Common use of Use of Intellectual Property Rights by the Agency Clause in Contracts

Use of Intellectual Property Rights by the Agency. 12.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee as described in Article 12.1, for the performance of the Agency’s programmes, the Incubatee shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-exclusive licence to use on “favourable conditions” (i.e. more favourable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee provide the Agency with conclusive evidence that granting said licence would cause it to suffer economic hardship, the Agency’s authorised representatives may jointly, on a case by case basis, waive this right.

Use of Intellectual Property Rights by the Agency. 12.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee as described in Article 12.1, for the performance of the Agency’s programmes, the Incubatee shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-exclusive licence to use on “favourable conditions” (i.e. more favourable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- non-commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee provide the Agency with conclusive evidence that granting said licence would cause it to suffer economic hardship, the Agency’s authorised representatives may jointly, on a case by case basis, waive this right.

Use of Intellectual Property Rights by the Agency. 12.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee Contractor as described in Article 12.17.1, for the performance of the Agency’s programmes, the Incubatee Contractor shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee Contractor is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-exclusive licence license to use on “favourable favorable conditions” (i.e. more favourable favorable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- non-commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee Contractor provide the Agency with conclusive evidence that granting said licence license would cause it to suffer economic hardship, the Agency’s authorised authorized representatives may jointly, on a case by case basis, waive this right.

Use of Intellectual Property Rights by the Agency. 12.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee as described in Article 12.1, for the performance of the Agency’s programmes, the Incubatee shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-non- exclusive licence to use on “favourable conditions” (i.e. more favourable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- non-commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee provide the Agency with conclusive evidence that granting said licence would cause it to suffer economic hardship, the Agency’s authorised representatives may jointly, on a case by case basis, waive this right.

Use of Intellectual Property Rights by the Agency. 12.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee as described in Article 12.112.1 above, for the performance of the Agency’s programmes, the Incubatee shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Agency’s Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-exclusive licence to use on “favourable conditions” (i.e. more favourable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- non-commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee provide the Agency with conclusive evidence that granting said licence would cause it to suffer economic hardship, the Agency’s authorised representatives may jointly, on a case by case basis, waive this right.

Use of Intellectual Property Rights by the Agency. 12.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee Contractor as described in Article 12.17.1, for the performance of the Agency’s programmes, the Incubatee Contractor shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee Contractor is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-exclusive licence license to use on “favourable favorable conditions” '' (i.e. more favourable favorable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- non-commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licensessublicenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee Contractor provide the Agency with conclusive evidence that granting said licence license would cause it to suffer economic hardship, the Agency’s authorised authorized representatives may jointly, on a case by case basis, waive this right.

Use of Intellectual Property Rights by the Agency. 12.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee Contractor as described in Article 12.17.1, for the performance of the Agency’s programmes, the Incubatee Contractor shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee Contractor is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-exclusive licence to use on “favourable conditions” (i.e. more favourable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- non-commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee Contractor provide the Agency with conclusive evidence that granting said licence would cause it to suffer economic hardship, the Agency’s authorised representatives may jointly, on a case by case basis, waive this right.

Use of Intellectual Property Rights by the Agency. 12.2.1 13.2.1 If the Agency or its Member States require the use of any Intellectual Property Rights, owned by the Incubatee as described in Article 12.113.1, for the performance of the Agency’s programmes, the Incubatee shall be invited to submit a proposal following a request for quotation issued by the Agency. If, for any reason, the Incubatee is not able to submit a proposal within the determined tendering period, or following evaluation, said proposal is not recommended in-line with the ESA Rules and Regulations, the Agency is automatically entitled to a worldwide, irrevocable, transferable, non-exclusive licence to use on “favourable conditions” (i.e. more favourable for the Licensee than market conditions but still allowing reasonable profit for the Licensor) such Intellectual Property Rights for non- non-commercial purposes within its Scientific Research and Research and Development programmes, with the right to grant sub-licenses. Notwithstanding the above provisions of this Sub-Clause, shall the Incubatee provide the Agency with conclusive evidence that granting said licence would cause it to suffer economic hardship, the Agency’s authorised representatives may jointly, on a case by case basis, waive this right.