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Art.3 |
III SCOPE OF THE PROJECT |
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Art.3.1x |
The scope of the project is to prepare and perform containment response tests at Marviken within the framework of an international cooperation. |
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Art.3.2x |
The project will be performed according to Appendices A-F and will aim at providing the contracting parties with further information mainly on certain dynamic phenomena in connection with containment blowdown situations. |
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Art.3.3x |
The framework of the project is laid down in the appendices to this Agreement: |
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Art.3.3x.ax |
Appendix A Description of programmes |
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Art.3.3x.bx |
Appendix B Instrumentation |
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Art.3.3x.cx |
Appendix C Organization |
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Art.3.3x.dx |
Appendix D Budget |
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Art.3.3x.ex |
Appendix E Time schedule |
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Art.3.3x.fx |
Appendix F Reports |
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Art.3.4x |
The project consists of three kinds of activities: |
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Art.3.4x.a |
a) planning and design |
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Art.3.4x.b |
b) experiment preparation and performance of the test programme and |
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Art.3.4x.c |
c) data reduction and reporting of data and interpretation of results |
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Art.3.5x |
The description in Appendix A reflects the fact that a certain minimum number of tests is necessary for the programme to be meaningful. It is consequently agreed that a minimum of 8 blowdown tests (blowdowns Nos 17 - 24) within the programme to be specified in accordance with Appendix A shall be performed. |
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Art.3.6x |
The time schedule contains reserve time which partly is intended for repetition of experiments if needed. |
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Art.5 |
V TIME SCHEDULE |
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Art.5.1 |
1. The starting date of the project is February 1, 1975 and the project shall he carried out in accordance with the time schedule in Appendix E. |
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Art.5.2 |
2. As no development work on instrumentation or other equipment is planned within the project it is vitally important that the board makes it their responsibility to supervise that only well proven and tested instrumentation and other equipment is used for the experiments. At the end of the preparation phase the board shall review the situation regarding the installed instrumentation and other equipment and its formal approval is required for the start of the experimental phase. |
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Art.5.3 |
3. At least after every second blowdown the TAC shall decide whether the blowdown and measurement conditions have concurred with the general descriptions of the experiments in the agreement and whether the information achieved is complete enough to be useful or if the experiments should be repeated. This decision shall be communicated to the board members immediately |
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Art.7 |
VII SUPPLY OF PERSONNEL |
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Art.7.1 |
1. During the project, the contracting parties shall, within the total budget, contribute to the project staff by supplying project personnel, along the lines specified in Appendix C: p 4. |
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Art.7.1.ax |
The project staff shall be appointed and seconded to the project by the contracting parties with the agreement of the project manager. The project manager shall be responsible for the duly qualified composition and efficiency of the project staff and shall have the right to take the appropriate measures to that effect. The project personnel will remain in the employment of their respective employers. The project staff, during their participation in the project, work under the authority of the project manager and shall be subject to the general working rules of AES such as ordinary working hours, vacation periods etc. |
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Art.7.2 |
2. The parties shall, if considered necessary by the board, maintain at the disposal of the project their project personnel for a period not exceeding the period stated in Appendix E by more than three months. Such prolongation shall fall within the total budget and be credited according to the same rules as set out in Article VI:3. |
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Art.7.3 |
3. In addition, each party may at their own expense and under their own responsibility participate with delegated personnel to the extent agreed by the project manager. They may use their own equipment if agreed by the project manager. Such personnel when working in the project are subject to the rules stated in this Article VII:1. |
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Art.8 |
VIII INFORMATION AND USE OF RESULTS, INCLUSIVE OF INVENTIONS |
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Art.8.1 |
1. The results of the project shall be presented in the form of appropriate progress and final reports as specified in Appendix F. |
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Art.8.2 |
2. All information derived from the execution of the project shall be made available to the contracting parties. |
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Art.8.3 |
3. Prior to approval by the parties for publication, the information will be freely available to government authorities, organizations and companies in the participating countries for their own use but not for publication by discretion of the respective parties. When required by administrative procedure in its country, each party may on its own responsibility disseminate or otherwise make use of information from the experiments. |
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Art.8.3.ax |
The project will not bear any responsibility for such information as is not approved by the project board and which is not contained in the project reports as specified in this Article VIII:1. In such cases the party should carefully consider the possible necessity of due reservations regarding the validity of the information with respect to the final total evaluation of the project results. During the period covered by the Agreement the parties may not without the consent of the project board supply information on project progress and resluts to organizations and companies outside the contracting Nordic countries, the Federal Republic of Germany, the United States, France and Japan. |
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Art.8.4 |
4. Prior to the termination of the project, the project board must decide upon such results that may not be published. |
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Art.8.5 |
5. Patentable or not patentable inventions made in the course of the project work shall be made available to the project; the party responsible for any such invention undertakes to give the right of use to the project, free of cost charge. |
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Art.8.6 |
6. Patentable inventions made in the course of the project work shall be considered made by the inventor as member of his home organization and patent matters shall be settled by the respective party according to the laws and regulations in the respective country, provided, however, if a party decides to file patent applications for an invention in one or several countries, the other parties shall be granted non-exclusive royalty-free licences to use the invention in such countries, including the right to grant sublicences to organizations and companies of their own country. |
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Art.8.7 |
7. Each party waives any and all claims against the other parties for compensation, royalty or award, as regards any inventions or discoveries, made in the course of, or under this Agreement and releases the other parties with respect to any and all such claims, including any claim under the provisions of the applicable employer-employee invention legislation of the participating countries. |
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Art.8.8 |
8. When one party has previously been granted or has applied for patents on an invention which could have significance for carrying out the project, the right of use of this invention shall be granted the project free of cost charge by the respective party. |
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Art.10 |
X ACCEPTANCE OF FURTHER PARTICIPANTS |
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Art.10.1x |
If other entities wish to join the project, the project board shall examine the economic and other conditions of such participation and prepare a recommendation thereon for the contracting parties. Acceptance of further participants requires unanimous agreement by the contracting parties. |
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Art.11 |
XI UNFORESEEN OCCURRENCES AND RIGHT TO WITHDRAW |
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Art.11.1 |
1. Should unforeseen occurrences put in doubt the achievement of the project objectives within the agreed time, budget or cost schedule, the project manager shall immediately report to the project board, which shall decide on the continuation. A decision to continue shall require the unanimous agreement of the parties, and must include necessary amendments of the time, budget or cost schedule as the case may be. |
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Art.11.2 |
2. If a decision to continue the project can not be reached, then any party to this Agreement shall have the right to withdraw from the Agreement. In such a case the withdrawing party is under an obligation to fulfil its share of project commitments which originate prior to the date of the withdrawal. The withdrawing party has the right to all information produced by the project up to the date of withdrawal. The information will be supplied in the form existing at the date of withdrawal without processing of the data. |
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Art.13 |
XIII COVENANT AGAINST CONTINGENT FEES |
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Art.13.1x |
The parties warrant that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the parties for the purpose of securing business. In case of any breach or violation of this warranty, the parties shall have the right to annul this contract without liability or at their discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. |
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Art.14 |
XIV OFFICIALS NOT TO BENEFIT |
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Art.14.1x |
No member of or delegate to the U S Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. |
