Cost reimbursement for Transnational Access to major Research Infrastructures (pluricontractual)

Article 1 - Scope
Article 2 - Duration
Article 3 - Estimated costs and maximum financial contribution of the Community
Article 4 - Project deliverables
Article 5 - Applicable law and jurisdiction
Article 6 - Special conditions
Article 7 - Amendments
Article 8 - Final provisions
Article 9 - Signature and language of the contract

Table - Indicative Breakdown of estimated eligible costs
1. Unit Cost Basis
2. Actual Cost Basis

ANNEX I - DESCRIPTION OF WORK

A. Work Deliverables
B. Dissemination of information to research teams
C. Selection of User groups
D. Round-Tables and User Meetings

ANNEXII - GENERAL CONDITIONS

Part A: Implementation of the project
Article1 - Definitions
Article2 - Management of the project
Article 3. - The User group Selection Panel
Article 4. - Eligibility of Research Teams
Article5 - The Community's financial contribution
Article6 - Submission of project deliverables
Article7 - Subcontracts
Article8 - Liability
Article9 - Termination of the contract

PartB: Rules relating to intellectual and industrial property, publicity and confidentiality
Article10 - Ownership of knowledge
Article11 - Protection of knowledge
Article12 - Making pre-existing know-how available
Article13 - Dissemination of Knowledge resulting from the project
Article14 - Publicity and communications concerning the project and knowledge
Article 15 - Confidentiality
Article 16 - Communication of data for evaluation and standardisation purposes

Article 17 - Incompatible or restrictive commitments

[Part C: Reimbursement of costs / UNIT Cost Basis
Article18 - Eligible costs - general principles
Article19 - Travel and Subsistence
Article20 - Users Fees]

[Part C: Reimbursement of costs /ACTUAL Cost Basis
Article18 - Eligible costs - general principles
Article19 - Travel and Subsistence
Article20 - Additional Costs of Providing Access to the Infrastructure]

Part D: Auditing
Article 21 - Financial audit
Article 22 - Technical verification of the project

Part E-1: Cost Statement / UNIT cost basis
Part E-2: Integrated cost statement in Euro

Part E-1: Cost statement / ACTUAL cost basis
Cost statement: Details by Category
Part E-2: Integrated cost statement in Euro

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 of [name of the DG] or [his] [her] duly authorised representative,

of the one part,

and

- [Name of contractor] ([acronym]), ("the coordinator") established in [name of State and full address], represented by his legal/statutory/authorised representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],

- [Name of contractor] ([acronym]), established in [name of State and full address], represented by his legal/statutory/authorised representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],

- [Name of contractor] ([acronym]), established in [name of State and full address], represented by his legal/statutory/authorised representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],

- [Name of contractor] ([acronym]), established in [name of State and full address], represented by his legal/statutory/authorised representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],

(collectively ²the contractors")

of the other part,

(collectively ²the contracting parties¹²)

HAVE AGREED to provide transnational access for researchers to the major research infrastructure entitled "..."("the infrastructure") 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.

1. The contractors shall be responsible for carrying out the work set out in Annex I to this contract (the "project") in accordance with the conditions set out in this contract.

2. Subject to cases of force majeure, the contractors 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.

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 hissignature 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 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.

Article 3 - Estimated costs and maximum financial contribution of the Community

1. The total estimated eligible costs of the project are EUR [insert amount] ([insert amount in words] euros).

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] euros).

3. The Community's financial contribution to the project shall be paid as specified in Article5 of AnnexII to this contract to the coordinator's following bank account:

[Coordinator's bank details]

The initial advance for the project is fixed at EUR [insert amount] ([insert amount in words]). It shall be distributed among the contractors in accordance with the table of the indicative breakdown of the estimated eligible costs.

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.

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 coordinator 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, together with the summary statement of amounts transferred to the contractors by the coordinator 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.

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 contractors, 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 its Annex III.]

[In addition to the special conditions set out in Annex III, the following special conditions shall apply to this contract]

Article 7 - Amendments

This contract, including the Annexes thereto, may be modified only in writing, by way of an amendment agreed 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][Annex III][Article 6 and Annex III] to this contract shall take precedence over any other provisions].

[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 coordinator/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

1. Unit Cost Basis

2. Actual Cost Basis

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...].

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 contractors will publicise widely the access offered under this contract so that researchers throughout the Member States of the Community and the Associated 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 Internet web page].

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 infrastructure 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 contractors will seek the prior written approval of the Commission.

D. Round-Tables and User Meetings

The coordinator of the contractors 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 contractors as a way of encouraging further scientific collaboration.