Contract No __________
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]) ("the coordinator"), 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],
- [name of 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],
- [name of 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],
- [name of 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],
(collectively "the contractors"),
of the other part,
(collectively ²the contracting parties²)
HAVE AGREED to a project called "[name of project]" to be carried out in theframework of the specific research and technological development programme "[name of specific RTD programme]" (the "specific programme") according to the following provisions.
The contractors (1) shall carry out the work set out in Annex I to this contract ("theproject") in accordance with the conditions set out in this contract.
Subject to cases of force majeure, the contractors shall use reasonable endeavours to achieve the results aimed at by the project and shall carry it out jointly and severally vis-à-vis the Community.
For the realisation of this project, the contractors must conclude a subcontract in accordance with Model X (2) with the RTD Performers and take all necessary measures with a view to ensuring that those agreements conform to this contract.
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(1) The terms in italics are used in accordance with the definition given in Article 1 of Annex II to thiscontract.
(2) Other provisions may be added to the model agreement to expand or clarify other aspects, provided that none of them contradicts any of the provisions of that model, or any of the provisions in the present contract. The provisions of the model agreement are the 'minimum' required in concluding the agreement between SME contractors and the RTD Performers.
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 contractingparties.
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), (h) and (j), Article3(4) and (5), Article4(5), Article6, Articles 9 to 21, Articles25, 26 and 28 of Annex II to this contract,
shall continue to apply after that date subject to any limitations specified in thoseArticles.
Article 3 - Estimated costs and maximum financial contribution of the Community
1. The total estimated eligible costs of the project are EUR [insert amount] ([insertamount in words] euro).
2. The Community shall fund the eligible costs of the project to the amount specifiedin 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).
3. The Community's financial contribution to the project shall be paid as specified in Article3 of AnnexII to this contract to the coordinator's bank account:
[Coordinator's bank details]
The initial advance is fixed at EUR [insert amount] ([insert amount in words] euro). It is distributed among the contractors in accordance with the indications laid down in 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.
4. The coordinator shall distribute the funds allocated to the project to the contractors and/or the RTD Performers. and, in this regard, shall make sure that the eligible costs of the RTD Performers in the context of this project account for at least 40% of the total eligible costs. In addition, at least 50% of the actual number of hours of the RTD Performers dedicated to the performance of the project should relate to personnel hours carried out by the RTD Performers.
Article 4 - Project deliverables and summary statements of transferred amounts 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 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, the corresponding cost statements, including eachintegrated cost statement, as well as each summary statement of amounts transferred to the contractors by the coordinator shall cover [successive periods of[insert number] months from the date of commencement of the project] [afirstperiod ending on [insert date], and thereafter successive periods of [insertnumber] 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, as well as 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 subparagraphs of this paragraph, the last cost statement of the coordinator and 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, 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 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:]
[The delegation of signature for the contract is authorised via a letter of delegation to thecoordinator.]
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 and Model X
[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 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:
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