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ordered in accordance with article 18 of this Annex. Disputes as to whether
offers made by the contractor are within the range of fair and reasonable
commercial terms and conditions may be submitted by either party to binding
commercial arbitration in accordance with the UNCITRAL Arbitration Rules
or such other arbitration rules as may be prescribed in the rules, regulations
and procedures of the Authority. If the finding is that the offer made by the
contractor is not within the range of fair and reasonable commercial terms and
conditions, the contractor shall be given 45 days to revise his offer to bring
it within that range before the Authority takes any action in accordance with
article 18 of this Annex.
5. If the Enterprise is unable to obtain on fair and reasonable
commercial terms and conditions appropriate technology to enable it to
commence in a timely manner the recovery and processing of minerals from
the Area, either the Council or the Assembly may convene a group of States
Parties composed of those which are engaged in activities in the Area, those
which have sponsored entities which are engaged in activities in the Area and
other States Parties having access to such technology. This group shall
consult together and shall take effective measures to ensure that such
technology is made available to the Enterprise on fair and reasonable
commercial terms and conditions. Each such State Party shall take all
feasible measures to this end within its own legal system.
6. In the case of joint ventures with the Enterprise, transfer of
technology will be in accordance with the terms of the joint venture
agreement.
7. The undertakings required by paragraph 3 shall be included in each
contract for the carrying out of activities in the Area until 10 years after the
commencement of commercial production by the Enterprise, and may be
invoked during that period.
8. For the purposes of this article, "technology" means the specialized
equipment and technical know-how, including manuals, designs, operating
instructions, training and technical advice and assistance, necessary to
assemble, maintain and operate a viable system and the legal right to use these
items for that purpose on a non-exclusive basis.
Article 6
Approval of plans of work
1. Six months after the entry into force of this Convention, and
thereafter each fourth month, the Authority shall take up for consideration
proposed plans of work.
2. When considering an application for approval of a plan of work in
the form of a contract, the Authority shall first ascertain whether:
(a) the applicant has complied with the procedures established for
applications in accordance with article 4 of this Annex and has
given the Authority the undertakings and assurances required
by that article. In cases of non-compliance with these
procedures or in the absence of any of these undertakings and
assurances, the applicant shall be given 45 days to remedy these
defects;
(b) the applicant possesses the requisite qualifications provided for
in article 4 of this Annex.
3. All proposed plans of work shall be taken up in the order in which
they are received. The proposed plans of work shall comply with and be
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