SATISFYING THE PURCHASER ' S OWN REQUIREMENTS AND NEEDS WORKED OUT AND PRODUCTION PROGRAMMED IN THE LIGHT OF AVAILABLE CAPACITY . ALL THIS MUST BE DONE THROUGH , AND WITH , THE SAME TEAM OF TECHNICIANS THAT ALSO PROVIDES THE AFTER-SALES SERVICE WHICH IS ONE OF THE MOST IMPORTANT FEATURES OF MARKETING IN THIS INDUSTRY .
THE EXCHANGE OF SCIENTIFIC AND TECHNICAL KNOW-HOW BETWEEN THE PARTIES IS ALSO A NECESSARY EXTENSION OF THEIR BUSINESS COORDINATION , SINCE DE LAVAL-STORK MUST BE ABLE TO WORK AS EFFICIENTLY AS POSSIBLE AND TO BE ASSURED OF THE NECESSARY TECHNOLOGY IN GOOD TIME FOR THE SATISFACTORY CONSTRUCTION OF AN INSTALLATION .
IT IS ALSO INDISPENSABLE FOR THE TWO PARENTS TO TRANSFER THEIR PUMP OPERATIONS TO THE JOINT VENTURE , WHERE THESE ADVANTAGES DO NOT NECESSARILY APPLY , AS WELL AS THEIR TURBINE AND COMPRESSOR BUSINESS , SINCE ALL THESE PRODUCTS ARE USUALLY SUPPLIED TOGETHER AS A COMPOSITE WHOLE AND THIS IS INDISPENSABLE TO EFFICIENT OPERATION .
14 . HOWEVER , THE JVA AS NOTIFIED DOES IMPOSE CERTAIN RESTRICTIONS WHICH ARE NOT INDISPENSABLE FOR THE ATTAINMENT OF THE OBJECTIVES SET OUT IN ARTICLE 85 ( 3 ).
( A ) THE EXCLUSIVITY WHICH EACH PARENT GRANTED DE LAVAL-STORK THROUGH THE PATENT AND KNOW-HOW LICENSING AGREEMENTS HAS ALREADY BEEN MODIFIED BY THE PARTIES , WHICH NOW HAVE THE RIGHT TO SUPPLY THE RELEVANT MARKET DIRECT IF EITHER THE CUSTOMER ' S PLACE OF BUSINESS OR THE PLACE WHERE THE MACHINES ARE TO BE INSTALLED IS NOT IN THE LICENCE TERRITORY . IN ADDITION , IN CERTAIN OTHER CIRCUMSTANCES SPECIFIED IN THE JVA , THE PARTIES HAVE THE RIGHT , DESPITE THIS EXCLUSIVITY , TO MAKE SUPPLIES DIRECT , AND NOT THROUGH THE JOINT SUBSIDIARY , AND TO GRANT LICENCES TO THIRD PARTIES . THESE CONCESSIONS ARE NOT , HOWEVER , SUFFICIENT . THE FUNDAMENTAL QUALITY OF TOTAL EXCLUSIVITY CONFERRED BY THESE LICENCES WILL NO LONGER BE INDISPENSABLE AFTER THE FIRST PHASE OF THE JOINT VENTURE IS COMPLETED . DURING THIS PERIOD IT WILL BE NECESSARY TO CONCENTRATE AS MUCH BUSINESS AS POSSIBLE ON THE JOINT VENTURE . BUT THEREAFTER USERS MUST RETAIN THE LEGAL AND ECONOMIC FREEDOM TO APPROACH THE PARTIES DIRECT WHERE , FOR WHATEVER REASON , THE JOINT VENTURE CANNOT SATISFY THEIR REQUIREMENTS . IN THESE CASES THE PARTIES MUST RETAIN THE FREEDOM TO DEAL WITH AND SUPPLY THE CONSUMER DIRECT , OR TO ISSUE NON-EXCLUSIVE LICENCES TO THIRD PARTIES LIKEWISE TO DO BUSINESS WITH CONSUMERS .
TO THE EXTENT THAT THE EXCLUSIVE RIGHTS CONFERRED BY THE PARTIES ON THEIR JOINT SUBSIDIARY , DESPITE THE MODIFICATIONS ALREADY MADE , PREVENT SUCH DEALINGS , THE EXCLUSIVITY CANNOT BE REGARDED AS INDISPENSABLE TO THE PROPER OPERATION OF THE JOINT VENTURE AND TO THE ATTAINMENT OF THE RESULTING BENEFITS .
( B ) THE INDUSTRIAL INDEPENDENCE OF THE PARTIES IS RESTRICTED IN THE EVENT OF THE TERMINATION OF THE JOINT VENTURE . THE PARTIES HAVE AGREED THAT UPON THE DISSOLUTION OF THE JOINT VENTURE THEY WILL TAKE