VIII. Consultations
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1. |
The Parties will consult annually with
respect to the obligations in this Agreement and related matters, including the
nature and extent of direct and indirect government support provided to
commercial space launch services providers and developments in the
international market for commercial space launch services.
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2. |
In addition, each Party undertakes to enter
into special consultations within thirty (30) days of a request by the other
Party to discuss matters of particular concern. In particular, special
consultations will be held to review the situation in which there is an absence
of Western launch availability due to full manifests or launch failures during
the required launch period (generally within three (3) months before and after
the preferred launch date), if Ukraine has reached the limitation set out in
Article V (1). If information is provided which verifies, to the satisfaction
of the United States, that the situation described above exists, the United
States may increase the quantitative limits on available launches established
under Article V (1) to permit the satellite to be placed on a Ukrainian launch
vehicle manifest for launch.
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3. |
The United States and Ukraine agree to work
toward a common understanding of the application of market principles to
prices, terms, and conditions of commercial space launch services for
international customers.
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4. |
To facilitate the annual consultations, the
United States and Ukraine agree to exchange information as follows:
(a)
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The United States shall each year in advance
of such consultations provide to Ukraine such publicly releasable information
as it possesses with respect to prices, terms and conditions prevailing in
the international market for commercial space launch services. Ukraine may
request that the United States provided additional publicly releasable
information with respect to international prices, terms and conditions, and
may in addition request U.S. views regarding prevailing international market
conditions and likely future developments, as well as government supports or
inducements. The United States shall respond to such requests within thirty
(30) days. If such information cannot be provided directly because of
business confidentiality, the United States shall provide such information in
summary form.
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(b)
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Ukraine shall in advance of such
consultations provide comprehensive information to the United States
regarding prices, terms, and conditions offered by Ukrainian space launch
services providers or integrated space launch services providers for the
launch of principal payloads. The United States may request additional
information with respect to the prices, terms, and conditions offered by
Ukrainian space launch services providers or integrated space launch services
providers and any government supports or inducements. Ukraine shall respond
to such requests within thirty (30) days. If such information cannot be
provided directly because of business confidentiality, Ukraine shall provide
such information in summary form.
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(c)
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The United States and Ukraine shall also
provide each year, in advance of annual consultations, information on a
connoneated basis concerning the commitments their space launch service
providers have undertaken to provide commercial space launch services for
international customers. This information may be made publicly available.
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5. |
If a launch of a satellite for an
international customer which is subject to the terms of this Agreement will not
be performed as scheduled, Ukraine shall notify the United States regarding the
reasons for the delay and the new date for the launch as soon as possible.
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6. |
If, after consultations provided for under
this Article, either Party determines that the provisions of this Agreement
have been violated by the other Party, each Party reserves its right to take
any action permitted under its national laws and regulations.
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