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Contract No __________
The [European Community] [European Atomic Energy 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/authorised representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],
(hereinafter "the principal contractor"),
of the other part,
(collectively ² the contracting parties² )
HAVE AGREED to a project called "[name of project]" consisting in a "concerted action" to be carried out in the framework of the specific research and technological development programme/ specific research and training programme "[name of specific RTD/RTDT programme]" (the "specific programme") according to the following provisions.
Article 1 - Scope The principal contractor 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. [Annex I to this contract may be revised following each milestone specified in that Annex]
Subject to cases of force majeure, the principal contractor shall use reasonable endeavours to achieve the results aimed at by the project.
Without prejudice to the first paragraph, the principal contractor may 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. Members shall use reasonable endeavours to carry out the part of the work 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, 21 and 22 of AnnexII to this contract and in the membership agreements.
Article 2 - Duration 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), points (a), (e) and (f), Article3(4) and (5), Article7, Articles 10 to 16, and Articles 20 and 21 of Annex II to this contract
shall continue to apply after that date subject any limitations specified in those Articles.
1. The total estimated eligible costs of the project are EUR[insert amount] ([insert amount in words] euro). 2. The Community shall fund the eligible costs of the project in accordance with the table of the indicative breakdown of the estimated eligible costs which follows the signatures affixed to this contract up to a maximum of EUR[insert amount] ([insert amount in words] euro).
Where the eligible costs of the project are lower than the total estimated eligible costs for the project, the Community’s financial contribution shall be limited to the amount which results from the application of the percentages of the financial participation as laid down in the indicative breakdown of estimated eligible costs which follows the signature to this contract.
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 bank account:
[Principal contractor's bank details]
The initial advance for the project is fixed at EUR[insert amount] ([insert amount in words] euro).
The total amount of the initial advance and the periodic payments shall not exceed the maximum amount of the financial contribution referred to in paragraph 2 of this Article, less a guarantee retention. The guarantee retention shall be 15% of the maximum amount of that contribution.
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, 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 and the corresponding cost statement, including the integrated cost statement, shall cover the period ending on that date.
However, and without prejudice to the first or second subparagraphs 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 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.
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.
[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 its Annex III.]
[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 received by 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 of][Annex III to][Article 6 of 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 principal contractor]:
Name: (written out in full)
Title:
Signature:
(stamp of the organisation)
On behalf of the Commission:
Name: (written out in full)
Title:
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