Article X: Exchange of technical data and Goods
Each Party is obligated to transfer to the
other Party only those technical data and goods which both Parties agree are
necessary to fulfill the responsibilities of the transferring Party under this
Implementing Agreement, subject to the following:
1.
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Interface, integration, training and safety
data (excluding detailed design, manufacturing, and processing data, and
associated software) will be exchanged by the Parties without restrictions as
to use or disclosure, except as otherwise restricted by national laws or
regulations relating to export controls.
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2.
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In the event a Party finds it necessary to
transfer technical data other than that specified in paragraph 1 above, in
carrying out its responsibilities under this Implementing Agreement that are
proprietary, and for which protection is to be maintained, such technical
data will be marked with a notice indicating that it shall be used and
disclosed by the receiving Party and its contractors and subcontractors only
for the purposes of fulfilling the receiving Party's responsibilities under
this Implementing Agreement, and that the technical data shall not be
disclosed or retransferred to any other entity without prior written
permission of the furnishing Party. The receiving Party agrees to abide by
the terms of the notice, and to protect any such marked technical data from
unauthorized use and disclosure.
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3.
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In the event a Party finds it necessary to
transfer technical data and goods in carrying out its responsibilities under
this Implementing Agreement that are export-controlled, and for which
protection is desired, the furnishing Party will mark such technical data
with a notice and identify such goods. The notice or identification will
indicate that such technical data and good will be used and such technical
data will be disclosed by the receiving Party and its contractors and
subcontractors only for the purposes of fulfilling the receiving Party's
responsibilities under this Implementing Agreement. The notice or
identification will also provide that such technical data will not be
disclosed, and such technical data and goods will not be retransferred, to
any other entity without prior written permission of the furnishing Party.
The Parties will abide by the terms of the notice or identification and will
protect any such marked technical data and identified goods.
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4.
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The Parties are under no obligation to
protect any unmarked technical data or unidentified goods.
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