Cost reimbursement for research and technological development projects (EC) Flat-rate version

Article 1 - Scope
Article 2 - Duration
Article 3 - The Community's financial contribution
Article 4 – Project deliverables and summary statements of amounts transferred by the coordinator to be submitted to the Commission
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

ANNEX I : Table - Advance

ANNEXII - GENERAL CONDITIONS

Part A: Implementation of the project
Article1 - Definitions
Article2 - Management of the project and role of the coordinator
Article3 - The Community's financial contribution
Article4 - Submission of project deliverables and of summary statements of amounts transferred by the coordinator
Article5 - Subcontracts
Article6 - Liability
Article7 - Termination of the contract and of the participation of a contractor

PartB: Rules relating to intellectual and industrial property, publicity and confidentiality
Article8 - Ownership of knowledge
Article9 - Protection of knowledge
Article10 - Use of knowledge
Article11 - General principles relating to access rights
Article12 - Access rights for the carrying-out of the project
Article13 Access rights for use

Article14 - Conditions governing exclusive access rights for exploitation
Article15 - Refusal to grant access rights for exploitation
Article16 - Technological implementation plan
Article17 - Content of the technological implementation plan
Article18 - Publicity and communications concerning the project and knowledge
Article 19 - Confidentiality
Article20 - Communication of data for evaluation and standardisation purposes
Article21 - Incompatible or restrictive commitments

Part C: Auditing
Article22 - Technical verification of the project
Article23 - Technological audit

Part D-1: Model request for payment
Part D-2: Model summary statement of amounts transferred by the coordinator

CONTRACT No __________

The European Community ("the Community"), represented by the Commission of the EuropeanCommunities ("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]) ("the coordinator"), established in [nameof State and full address], represented by its legal/statutory/authorized representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],

- [name of principal contractor] ([acronym]), established in [name of State and fulladdress], represented by its legal/statutory/authorized representative[s], [Mr/Ms [insertname], [function], [Mr/Ms [insert name], [function],

- [name of principal contractor] ([acronym]), established in [name of State and fulladdress], represented by its legal/statutory/authorized representative[s], [Mr/Ms [insertname], [function], [Mr/Ms [insert name], [function],

- [name of principal contractor] ([acronym]), established in [name of State and fulladdress], represented by its legal/statutory/authorized representative[s], [Mr/Ms [insertname], [function], [Mr/Ms [insert name], [function],

(collectively "the principal contractors"),

[and

- [name of assistant contractor] ([acronym]), established in [name of State and fulladdress], represented by its legal/statutory/authorized representative[s], [Mr/Ms [insertname], [function], [Mr/Ms [insert name], [function],

- [name of assistant contractor] ([acronym]), established in [name of State and fulladdress], represented by its legal/statutory/authorized representative[s], [Mr/Ms [insert name], [function], [Mr/Ms [insert name], [function],

(collectively "the assistant contractors"),]

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 and technological development programme "[name of specific RTDprogramme]" (the "specific programme") according to the following provisions.

Article 1 - Scope

The contractors shall carry out the work set out in Annex I to this contract. The project is divided up into the milestones specified in Annex I.

Subject to cases of force majeure, the principal contractors shall do their utmost to achieve the results set for each milestone, and shall submit the project deliverables. They shall carry out the project jointly and severally vis-à-vis the Community. The assistant contractors shall do their utmost to carry out the part of the project specifically assigned to them and submit the related project deliverables.

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), first subparagraph, points (a), (d), (e) and (f), Article2(2) (c), (d), (g) and (i), Article3(3), Article4(5), Article6, Articles 9 to 21 and Article 23 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 - The Community's financial contribution

The Community shall fund the project up to an amount of EUR [insert amount (not exceeding EUR 100 000)] ([insert amount in words] Euro).

The Community's financial contribution to the project shall be paid as specified in Article3 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] euro). It shall be distributed among the contractors in accordance with the indications laid down in the table of the advance.

Article 4 – Project deliverables and summary statements of amounts transferred by the coordinator to be submitted to the Commission

1. [insert number] copies of the reports and [insert number] copies of the requests for payment shall be submitted by the coordinator 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 reports 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].The requests for payment and the summary statement of amounts transferred to the contractors by the coordinator shall cover the duration of the project.

Where the work is completed before the end of the duration of the project, the final report(s), the requests for payment and the summary statement of amounts transferred to the contractors by the coordinator shall cover the period ending on such date.

However, and without prejudice to the first or second subparagraph of this paragraph, the coordinator's last request for payment 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, except the technological implementation plan, shall cover the periods set out in Annex I to this contract.

The technological implementation plan shall cover the results of work performed within the duration of the project or until the work is completed if such completion occurs at an earlier date.

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 thiscontract.

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 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 AnnexIII 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 coordinator/principal contractor/assistant 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:

ANNEX I

Table - Advance

Project No____ (ending on ____ )

_____________________________________________
1 - The administrative and financial coordinator in the event of separation of administrative and financial coordination from scientific coordination.