|
Contract No ____________
The European Community ("the Community"), represented by the Commission of the European Communities ("the Commission"), itself represented for the signature of this contract by [Mr (name)][Ms (name)], Director-General for [name of the DG] or [his] [her] duly authorised representative,
of the one part
and
- [name of principal contractor] ([acronym]), established in [name of State and full address], represented by its legal/statutory/authorized representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],
(² the principal contractor² )
of the other part,
(collectively ² the contracting parties² )
HAVE AGREED to a project called "[name of project]" to be carried out in the framework of the specific research, technological development and demonstration programme "[name of specific RTD programme]" (the "specific programme") according to the following provisions.
1. The principal contractor 1 shall carry out the work set out in Annex I to this contract [up to the milestone specified in Annex I] [up to [specify the milestone]] ("the project") in accordance with the conditions set out in this contract.
Subject to cases of force majeure, the principal contractor shall use reasonable endeavours to achieve the results aimed at by the project.
2. Without prejudice to the first paragraph, the principal contractor shall entrust the performance of part of the work set out in AnnexI to this contract to members in accordance with the conditions of Article5 of AnnexII to this contract. Members shall use reasonable endeavours to carry out the part of the project that is specifically assigned to them.
The principal contractor shall be technically and financially responsible for his members in accordance with the terms and conditions set out in Articles5, 17 and 18 of AnnexII to this contract and in the membership agreements.
______________________________________________
1. The terms in italics are used in accordance with the definition given in Article 1 of Annex II to this contract.
1. The duration of the project shall be [insert number] months from [the first day of the month after the last signature of the contracting parties] [insert date].
2. This contract shall enter into force following its signature by all the contracting parties.
This contract shall be completed on the date of the final payment of the Community’s financial contribution. However,
- Articles 5, 6 and 8 of this contract,
- Article 2(1) subparagraph (1) points (a) (e), (f) and (g), Article3(4) and (5), Article6, Articles 9 to 12, and Articles 16, and 17 of Annex II to this contract
shall continue to apply after that date to the extent of any limitations specified in those articles.
Article 3 - Estimated costs and maximum financial contribution of the Community
1. The total estimated eligible costs of the project are [insert amount] EUR ([insert amount in words] euro).
2. The Community shall fund the eligible costs of the project in accordance with the table setting out the maximum rate of the Community contribution to the eligible costs by category of costs2 which follows the signatures affixed to this contract up to a maximum of EUR[insert amount] ([insert amount in words] euro).
3. The Community's financial contribution to the project shall be paid as specified in Article3 of AnnexII to this contract to the principal contractor's following bank account:
[principal contractor's bank details]
The initial advance for the project is fixed at [insert amount] EUR ([insert amount in words] euro).
The total amount of the initial advance and any periodic payments shall not exceed the maximum amount of the financial contribution referred to in paragraph (2) of this article, less a guarantee retention of 15% of the maximum amount of that contribution.
__________________________________________
2. In accordance with Annex III to the Council Decision of 25 January 1999 adopting a specific programme for research, technological development and demonstration on a user-friendly information society(1998-2002).
Article 4 – Project deliverables to be submitted to the Commission
1. [[insert number] copies of the reports and [insert number] copies of the cost statements][[insert number] copies of the reports and of the cost statements] required under this contract shall be submitted by the principal contractor in accordance with Article4 of AnnexII to this contract. The reports shall be in [insert language].
Annex I shall determine the number of copies and the language of drafting of the other project deliverables.
2. The periodic and final report(s) and the corresponding cost statements, including each integrated cost statement, shall cover [successive periods of [insert number] months from the project commencement date] [a first period ending on [insert date], and thereafter successive periods of [insert number] months].
Where the work is completed before the end of the duration of the project, the final report(s) and the corresponding cost statements, including the integrated cost statement, shall cover the period ending on that date.
However, and without prejudice to subparagraphs 1 or 2 of this paragraph, the last cost statement of the principal contractor and the integrated cost statement shall also cover the period necessary for the drafting of the final report(s) within the maximum time limit of two months as of the end of the duration of the project.
The other project deliverables shall cover the periods set out in Annex I to this contract.
Article 5 - Applicable law and jurisdiction
1. The law of [law of competent authorising officer] shall govern this contract.
2. The Court of First Instance of the European Communities and, in the case of an appeal, the Court of Justice of the European Communities shall have sole jurisdiction to hear any disputes between the Community, on the one hand, and the principal contractor, on the other hand, as regards the validity, the application or any interpretation of this contract.
Article 6 - Special conditions
[ No special condition applies to this contract.]
[ The following special conditions apply to this contract :]
[The special conditions applying to this contract are set out in Annex III thereto.]
[In addition to the special conditions set out in Annex III, the following special conditions shall apply to this contract :]
This contract, including the annexes thereto, may be amended only by written agreement between the authorised representatives of the contracting parties. No verbal agreement may be binding on the contracting parties for this purpose.
Any request for amendment must be sent to the Commission at least two months before the expiry of the duration of the project.
Article 8 - Final provisions
1. The following annexes are an integral part of this contract:
Annex I - Description of work
Annex II - General conditions
[Annex III - Special conditions]
2. In the event of any conflict between Annex I and any other provision of this contract, the latter shall take precedence.
[3. The special conditions set out in [Article6][Annex III][Article 6 and Annex III] to this contract shall take precedence over any other provisions].
Article 9 - Signature and language of the contract
[number (minimum two)] copies of the contract in [insert language] shall be signed by the contracting parties and only that language version shall be authentic.
Done at Brussels/Luxembourg,
On behalf of [name and acronym of the contractor]:
Name: (written out in full)
Title:
Signature:
(stamp of the organisation)
On behalf of the Commission:
Name: (written out in full)
Title:
Signature:
Date:
|
