Common use of CONSIDERING Clause in Contracts

CONSIDERING. the Convention for the Establishment of a European Organization for Nuclear Research, and the Financial Protocol annexed thereto, which was signed on 1 July 1953, entered into force on 29 September 1954 and was amended on 17 January 1971 (“the Convention”); the Resolution by the CERN Council (“the Council”) dated 17 June 2010 (as set out in Annex 3 to the “Report on Geographical Enlargement of CERN”, CERN/2918/Rev.), by which it created the status of Associate Member State; the Council decision dated 15 March 2018 (CERN/3342/RA/Rev.), introducing deadlines applicable to the different steps in the process of accession to Associate Membership designed to streamline said process; the Council decision dated 26 September 2019 (CERN/3436/C/Rev.), in accordance with which the annual contribution of an Associate Member State shall be agreed by the Parties taking due consideration of the number of CERN users affiliated to its universities and institutes as well as its national infrastructure used by European particle physicists, always provided that such annual contribution shall not be less than 10% of the State’s theoretical Membership contribution and shall, in any event, correspond at least to the minimum contribution level determined by the Council1; the conditions applicable to the status of Associate Member State (the “Standard Terms”), as reviewed by the Council on 12 December 2019 (CERN/3474/C), HAVING REGARD TO the longstanding relationship between the Organization and Latvia and the latter’s successful contributions to the execution of CERN’s scientific programme, in particular through the Cooperation Agreement concluded in 2016 (the “Cooperation Agreement”) and Protocol P141 thereto; the application by Latvia for Associate Membership, received by CERN on 24 February 2020; the evaluation by the Council at its December 2020 Session, on the basis of the report of its fact-finding Task Force (CERN/3544/C), that Latvia fulfils the criteria for Associate Membership; the confirmation by Latvia, as expressed in its letter received by CERN on [DATE], that it accepts the conditions of this Agreement (the “Agreement”), as well as the amount of the annual financial contribution negotiated between the Parties; the Resolution by the Council dated [DATE] (CERN/…) that, subject to the entry into force of both this Agreement and the Protocol on the privileges and immunities of the European Organization for Nuclear Research (the “Protocol”) in respect of Latvia, the latter is granted the status of Associate Member State, THE PARTIES HAVE AGREED AS FOLLOWS:

CONSIDERING. the The Convention for the Establishment of a European Organization for Nuclear Research, Research and the Financial Protocol annexed thereto, which was signed on 1 1st July 1953, entered into force on 29 September 1954 and was amended on 17 January 1971 (the “the Convention”); the The Resolution by the CERN Council (“the Council”) dated 17 June 2010 (as set out in Annex 3 to the “Report on Geographical Enlargement of CERN”, CERN/2918/Rev.), by which it created the status of Associate Member State; and decided that Membership may only be granted once the Council decision dated 15 March 2018 (CERN/3342/RA/Rev.), introducing deadlines applicable to the different steps in the process of accession to Associate Membership designed to streamline said process; the Council decision dated 26 September 2019 (CERN/3436/C/Rev.), in accordance with which the annual contribution of State has completed at least two years as an Associate Member State shall be agreed by in the Parties taking due consideration pre-stage to Membership; The standard provisions for the granting of the number of CERN users affiliated to its universities and institutes as well as its national infrastructure used by European particle physicists, always provided that such annual contribution shall not be less than 10% of the State’s theoretical Membership contribution and shall, in any event, correspond at least to the minimum contribution level determined by the Council1; the conditions applicable to the status of Associate Member State in the pre-stage to Membership (the “Standard TermsModel Agreement”), as reviewed approved by the Council on 12 December 2019 (CERN/3474/C)at its Session of 21 March 2013, HAVING REGARD TO the which stipulate, inter alia, that this status shall not exceed five years; The longstanding relationship between Estonia and the Organization and Latvia and the latter’s successful contributions to the execution realization of CERN’s scientific programme, in particular through the Cooperation Co-operation Agreement concluded between Estonia and CERN in 2016 1996, as well as the Co-operation Agreement concluded between them in 2010 (the “Cooperation Co-operation Agreement”) ), which further developed the Parties’ scientific and Protocol P141 theretotechnical co-operation and replaced the 1996 Agreement; the application by Latvia The wish of Estonia to apply for Associate CERN Membership, received by CERN on 24 as expressed in the letter of the Estonian Prime Minister dated 8 February 20202018 to the President of the Council; the evaluation The decision by the Council at its December 2020 Sessiondated 14 June 2018 that Estonia’s accession to Membership would, on in principle, be in the basis interest of the report Organization and the invitation by the Council to Estonia to submit a formal application for Membership; The formal application by Estonia for Membership received by the Organization on 5 September 2018; The examination of its Estonia’s application by the fact-finding Task Force appointed by the Council and the resulting Task Force report, submitted to the Council at its March 2019 Session (CERN/3544CERN/3418/C), which concluded that Latvia Estonia fulfils the criteria Membership criteria; The Council decision dated 14 March 2019 to authorise the Director-General to submit to Estonia a draft Agreement for the granting of the status of Associate Member in the pre-stage to Membership of CERN and to finalise it once Estonia’s financial contribution had been defined within the framework set out in document CERN/2918/Rev.; The letter dated 9 April 2019 by the Director-General to the Permanent Representative of Estonia to the United Nations Office and other international organizations in Geneva, informing the latter of the aforementioned Council decision and conveying to Estonia the draft Agreement, which is based on the standard provisions of the Model Agreement; The Note Verbale dated 11 February 2020, addressed to CERN by the Permanent Mission of Estonia to the United Nations and Other International Organizations in Geneva to CERN, communicating Estonia’s endorsement of the provisions of the draft Agreement; The Resolution by the Council dated 19 March 2020, by which it has granted to Estonia the status of Associate Member in the pre-stage to Membership; , subject to the confirmation by Latvia, as expressed in its letter received by CERN on [DATE], that it accepts the conditions entry into force of this Agreement (the “Agreement”), as well as the amount of the annual financial contribution negotiated between the Parties; the Resolution by the Council dated [DATE] (CERN/…) that, subject to the entry into force of both this Agreement and the Protocol on the privileges and immunities of the European Organization for Nuclear Research (the “Protocol”) in respect of Latvia, the latter is granted the status of Associate Member State, THE PARTIES HAVE AGREED AS FOLLOWS: