Common use of Contributions to Standards Clause in Contracts

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCA, no Party shall have any obligation pursuant to this PCA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Results, Background or Sensitive Information of another Party, even where such Results, Background or Sensitive Information is amalgamated with such first Party’s Result, Background, or Sensitive Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may contribute to a European or other standard, a copy of any proposed contribution of Results to a meeting of a standard setting body, for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection to such contribution to the Party/ies proposing the standard’s contribution and to the Executive Board, within a period of forty-five (45) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCA, no Party shall have any obligation pursuant to this PCA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive Board, within a period of forty-five thirty (4530) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights . No such standard contribution shall be made in respect of which any Justifiable Objection remains unresolved. [START END OF OPTION 1OPTION] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which means it is willing prepared to grant Access Rights for the implementation of the Action or Exploitation of any ResultResults. In addition, each Party may, during the term of the Action, add into to Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there There shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed as included in Attachment 1A to this PCA (“Unlisted Background“), unless introduced into the Action as in the definition of “Background” under ii. Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background unless introduced into the Action as in the definition of “Background” under ii, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, notwithstanding the first sentence of this sub-paragraph, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2Background, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A. d) Notwithstanding Section 9.1.2 of this PCA, if Unlisted Background is or at any time becomes essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Unlisted Background via the standard shall be the prevailing terms.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCACA, no Party shall have any obligation pursuant to this PCA CA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Results, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Confidential Information is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may contribute to a European or other standard, a A copy of any proposed contribution of Results to a meeting of a standard setting body, for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive Board, within a period of forty-five (45) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. No such standard contribution shall be made in respect of which any Justifiable Objection remains unresolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to may grant Access Rights for the implementation of the Action or Exploitation of any ResultResults. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary else in this PCACA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed as included in Attachment 1A to this PCA CA (“Unlisted Background“”). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed not to be excluded from obligations to grant Access Rights in accordance with the GA and this CA and shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCACA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCACA, if the terms under the GA and/or this PCA CA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCACA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA CA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed as included in Attachment 1A. (d) Notwithstanding Section 9.1.2 of this CA, if such Unlisted Background is or at any time becomes licensed by the owner as essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Unlisted Background via the standard shall be the prevailing terms.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCA, no Party shall have any obligation pursuant to this PCA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive Board, within a period of forty-five thirty (4530) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (ia) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (iib) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime prima facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there No such standard contribution shall be no obligation to grant, and no right to be granted, Access Rights to made in respect of which any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing termsJustifiable Objection remains unresolved. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCACA, no Party shall have any obligation pursuant to this PCA CA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 calendar days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive BoardGeneral Assembly, within a period of forty-five (45) calendar days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied all Parties affected by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-mentioned period, it is deemed that the Parties agree to the proposed contributionsuch contribution have agreed. Following the end of the above-above mentioned period, the Executive Board Steering Committee shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objectionsreceived. In the event that a Justifiable Objection an objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection objection is resolved. No such standard contribution shall be made in respect of which any objection remains unresolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.Rights

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment 7 to this PCAAPCA, no Party shall have any obligation pursuant to this PCA APCA to make any contribution for incorporation of its own Result, Foreground in any European or other standard. No For the avoidance of doubt, no Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Foreground, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result's Foreground, Background, or Sensitive Information Background or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may contribute to a European or other standard, a A copy of any each proposed contribution of Results Foreground to a meeting of a standard setting bodystandards organisation included in the schedule distributed by the Board in accordance with section 3.3.1.3 (k), (hereinafter referred to as a “Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 30 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s standards contribution and to the Executive Board, within a period of forty-five (45) 30 days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: : (i) that the objecting Party considers that the protection of the objecting Party’s Result 's Foreground would be adversely affected by the proposed contribution; ; (ii) that the proposed contribution includes the ResultsForeground, Background, Background or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Periodabove period of 30 days. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Periodabove period of 30 days, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies No such standards contribution shall be made in Attachment 1A references to its Background to respect of which it is willing to grant Access Rights any Justifiable Objection remains unresolved. For all other proposed contributions of Foreground for the implementation purpose of incorporation in a standard, the Action or Exploitation above procedure of any Result. In additionthis Section 4.4.2 shall apply accordingly, each Party may, during except that the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there Review Period shall be no obligation to grant, 100 days and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background Objection Period shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms60 days. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCA, no Party shall have any obligation pursuant to this PCA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive Board, within a period of forty-five thirty (4530) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCACA, no Party shall have any obligation pursuant to this PCA CA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Results, Background or Sensitive Information of another Party, even where such Results, Background or Sensitive Information is amalgamated with such first Party’s Result, Background, or Sensitive Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may contribute to a European or other standard, a A copy of any proposed contribution of Results to a meeting of a standard setting body, for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive Board, within a period of forty-five (45) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) : that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) ; that the proposed contribution includes the Results, Background, or Sensitive Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. No such standard contribution shall be made in respect of which any Justifiable Objection remains unresolved. Section 9: Access Rights [START OF OPTION 1]Rights 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary else in this PCACA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA CA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCACA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCACA, if the terms under the GA and/or this PCA CA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCACA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA CA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A. (d) Notwithstanding Section 9.1.2 of this CA, if such Unlisted Background is or at any time becomes licensed by the owner as essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Unlisted Background via the standard shall be the prevailing terms. 9.1. Background excluded: “Negative List” 9.1.1 Each Party identifies in itemised form in Attachment 1B its Background which is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B on its own motion. 9.1.2 Notwithstanding anything else in this CA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this CA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall not be excluded from obligations to grant Access Rights in accordance with the GA and this CA. 9.1.3 Notwithstanding anything else in this CA, the following shall apply: If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. If the terms under the GA and/or this CA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. If for any Background the grant of Access Rights under the GA and/or this CA would require any form of consent of or compensation to a Party or a third party, such Background is deemed to be listed in Attachment 1B as excluded. If Background is or at any time becomes licensed by the owner as essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Background via the standard shall be the prevailing terms.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GAGrant Agreement, or as otherwise stated in an Attachment to this PCAConsortium Agreement, no Party Beneficiary shall have any obligation pursuant to this PCA Consortium Agreement to make any contribution for incorporation of its own Result, in any European or other standard. No Party Beneficiary shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another PartyBeneficiary, even where such Results, Background or Sensitive Information data is amalgamated with such first PartyBeneficiary’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other PartyBeneficiary’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party Beneficiary concerned. Subject to a decision by the General Assembly Governance Council that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the PartiesBeneficiaries, by the Party/ies Beneficiary proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party Beneficiary may submit a written objection objection, to such contribution to the Party/ies Beneficiary proposing the standard’s contribution and to the Executive BoardSaW Delivery Committee, within a period of forty-five thirty (4530) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party Beneficiary considers that the protection of the objecting PartyBeneficiary’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting PartyBeneficiary. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime prima facie, that the objection is justifiable, is (hereinafter referred to as a “Justifiable Objection”). In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties Beneficiaries agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board SaW Delivery Committee shall inform the Parties Beneficiaries whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party Beneficiary proposing the contribution to a standard publication and the Party Beneficiary objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there No such standard contribution shall be no obligation to grant, and no right to be granted, Access Rights to made in respect of which any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing termsJustifiable Objection remains unresolved. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment 8 to this PCAAPCA, no Party shall have any obligation pursuant to this PCA APCA to make any contribution for incorporation of its own Result, Foreground in any European or other standard. No For the avoidance of doubt, no Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Foreground, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result's Foreground, Background, or Sensitive Information Background or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may contribute to a European or other standard, a A copy of any each proposed contribution of Results Foreground to a meeting of a standard setting bodystandards organisation included in the schedule distributed by the Board in accordance with section 3.3.1.3 (k), (hereinafter referred to as a “Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 [X] days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s standards contribution and to the Executive Board, within a period of forty-five (45) [Y] days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: : (i) that the objecting Party considers that the protection of the objecting Party’s Result 's Foreground would be adversely affected by the proposed contribution; ; (ii) that the proposed contribution includes the ResultsForeground, Background, Background or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Periodabove period of Y days. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Periodabove period of [Y] days, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies No such standards contribution shall be made in Attachment 1A references to its Background to respect of which it is willing to grant Access Rights any Justifiable Objection remains unresolved. For all other proposed contributions of Foreground for the implementation purpose of incorporation in a standard, the Action or Exploitation above procedure of any Result. In additionthis Section 4.4.2 shall apply accordingly, each Party may, during except that the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there Review Period shall be no obligation to grant, [W] days and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background Objection Period shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms[Z] days. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCACA, no Party shall have any obligation pursuant to this PCA CA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly Steering Committee that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 thirty 30 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive BoardTechnical Management Team, within a period of forty-five twenty (4520) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiablejustifiable as defined under (i) and (ii) above, is (hereinafter referred to as a “Justifiable Objection”). In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board Technical Management Team shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. No such standard contribution shall be made in respect of which any Justifiable Objection remains unresolved. Section 9: Access Rights [START OF OPTION 1]Rights 9.1. Background included: “Positive List” 9.1.1 Each Party identifies The Parties collectively identify in itemized form in Attachment 1A references to its 1 (“Listed Background”) the only Background to which it is willing to included in the grant of Access Rights for the implementation of the Action or Exploitation of any ResultResults prior to signature of the CA. In addition, each Party may, during the term of the Action, add into make deletions to or amend Attachment “1A” a reference 1 solely with the approval of the Steering Committee, but may make additions in said Attachment 1 on its own motion by written notice to any of its Background not yet so listedthe Coordinator. 9.1.2 Notwithstanding anything to the contrary else in this PCACA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A 1 to this PCA (“Unlisted Background“)CA. Each Party agrees not to use, in the implementation of the Action, any Background not part of its Unlisted the Listed Background, if such use would result in such Unlisted Background being Needed needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included added to Attachment 1 and shall not be excluded from obligations to grant Access Rights in Attachment 1A.accordance with the GA and this CA. 9.1.3 Regarding such Unlisted Background referred to Notwithstanding anything else in the last sentence of Section 9.1.2this CA, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCA, if If the terms under the GA and/or this PCA CA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (cb) Notwithstanding Section 9.1.2 of this PCA, if If for such Unlisted any Background the grant of Access Rights under the GA and/or this PCA CA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background shall not be used in circumstances as long as no agreement between the third party and the Parties of the CA has been reached. c) If Background is deemed or becomes at any time essential to remain not listed in Attachment 1A.a standard adopted by a standard setting body, the terms and provisions governing the access to such Background via the standard shall be the prevailing terms.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCA, no Party shall have any obligation pursuant to this PCA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive BoardSteering Committee, within a period of forty-five thirty (4530) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable 5ustifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board Steering Committee shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable 5ustifiable Objections. In the event that a Justifiable 5ustifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable 5ustifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there No such standard contribution shall be no obligation to grant, and no right to be granted, Access Rights to made in respect of which any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms5ustifiable Objection remains unresolved. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCACA, no Party shall have any obligation pursuant to this PCA CA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly Project Steering Group that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive BoardProject Coordination Team, within a period of forty-five thirty (4530) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is (hereinafter referred to as a “Justifiable Objection”). In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board Project Coordination Team shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which it is willing to grant Access Rights for the implementation of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there No such standard contribution shall be no obligation to grant, and no right to be granted, Access Rights to made in respect of which any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing termsJustifiable Objection remains unresolved. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment to this PCA, no Party shall have any obligation pursuant to this PCA to make any contribution for incorporation of its own Result, in any European or other standard. No Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Result, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result, Background, or Sensitive Confidential Information or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may shall contribute to a European or other standard, a copy of any each proposed contribution of Results to a meeting of such approved standard’s organisation, (a standard setting body“Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s contribution and to the Executive Board, within a period of forty-five thirty (4530) days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: (i) that the objecting Party considers that the protection of the objecting Party’s Result would be adversely affected by the proposed contribution; (ii) that the proposed contribution includes the Results, Background, or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Period. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Period, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights . No such standard contribution shall be made in respect of which any Justifiable Objection remains unresolved. [START END OF OPTION 1OPTION] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies in Attachment 1A references to its Background to which means it is willing prepared to grant Access Rights for the implementation of the Action or Exploitation of any ResultResults. In addition, each Party may, during the term of the Action, add into to Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there There shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed as included in Attachment 1A to this PCA (“Unlisted Background“), unless introduced into the Action as in the definition of “Background” under ii. Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background unless introduced into the Action as in the definition of “Background” under ii, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, notwithstanding the first sentence of this sub-paragraph, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2Background, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A. d) Notwithstanding Section 9.1.2 of this PCA, if Unlisted Background is or at any time becomes essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Unlisted Background via the standard shall be the prevailing terms.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description I of the action) of the GA, or as otherwise stated in an Attachment to this PCA, CA no Party shall have any obligation pursuant to this PCA CA to make any contribution for incorporation of its own Result, Foreground in any European or other standard. No For the avoidance of doubt, no Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Foreground, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result's Foreground, Background, or Sensitive Information Background or other information, document or material. Any such contribution without such other Party’s 's written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may contribute to a European or other standard, a concerned in accordance with DoW. A copy of any each proposed contribution of Results Foreground to a meeting of a standard setting bodystandards organization included in the schedule distributed by the Scientific Coordination Team, (hereinafter referred to as a “Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s standards contribution and to the Executive Board, within a period of forty-five (45) 30 days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: : (i) that the objecting Party considers that the protection of the objecting Party’s Result 's Foreground would be adversely affected by the proposed contribution; ; (ii) that the proposed contribution includes the ResultsForeground, Background, Background or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Periodabove period of 30 days. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Periodabove period of 30 days, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies No such standards contribution shall be made in Attachment 1A references to its Background to respect of which it is willing to grant Access Rights any Justifiable Objection remains unresolved. For all other proposed contributions of Foreground for the implementation purpose of the Action or Exploitation of any Result. In addition, each Party may, during the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it incorporation in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2standard, the following shall apply: (a) In deviation to Section 9.1.2 above procedure of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product Section 4.4.2 shall be the prevailing termsapply accordingly. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.

Contributions to Standards. Except as explicitly provided in Annex 1 (Description of the action) of the GA, or as otherwise stated in an Attachment 8 to this PCAAPCA, no Party shall have any obligation pursuant to this PCA APCA to make any contribution for incorporation of its own Result, Foreground in any European or other standard. No For the avoidance of doubt, no Party shall have the right to contribute to a standard or allow the contribution to a standard of any Resultsdata which constitutes Foreground, Background or Sensitive Confidential Information of another Party, even where such Results, Background or Sensitive Information data is amalgamated with such first Party’s Result's Foreground, Background, or Sensitive Information Background or other information, document or material. Any such contribution without such other Party’s written agreement justifies, in addition to any other available remedies, objection to the contribution by the Party concerned. Subject to a decision by the General Assembly that the Consortium may contribute to a European or other standard, a A copy of any each proposed contribution of Results Foreground to a meeting of a standard setting bodystandards organisation included in the schedule distributed by the Board in accordance with section 3.3.1.3 (k), (hereinafter referred to as a “Scheduled Meeting”), for the purpose of incorporation in a standard, shall be distributed in detail and in writing to the Parties, by the Party/ies Party proposing to submit the contribution, no later than 60 [X] days prior to the date of the meeting (“Review Period”). Any Party may submit a written objection objection, to such contribution to the Party/ies Party proposing the standard’s standards contribution and to the Executive Board, within a period of forty-five (45) [Y] days, (hereinafter referred to as the “Objection Period”) after receipt of a copy of the proposed contribution on either or both of the following grounds: : (i) that the objecting Party considers that the protection of the objecting Party’s Result 's Foreground would be adversely affected by the proposed contribution; ; (ii) that the proposed contribution includes the ResultsForeground, Background, Background or Sensitive Confidential Information of the objecting Party. The proposed contribution shall not be made until the expiry of the Objection Periodabove period of Y days. Any objection accompanied by evidence indicating, prime facie, that the objection is justifiable, is hereinafter referred to as a “Justifiable Objection”. In the absence of any Justifiable Objection on either or both of the above grounds within the above-above mentioned period, it is deemed that the Parties agree to the proposed contribution. Following the end of the above-above mentioned period, the Executive Board shall inform the Parties whether or not any objection has been received and whether such objection(s) is/are Justifiable Objections. ARTEMIS PCA Template - Page 33 In the event that a Justifiable Objection is raised on either or both of the above defined grounds within the Objection Periodabove period of [Y] days, the Party proposing the contribution to a standard publication and the Party objecting shall seek in good faith to agree a solution on a timely basis whereby the Justifiable Objection is resolved. Section 9: Access Rights [START OF OPTION 1] 9.1. Background included: “Positive List” 9.1.1 Each Party identifies No such standards contribution shall be made in Attachment 1A references to its Background to respect of which it is willing to grant Access Rights any Justifiable Objection remains unresolved. For all other proposed contributions of Foreground for the implementation purpose of incorporation in a standard, the Action or Exploitation above procedure of any Result. In additionthis Section 4.4.2 shall apply accordingly, each Party may, during except that the term of the Action, add into Attachment “1A” a reference to any of its Background not yet so listed. 9.1.2 Notwithstanding anything to the contrary in this PCA, there Review Period shall be no obligation to grant, [W] days and no right to be granted, Access Rights to any Background that is not listed in Attachment 1A to this PCA (“Unlisted Background“). Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background Objection Period shall be deemed included in Attachment 1A. 9.1.3 Regarding such Unlisted Background referred to in the last sentence of Section 9.1.2, the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if such Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms[Z] days. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to such Unlisted Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for such Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1A.