V. Market Participation 1. During the term of this Agreement: (a) Ukrainian space launch services providers may provide commercial space launch services to international customers or commercial space launch vehicles to an integrated space launch services provider for the launch of up to five principal payloads to geosynchronous earth orbit or geosynchronous transfer orbit. If the average annual number of internationally competed commercial launches, including launch failures, is 24 or more over the first three years of this Agreement or if the Parties, by mutual agreement, conclude that commitments for such launches indicate that an average annual number of internationally competed commercial launches of 24 or more will occur during the first three years of this Agreement, then this quantitative limit shall be raised to six. (b) In addition, Ukrainian space launch services providers may supply, during the term of this Agreement, space launch vehicles to an integrated space launch services provider for the launch of 11 principal payloads to geosynchronous earth orbit or geosynchronous transfer orbit. If the average annual number of internationally competed commercial launches, including launch failures, is 24 or more over the first three years of this Agreement or if the Parties, by mutual agreement, conclude that commitments for such launches indicate that an average annual number of internationally competed commercial launches of 24 or more will occur during the first three years of this Agreement, then this quantitative limit shall be raised to 12. If the average annual number of internationally competed commercial launches, including launch failures, is 24 or more over the first four years of this Agreement or if the Parties, by mutual agreement, conclude that commitments for such launches indicate that an average annual number of internationally competed commercial launches of 24 or more will occur during the first four years of this Agreement, then this quantitative limit shall be raised to 14. 2. During the term of this Agreement, the Parties agree that Ukrainian commercial space launch services to low earth orbit that are single launches and that are not part of the initial deployment of a satellite constellation shall be governed by this Agreement. Both Parties also agree that Ukrainian participation in this LEO market segment shall not be disruptive to the normal functioning of the market. The United States shall be guided in its assessment of the effect, or potential effect, of Ukraine's participation in this LEO market segment by, inter alia, the extent and growth of overall Ukrainian and U.S. participation in this market. If either Party believes that the other Party is participating, or may participate, in this market in a manner inconsistent with its commitments uner this Agreement, ths Parties shall meet pursuant to the consultations provided for under Article VIII (2) to ascertain the facts of the situation and take appropriate corrective action. 3. During the term of this Agreement, the Parties agree that Ukrainian commercial space launch services to low earth orbit that are part of the initial deployment of a satellite constellation shall be governed by this Agreement. With respect to proposals to deploy satellite constellations in low earth orbit during the term of this Agreement, the United States shall assess the effect or potential effect of Ukraine's participation in this LEO market segment relative to Ukraine's commitments under this Agreement in terms of the extent of participation by Ukrainian, U.S., and third country launch services providers in the deployment. In particular, the United States will consider whether the overall level of participation by launch services providers in countries with whom the United States has concluded a bilateral commercial space launch services agreement (measured according to distribution of payloads) in the deployment of any single LEO communications satellite constellation is greater than the participation of market economy launch services providers. The following factors will, inter alia, also be taken into account: (a) launch scheduling requirements and the need to optimize launch vehicle selection to meet deployment or operational requirements; (b) the availability of competitively-priced market economy launches to meet these requirements; (c) opportunities made available to other parties for participation in the replacement market; (d) reasonable considerations by the proposed system operator regarding commercial risk sharing; and (e) customers' requirements. If either Party believes that the other Party is participating, or may participate, in the LEO constellation market in a manner inconsistent with its commitments under this Agreement, the Parties shall meet pursuant to the consultations provided for under Article VIII (2) to ascertain the facts of the situation and take appropriate corrective action. The criteria set forth in this paragraph may be reconsidered by the Parties. Among the events which would justify favorable reconsideration for elimination of the criteria in this paragraph would be a commercially viable project for satellite services that fundamentally changes demand for launch services. 4. Ukraine agrees that any commitments to provide commercial space launch services to geosynchronous orbit under paragraph 1 above shall be proportionally distributed over the period of the Agreement. To this end, Ukraine shall make its best efforts to prevent a disproportionate concentration of such launches during any two-year period of the Agreement. Ukraine shall seek to ensure that Ukrainian launches of principal payloads for international customers are performed as scheduled in the original launch commitment. 5. If in the course of the annual consultations provided in Article VIII (1), the Parties agree that the market for commercial space launch services has developed more favorably than anticipated and if each Party is satisfied with the other Party's compliance with the terms of this Agreement, the quantitative restrictions set forth in paragraph 1 above may be increased by written agreement of the Parties.