Yep.. you've missed something... maybe I'm on your "ignore" list because I've explained the origin in a number of previous posts. Doubt you'll find it on the internet... not sure.. you can check if like.
BUT see my previous posts to see what's the origin is if interested.
Not stating as fact that these provisions are incorporated JOA between FAR/COP/CNE ..in the exact form... but highly (hopefully) likely. If not.... hmmmm... worries.
But I'll say this..(trusting you've checked on origin of provisions)..history has shown that a deviation from provisions of this nature and origin proved to be "unwise" and "costly" because it is what it is after having been "sculpted" over a long period of time and having been tried and tested in courts...so much so that the wording of the provisions, in this sort of agreement, ought to be adopted as close possible to it form.
Case in point?... the very essence of the "difference" between FAR and COP will now sway (Hopefully) on the interpretation of these provisions....and there will be precedent on the interpretations of these provision.
Not sure if this helps
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