Article 12b 17.

set out in detail the ownership and governance structure of the AI gigafactory;

include provisions ensuring the effective and proportionate scrutiny and control of the AI gigafactory by the Union for safeguarding the Union’s strategic assets, interests, autonomy or security;

specify the financial contributions of the Union, of the Participating States and the public or private partners of the AI gigafactory Consortium, including the guaranteed access time to the AI gigafactory referred to in paragraph 13, as appropriate, and its duration;

specify, if appropriate, any other Union interests resulting from any Union investments regulated by specific investment agreements between the AI gigafactory Consortium and InvestEU;

set out the eligibility conditions for the non-Union users of the AI gigafactory, which are to comply with the same conditions as the eligibility conditions specified in paragraph 3;

set out the detailed conditions for access for the Union users of the AI gigafactory and the accounting arrangements for the access times to the AI gigafactory services;

set out the quality of service offered to the Joint Undertaking users when operating the AI gigafactory, as described in the service level agreement included in the AI gigafactory Hosting Agreement;

set out the arrangements for the acquisition, operation and use of the AI gigafactory data and computing infrastructure, including the user requirements from the public sector, where appropriate, and, where the AI gigafactory Consortium includes one or more technology infrastructure suppliers, include the provision of enhanced conflict-of-interest safeguards concerning those suppliers;

list the conditions for the transfer of ownership referred to in paragraph 12, where appropriate;

detail the extension of ownership or of the pre-agreed guaranteed purchased access time and the phasing-out conditions for the AI gigafactory, where appropriate;

list the liability conditions for operating the AI gigafactory, where appropriate;

specify the obligation of the AI gigafactory hosting entity to submit by 31 January of each year to the Governing Board an audit report and data on the use of the Union access time in the previous financial year;

contain an arbitration clause, within the meaning of Article 272 TFEU, granting jurisdiction over all matters covered by the Hosting Agreement to the Court of Justice of the European Union.