4-2-2-11 MEMORANDUM OF UNDERSTANDING AMONG THE UNITED STATES, NORWAY AND THE UNITED KINGDOM FOR THE DEVELOPMENT OF SYNTHETIC APERTURE RADAR APPLICATION TO SUPPORT COASTAL WARFARE AND SURFACE SHIPWAKE DETECTION AND SURFACE SHIPWAKE DETECTION AND CHARACTERIZATION

Section VI Contractual Provisions

1.

If any Participant determines that Contracting is necessary to fulfill its responsibilities under Section III (Scope of Work) of this MOU, that Participant will contract in accordance with its respective national laws, regulations and procedures.

2.

When one Participant individually contracts to undertake a task under this MOU, it will be solely responsible for its own Contracting, and the other Participants will not be subject to any liability arising from such Contracts without their written consent.

3.

Each Participant's Contracting Agency will negotiate to obtain the rights to use and disclose Project Information required by Section VIII (Disclosure and Use of Project Information). Each Participant's Contracting Agency will insert into its Contracts (and require its Contractors to insert in prospective subcontracts) suitable provisions to satisfy the requirements of this MOU, including Section VIII (Disclosure and Use of Project Information), Section IX (Controlled Unclassified Information), Section XI (Security) and Section XII (Third Party Sales and Transfers). During the Contracting process, each Participant's Contracting Officer will advise prospective Contractors of their obligation to notify the Contracting Agency immediately if they are subject to any license or agreement that will restrict that Participant's freedom to disclose Information or permit its use. The Contracting Officer will also advise prospective Contractors to employ their best efforts not to enter into any new agreement or arrangement that will result in restrictions.

4.

In the event a Participant's Contracting Agency is unable to secure adequate rights to use and disclose Project Information as required by Section VIII (Disclosure and Use of Project Information), or is notified by Contractors or potential Contractors of any restrictions on the disclosure and use of Information, that Participant's PM will notify the other PMs of the restriction(s) and consult to resolve the situation.

5.

Each Participant's PM will promptly advise the other Participant's PMs of any difficulties or performance problems of any Contractor for which its Contracting Agency is responsible and which will have a significant impact on the Project.