ia ‘TECHNICAL ARRANGEMENT BETWEEN SaLADAPITO PRASTTOAT ‘THE MINISTRY OF DEFENCE OF THE SLOVAK REPUBLICS. 5-20 1% AND veo ‘THE MINISTRY OF DEFENCE OF THE REPUBLIC OF FINLAND |p, ON COOPERATION CONCERNING 8x8 INFANTRY FIGHTING VEHICLE R&D PROJECTINTRODUCTION “The Ministry of Defence ofthe Slovak Republic and the Ministry of Defence ofthe Republic ‘of Finland hereinafter referred to asthe "Participants" = Having « common interest in defence materiel as stated in the Memorandum of ‘Undetstnding (Memorandum of Understanding between the Ministry of Defence of the Slovak Republic and the Ministry of Defence ofthe Republic of Finland on Co-Operation in the Field of Research, Development, Production and Procurement of Defence related Equipment and Industial Co-Operation) between The Ministry of Defence of the Slovak Republic and the Ministy of Defence of the Republic of Finland signed in Brussels on 18th ‘of May, 2017 and eame into effect simultaneously; = Having a common interests in security as stated in the Security Agreement (Agreement between the Goverment of the Republic of Finland and the Govemment of the Slovak Republic on Mutual Protection of Classified Information) for reciprocal protection of classified information between the Participants signed in Bratislava on Ith May 2007 and entered into effet on Ist of January 2008 (hereinafter “the Security Agreemen.”) - Having a common interest in the research & development of defence systems in particular in the fed of 8x8 Infantry Fighting Vehicle, have reached the following understanding: PARAGRAPH 1 Objectives LL The overall objectives of this Technical Arrangement (TA) are to establish a framework of the collaborative programme that will guide and facilitate the cooperation in the subject of 8x8 Infantry Fighting Vehicle (hereinafter the “IFV") mesting the interoperability, cot, performance, schedule and supportablity targets ofthe Paticipants and related IFV Research and Development project (hereinafter the “R&D") and the management fof the information exchange and knowledge sharing related to the IFV capabilites and ‘weapon systems integration, 1.2 This TA isnot intended to conflict with relevant national or international law or any intemational agreements to which Participants are bound and does not crea any rights or obligations under the international public law. Should such a conflict nevesteless arse, the ‘ational or intemational law and inteenstional agreements will prevail over this TA. 1.3 The objectives of thi TA and of the collaborative programme established thereunder are to ullse existing feasibility studies, other researches and information from planned ‘operational needs prepared by both Participants that have resulted in_ the seleetion of EVPU ‘Tarra as a weapon system and Patria AMV 8x8 as a vehicle platform forthe purposes of experimental development of the IFV protatype and production of related studies for the ‘ptposes of the Participants, and in particular to:1.3.1 Establish a framework for the collaborative programme that the cooperation between the Participant, in particular inthe subject of the R&D project(s) tnd the evaluation and subsequent management ofthe project(s) outcomes which may result inthe purchase ofthe developed prototype, pre-seral production and subsequest purchases of customized IFV, if so determined by the Participants; 132 Procurement of necessary materiel and services for completing the studies, in paticular IEV prototype Which allows conducting necessary tess for system validation and verification; 133 Complete studies on capabilies, weapon systems integration and ie cycle ‘management ofthe IFV prototype; 134 Complete Studies on possibilities of securing the domestic sustainment capabilities including measures fo guarantee the needed security of supply ofthe given defence system; 135 Generate the nvessury information for Participants to utilise in their further activities regarding possible further studies and to enable procurement ofthe IFVs by the Participants Lunde his TA in accordance with thet respective needs. PARAGRAPH? ‘Management 24 The cooperative efforts under this TA willbe managed on behalf of the Participants by ‘Steering Committee ($C), 22. The SC will consist of atleast one permanent representative fiom etch Participant. ‘Both Participants may, on a case-by-case basis, appoint as many other representatives to the SC as they find necestary. Participants will notify each other in writing of thei permanent representatives within ten (10) days of signing this TA. 23 The SC will meet as often as required by the Pantcipans’ permanent representatives. Each meeting of the SC will be chaired by the permanent representative of the Participant ‘sting the meeting. 24 Decisions of the SC will be made unanimously among the Participants’ permanent representatives. It is the permanent representatives’ responsibility fo compete all national “approval procedures timely before the decisions are made by the SC. In the event thatthe SC Is unable t reach w Ginely devaio, each SC representative wl efor the fue to its higher suthorty for resolution.25 The responsibilities ofthe SC include, but are not Limited to: ‘take decisions onthe implementation ofthe project ‘exercising the executive-level oversight above the implementation ofthe project under this TA ‘planning information exchange ‘ensuring Participants interaction with the main contractor ‘elaboration of the timetable, execution, approval ofthe qualification tests ané spproval of ‘the user test, content and sale of which wil be agreed by the participants PARAGRAPHS Sharing of Tasks and timetable 3.1 The Slovak Participant will be the lead pavticipant of the IFV related R&D cooperation, 32 The Slovak Participant will provide, organize, manage and finance the IFY Research and Development project, including the provision of the necessary components, except forthe provision and financing of the vehile platform forthe FV prototype and the systems related tothe platform, 3.3 The Slovak Participant will designate and ensure the main contractor, i the entity that will be the executor ofthe implementation and preparation ofthe necessary sts, 344 The Slovak Participant will provide free of charge the necessary ccoperation and jnormation, including prototype operational requirements, fr the implementation ofthe R & D project) tthe other Participant as well ast the main contractor. 