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Contract Nr __________
The European Community ("the Community"), represented by the Commission of the European Communities ("the Commission"), itself represented in view of 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 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],
("The contractor"),]
of the other part,
(Collectively ² the contracting parties 1)
HAVE AGREED to provide transnational access for researchers to the Major Research Infrastructure entitled "..."("the infrastructure") to be carried out in the framework of the specific research and technological development programme/specific research and training programme "name of specific RTD programme" (the "specific programme") according to the following provisions:
____________________________________________________
1. The items in italics are used in accordance with the definition given in Article 1 of Annex II to this contract.
Article 1 - Scope 1. The contractor shall be responsible to carry out the work set out in Annex I of this contract (the "project") in accordance with the conditions set out in this contract.
2. Subject to cases of force majeure, the contractor shall use reasonable endeavours to achieve the results intended for the project. Measures to be taken in the event of force majeure shall be agreed between the contracting parties.
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 due of the Community’s financial contribution. However,
- Articles 5,6 and 8 of this contract,
- Article 4, Article 5 (4) and (5), Article 8, Articles 10 to 17, Articles 18 and 21 of Annex II to this contract,
shall continue to apply after that date to the extent of any limitations specified in those Articles.
1. T he 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 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 Article5 of AnnexII to this contract to the contractor’s following bank account:
[Contractor’s bank details]
The initial advance for the project is fixed at EUR [insert amount] ([insert amount in words]).
The total amount of the initial advance and the periodic payments shall not exceed the maximum amount of the Community's 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 contractor in accordance with Article6 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 reports, 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 each integrated cost statement, shall cover the period ending on such date.
The database report shall cover the duration of the project.
The other project deliverables shall cover the periods set out in Annex I to this contract.
Upon the Commission’s request, a contract review report shall be submitted as a basis for the technical verification of the project as specified in Article 22 of Part D of Annex II to this contract and shall cover the period indicated by the Commission.
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 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 modified only in writing, by way of an amendment 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.
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:
Table - Indicative Breakdown of estimated eligible costs
COST CATEGORY |
EURO |
Travel and Subsistence
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.....
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User Fees
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.....
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Total |
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COST CATEGORY |
EURO |
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1. Travel and Subsistence
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..................
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2. Personnel Costs
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..................
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3. Subcontracting
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..................
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4. Consumables (including utilities)
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..................
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5. Computing
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..................
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6. Other Specific Costs
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..................
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7. Overheads
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..................
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Total:
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ANNEX I - DESCRIPTION OF WORK
A. Work Deliverables
Under this contract, access for user groups will be provided to the infrastructure entitled [...name of the infrastructure...] situated at [...town and country…], owned by [...full name of legal entity...] and operated by [...full name of legal entity...]("the contractor").
Within the infrastructure, access will be made available to the following installation(s):
[.... Name(s) of the installation(s)....]
[.... Minimum quantity…] of access offered.
This access will be provided free of all charge to the user groups given access to the infrastructure under this contract and will include all infrastructural, logistical, technical and scientific support (including training courses) that is normally provided to external users of the infrastructure.
It is estimated that [number of users][number of user groups] will benefit under this contract.
B. Dissemination of information to research teams
The contractor will publicise widely the access offered under this contract so that researchers throughout the Member States of the Community and the Associates states who might wish to have access to the infrastructure may be made aware of the possibilities open to them. In particular, a [...-monthly…] call for proposals will be [published in the following scientific journal(s):...........................................................................................]
[Advertised on a dedicated web page on Internet].
C. Selection of User groups
Following each call for proposals or other publication of the access offered under this contract (and more frequently, if necessary), the user group selection panel will meet to recommend a short-list of user groups that should benefit under the contract. The panel will typically be composed of [...number...] international experts, of whom at least […2 or more…] will be independent and external to the infrastructure.
Selection will be on the basis of scientific merit taking into account the interests of the Community.
Priority will be given to research teams who have not previously used the infrastructure and who are working in regions of the Community where few such research infrastructures exist. Research teams conducting their research in the country where the contractor is located are not eligible to benefit under the contract.
Selection will also take into account that the contract is intended to finance primarily short visits to the infrastructure. For visits exceeding 3 months, the contractor will seek prior written approval of the Commission.
D. Round-Tables and User Meetings
The project manager of the contractor will nominate representatives to attend meetings organised by the Commission to bring together the operators of major infrastructures of the same type with representatives of their users. These so-called Round-Table meetings are expected to take place at least once a year to discuss annual activity reports and other subjects of common interest.
Meetings of the users benefiting under this contract will also be organised [...frequency...] by the contractor as a way of encouraging further scientific collaboration.
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