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Art.4 |
IV ORGANIZATION OF THE PROJECT |
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Art.4.1 |
1. The project shall be directed by a project board. The board shall decide on all matters concerning the project within the framework of this Agreement. |
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Art.4.1.ax |
Each contracting party shall appoint one member of the board. The member appointed by AES will be the chairman of the board. Each member of the board may be assisted at the board meeting by one specialist who shall not have a voting right. The board shall meet at least 3 times a year. Additional board meetings shall be convened at the request of one member of the board. |
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Art.4.1.bx |
The decisions of the project board shall normally be made by mutual agreement. Should it be necessary to vote on any decision, each member of the board shall have a number of votes in proportion to the financial commitment of the contracting party concerned according to Article VI below. Every member shall be given the opportunity to cast his vote. 60 % of the votes cast are required for a decision. An opportunity will be provided for voting in absentia and/or through designated alternate upon proper and timely notification of the matter to be voted on. Should it be necessary to revise the programme, the board should be prepared to meet at short notice. |
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Art.4.1.cx |
The distribution of votes among the four Nordic countries will be stated at the first board meeting. |
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Art.4.1.dx |
AES has an absolute veto right against decisions involving the safety of the plant or conflicts with Swedish laws and regulations. |
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Art.4.2 |
2. AES shall appoint a project manager. The appointment requires the approval of the project board. The project manager shall be responsible to the project board for the execution and management of the agreed project. His duties include the drawing up of detailed programmes of work, including cost and time schedules. |
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Art.4.2.ax |
The project manager shall be present at the meetings of the project board and shall have the right to participate in the deliberations He shall report at each meeting on the progress of the work of the project. |
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Art.4.3 |
3. A committee, called the Technical Advisory Committee (TAC), shall be established. The committee shall be composed of senior technical experts. Each contracting party having a share of 20 % of the total budget shall have the right to designate two members and each contracting party having a share of less than 20 % shall have the right to designate one member. The committee has the authority to direct the project manager on technical matters within the scope, cost and time schedule of the programme. Differences in opinion between the TAC members shall be resolved by the vote following the same procedure as applies to the voting in the board. If the project manager considers a proposal from the TAC to lead to an increase in costs or to a prolongation of the time schedule, the matter shall immediately be brought by him to the attention of the board for decision. Pending the decision of the board, no action shall be taken by the project manager that may infringe upon the freedom of the board to decide. The project manager shall be in attendance at the meetings of the committee. |
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Art.4.3.ax |
The chairman of the project board chairs the meeting of the TAC. The committee shall meet at least three times per year. The meetings shall be convened by the chairman of the project board on his own initiative or at the request of members representing at least 40 % of the votes of the committee. |
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Art.4.4 |
4. In the performance of his duties, the project manger shall be assisted by a project staff as exemplified in Appendix C. |
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Art.4.5 |
5. AES undertakes to render the necessary technical and administrative services and to procure the material for implementation of the project. Legal acts relating to the carrying out of the project shall be performed by AES on behalf of the contracting parties. |
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Art.4.6 |
6. For the financial management of the project, AES shall arrange an adequate book-keeping and reporting system according to the needs of this Agreement. Additional reporting that may be required for specific national reasons is not the responsibility of the project. The auditing shall be performed by the auditors of AES, and if so requested by any of the other parties, by auditors elected by them. |
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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.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.12 |
XII ARRANGEMENTS FOR TERMINATION OF THE PROJECT |
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Art.12.1x |
Equipment purchased within the project budget is regarded as being the property of the parties, each having a share in the percentage proportion to the financial contribution as given in Article VI:2. |
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Art.12.2x |
After the termination of the project such equipment which can still be utilized for other purposes will be evaluated under consideration of normal depreciation. AES will make up a list of such equipment and its value for approval by the project board. |
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Art.12.3x |
If AES with the approval of the project board decides to retain such equipment, the other parties will be credited in proportion to their financial grants. |
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Art.12.4x |
The project board shall decide upon the disposal of such remaining equipment as is not retained by AES. |
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Art.12.5x |
When selling equipment after the termination of the experiments, the costs for dismantling of such equipment and associated restoration shall be paid from the income of the sale of such equipment. The estimated economic net result shall be approved by the board before any action is taken in such matters. |
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Art.12.6x |
In case of a decision to terminate the project prior to its fulfilment, under the circumstances described in Article XI, AES undertakes to cancel the remaining delivery contracts and other remaining commitments for the project as soon as possible. |
