoked to prevent any Partner from using resources derived
from the Space Station infrastructure. |
|
| 4. |
In its use of the Space Station, each
Partner, through its Cooperating Agency, shall seek through the mechanisms
established in the MOUs to avoid causing serious adverse effects on
the use of the Space Station by the other Partners. |
| 5. |
Each Partner shall assure access to and
use of its Space Station elements to the other Partners in accordance
with their respective allocations. |
| 6. |
For purposes of this Article, an ESA Member
State shall not be considered a "non-Partner". |