3.5 As a supporting Participant, the Finnish Participant will provide fies of charge the necessary assistance, a8 well as the information, inchuding the technical and operational requirements for the implementation of the project, the development studies related to the vehicle platform for the IFV prototype, the Slovak Participant as well as to the main contractor '3.6"The Finnish Participant will provide delivery ofthe vehicle platform forthe IFV prototype to the residence ofthe main contractor, at its own expense and risk, including the necessary supporting documentation by the end of October 2017 atthe latest, 3.7 The Participants shall ensure thatthe testing is earied out at their ovm expense and in ‘accordance with point 25 of this TA, and that the Research and Development project is Comidered tobe completed by proper implementation and after elimnation of any deficiencies. 38 Participants to this TA are authorized to cary out their own farther testing a their own expense, afler completing end agreeing the testing under paragraph 2.5 of this TA, The Steering Commtice will setup the schedule forthe tests and coordinate the execution of tests Results ofthe tests mentioned inthis paragraph may be shared between the paticipats, 3,PARAGRAPH 4 Financial costs fr research and development | 4.1 Participants note that the estimated budget of extemal costs of research ani development ‘of IFV prototype wl be up to 6 million €, Participants will report to each other on R&D and payments through thie SC representatives. 42. Any increase in the smount of the anticipated R&D budget shall be agreed by both pattcipants PARAGRAPHS ‘Techical Characterstios 5. Participants agreed thatthe R&D project willbe based on research and development of FV prototype and completing the necessary Studies including the performance of the tests agcotding to section 3.7 and 3.8 ofthis TA. 5.2 The generation of a technical specification for project IFV will be instructed by the Slovak Participant in coordination wth the Finish Participant. 53 Upon achievement ofthe information specified in Clause 1.3.5, each Patiipant may introduce specific requirements forthe purposes of serial production, such as fumishing the IFV with military equipment used by respective Participant, camouflage painting used by the Participant etc. PARAGRAPH 6 Information Exchange and Intellectual Property Rights 6.1 The Participants accept to exchange information inthe auspices ofthis TA and to share ‘knowledge in the subjet of IFV R&D projects and interoperability test activites according t0 the relevant export control provisions and procedures. {62 The Participants will exchange and protect all classified information in accordance with the Security Agreement or its suocestor in force between the Participants’ governments 63 TA participants undertake to consider any information, respectively the information about thi TA, as wel she ies th ith ured fm hs TA o in cometon wth his Ta au iakstake to heep confidentiality about such fats. Doth Pestcipants are fesuired to infonm its employees, workers and suboontractrs who wil be involved in the implementation ofthis TA about his obligation, The duty of secrecy applies regardless ofthe expiry and validity ofthis TA. {64 The Participants accept to refian from claiming any te to intellectual property rights fom any third parties supplying components to the R&D projectall 65 Participants agree that copyrights and industrial or other intelled be addressed by a specific tpartte agreement between the Participants and the contractor, while the willingness of the patiipants of this TA is that all transferable intellectual property rights will be transfered fre of charge by the main contractor to both Participants in the same rato. PARAGRAPH Financial Arrangements and Custom duties, Taxes and similar charges 74 This TA wil not impose any fnanei i Participant is responsible for funding its costs relating to the fling its obligations under this TA. 7.2 Mechanisms to share costs other than the eost referred to in paragraph 3 of this TA, but not exclusively, the costs of registering the intellectual property rights in the relevant registers will be the subject of specific agreements between te Participants 73 The Slovak Participant has the first right to purchase the prototype generated under this ‘TA. The Finnish Participant has the secondary right to purchase such prototype. Terms and conditions of possible purchase willbe agreed in a separste agreement 74 Ie taxes, custom duties or similar charges ae Tevied, they wll be bome by the Participant ‘of the county in which they are levied, in accordance with national laws and regulations. PARAGRAPH 8 Visit o Establishaents 8.1 In onder to fulfill this TA the Participant will permit visits to its government ‘establishments, agencies and laboratories by representative of the other Participant sceording to the Security Agreement and their national las and international lepsltion and rules, lL visiting personnel wil be requied to comply with the security regulations and procedures of the host participant, 82 Requests for vist by personnel of the Paticipant (oa facility of the other Participant will ‘be coordinated through offical channels, and will conform tothe established vist procedure ‘of the host Participant and will be undetaken in accordance with any aplcable bilateral treaties, agreements, arrangements and national practices between the Participants and ‘ational aws and reguPARAGRAPH Liability and Claims 9.1 Claims submitted by third party, including any natural person, in respect of damage of any sort caused by one of the Patieipans? personnel or an agent, the Participants will dal by ‘mutual agreement. If however, such damage is due to negligence or wilful misconduct, the Participant who caused the loss or damage caused by such action shall be lable, 9.2.In the case of damage caused by o to common property of the Participants, where the cost fof making good such damage eannot be recovered from thin patty, incladlag any maral ‘person that cost will be bome by the responsible Participant. PARAGRAPH 10 Settlement of Disputes 10.1. Possible disputes between the Participants arising under o relating to this TA will be resolved only by consultation between the Participants and will not be refered to a national ‘court, an international tribunal, orto any other person or entity for setlement PARAGRAPH 11 ‘Coming nto eect, Duration, Amendments and Termination 11 This TA wil come into effect upon signature by both Participants and it wil remain in fect uni terminated by joint decison of the Participants 11.2 This TA may be modified by amendment signed by Participants and i will come into effect upon signature ofthe Participants. 11.3 In the event of a termination ofthis TA, all applicable contracts already signed at the ‘ime of that noificetion will remain valid 11.4 This TA is made in two original copies, one for each Participant, writen in English language and signed by the authorized repeseniatives ofthe Participants one in Helsinki on 138 July 2017 “The Ministry of Defence ‘The Ministry of Defence ‘of the Slovak Republic ofthe Republic of Filan EL Bra as [National Armaments Director "National Armaments Dirstor