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Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

Section XII Third Party Sales and Transfers

1.

Except to the extent permitted in Paragraph 2. below, the Participants will not sell, transfer title to, disclose, or transfer possession of Project Foreground Information or jointly acquired Project Equipment to any Third Party without the prior written consent of the other participants. Furthermore, except to the extent permitted in Paragraph 2. below, no Participant will permit any such sale, disclosure, or transfer, including by the owner of the item, without the prior consent of the other Participants. Such consent will not be given unless the government of the intended recipient agrees in writing with the Participants that it will:

a.

not retransfer, or permit the further retransfer of, any equipment or Information provided.

b.

use, or permit the use of, the equipment or Information provided only for the purposes specified by the Participants.


2.

a.

Each Participant may sell, transfer title to, disclose, or transfer possession of Project Foreground Information:

(1)

which is generated solely by that Participant or that Participant's Contractors in performance of its work allocation under Section III (Scope of Work) and Annex A (Project Plan), and

(2)

which does not include any Project Background Information received from another Participant.

b.

In the event questions arise regarding the origin of Project Foreground Information that a Participant intends to sell, transfer title to, disclose, or transfer to a Third Party, the matter will be brought to the immediate attention of the other Participants' PMs. If necessary, the matter will be referred to the SC for resolution prior to any sale or other transfer of such Project Foreground Information to a Third Party.


4.

Consent for Third Party sales and transfers of Project Foreground Information, or any item produced either wholly or in part from Project Foreground Information will not be withheld except for reasons of foreign policy, national security, or national laws. The Participants will not refuse approval of such a sale or transfer to a Third Party when they would be willing to sell or transfer such Information to the same Third Party.


5.

A Participant will not sell, transfer title to, disclose, or transfer possession of Project Equipment or Project Background Information provided by another Participant to any Third Party without the prior written consent of the Participant which provided such equipment or Information. The providing Participant will be solely responsible for authorizing such transfers and, as applicable, specifying the method and conditions for implementing such transfers.



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