3.
(ė)
The estimate for programme item a excludes any estimate for the cost of transportation of the Mobile Radar Equipment both from the UK to Hong Kong and within Hong Kong which will be charged for separately or paid for directly by the Hong Kong Governement.
(f)
Air fares are based on 25% of the MOD charter, rate. The consul- tancy work will be performed by a team of ASWE senior scientists working - both in Hong Kong and the United Kingdom.
เ
ASWE cannot guarantee the continued availability of advisory service and can accept no liability howsoever arising as a result of any failure on their part to provide such continuity of service. The ASWE undertakes, however, to provide you with the maximum possible notice, normally not less than 3 months, should it be necessary for any reason to withdraw the service. The ASWE will also require you to provide 3 months notice of termination should you decide that the service is no longer required. In the event of termination of the service by either Government, the Hong Kong Government will be liable for the costs of the advisory service provided up to and including the date of termination of the service which is the subject of this letter.
4. The Hong Kong Government will provide and bear the cost of all necessary facilities to enable the ASWE staff involved to carry out their advisory work. Facilities to include office accommodation and any necessary transport facilities within Hong Kong.
5. In accordance with normal practice ASWE will provide invoices through the Civil Secretary British Forces Hong Kong on a quarterly basis in advance of the work being done. Adjustments in respect of any variation between the advance and actual costs incurred during any quarter will be reflected in the following quarter's invoice. An initial invoice will be raised on receipt by ASWE of the Hong Kong Government's acceptance of the conditions and arrangements claimed in this letter.
6. The Hong Kong Government will indemnify and hold harmless the United Kingdom Government, its servants or agents against any claims, costs or expenses suffered by the United Kingdom Governement its servants or agents in respect of the use of third party Intellectual Property Rights which may arise out of or be consequent upon the provision of the advisory service under the arrangements in this letter.
7. Subject to the rights of third parties, and to any rights of the Hong Kong Government arising otherwise than by virtue of these arrangements:-
a.
All rights in the results of work undertaken by or on behalf of ASWE for the purpose of these arrangements, including any data, reports, drawings, specifications, designs, inventions or other material produced or acquired in the course of such work, and any copy-right therein, will vest in and be the property of the UK Government, who reserve the right to determine whether any patent will be applied for or the results of the work published and, if so, on what conditions; and the Hong Kong Government will ensure, where necessary, that it secures the right to effect such vestings. The Hong Kong Government if requested, and at the expense of the UK Government, will do all things necessary to enable the UK Government to obtain patent or similar protection as the UK Government may require.
b.
The Hong Kong Government will have a royalty free non-exclusive licence to use, or have used, for any Hong Kong Government purpose whatsoever all the results of work which is undertaken by or on behalf of ASWE for the purpose of these arrangements and for which, in consequence of these arrange- ments, the rights vested in the UK Government.