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- Model Contract -

Marie Curie individual fellowships

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Marie Curie individual fellowship

Article 1 - Scope
Article 2 - Duration
Article 3 - The Community’s financial contribution
Article 4 - Project deliverables 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 : DESCRIPTION OF THE MARIE CURIE RESEARCH TRAINING PROJECT

ANNEX II : GENERAL CONDITIONS

Part A: Implementation of the project
Article 1 - Definitions
Article 2 - Obligations of the contractor
Article 3 - The contractor’s relationship with the fellow
Article 4 - The Community’s financial contribution
Article 5 - Submission of project deliverables
Article 6 - Maternity leave
Article 7 - Liability
Article 8 - Termination of the contract

Part B: Rules relating to intellectual and industrial property, publicity and confidentiality
Article 9 - Ownership of knowledge

Article 10 - Protection of knowledge
Article 11 - Publicity and confidentiality

Part C: Costs
Article 12 - Contributions allocated to the fellow and the contractor
Article 13 - Revision

Part D: Auditing
Article 14 - Technical verification and audit

Part E-1: Request for payment of advance
Part E-2: Request for intermediate payment

Part E-3: request for final payment

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Marie Curie individual fellowships

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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 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 contractor "), 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 ],

of the other part,

(collectively ² the contracting parties² )

HAVE AGREED, with the aim of contributing to an improvement of the human research potential of the Community, 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 RTD programme ]"] [in the framework of the research and training programme (Euratom) in the field of nuclear energy] (the "specific programme") according to the following provisions.

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Article 1 - Scope

1. The scope of this contract is the realisation of research work by a fellow of category (cat.) [ 30 ][ 40 ][ R ] for training purposes. This fellow is mentioned in Annex I.

2. To that end, the contractor commits itself vis-à-vis the Community to proper performance of the project set out in Annex I entitled [ name of the project ] ("the project "), in accordance with the conditions set out in this contract.

3. To that end, the contractor shall conclude, before the commencement of the project and in accordance with the obligations in Annex II, an agreement with the fellow setting out the conditions for the implementation of the project .

Article 2 - Duration

1. The duration of the project shall be [ number ] months from the project commencement date , as notified to the Commission in writing by the contractor . The duration of the project cannot be extended.

2. This contract shall enter into force following its signature by the contracting parties . The project commencement date may in no case be prior to the date the contract enters into force, but must be within [6] [ number ] months from the date the contract enters into force.

This contract shall be completed on the date of the final payment of the Community’s financial contribution. However,

- Article 5, 6 and 8 of this contract;

- Article 2(2)(g) and (i), first and second indents, Article 3(1)(i), first and second indents, Article 4(3) and (4), Article 5(5), Article 7, Articles 9 to 11 and Article 14 of Annex II to this contract

shall continue to apply after that date subject to any limitations specified in those Articles.

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Article 3 - The Community’s financial contribution

1. Subject to the provisions of Article 6 of Annex II, the Community shall fund the project to a flat rate amount of [ amount ] EUR ([ amount in words ] euro), allocated to the fellow and the contractor in accordance with Article 12 of Annex II to this contract.

2. The Community's financial contribution to the project shall be paid as follows and as specified in Article 4 of Annex II to this contract to the contractor 's following bank account:

[ the contractor's bank details ]

- an advance of [ percentage ] %;

[- an intermediate payment of [ percentage ] %;] 3,

- the rest of the total Community contribution (the retention of [ percentage ] %) 3 .

The total amount of the advance and the intermediate payment shall not exceed the maximum amount of the Community's financial contribution referred to in paragraph 1 of this Article, less a guarantee retention as specified in this paragraph.

Article 4 - Project deliverables to be submitted to the Commission

1. [ number ] copies of the reports and [ number ] copies of the requests for payment required under this contract shall be submitted by the contractor in accordance with Article 5 of Annex II to this contract. The reports shall be in [ language ].

Annex I shall determine the number of copies and the language of drafting of other project deliverables.

2. The request for payment of an advance, as well as a copy of the agreement referred to in Article 3(1) of Annex II, shall be submitted to the Commission at the latest [ number ] days after the project commencement date .

[3. The intermediate scientific report and the intermediate financial report, as well as the corresponding request for payment, shall cover a period of [12] [ number ] months from the project commencement date .]

[3][4]. The final scientific report and the final financial report shall cover the duration of the project . Where the work is completed before the end of the duration of the project , the final scientific report and the final financial report shall cover the period up to this date.

[4][5]. If applicable, the other project deliverables shall cover the periods mentioned in Annex I of this contract.

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Article 5 - Applicable law and jurisdiction

1. The law of [ law of host country ] 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.

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 the Marie Curie research training project

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 [Article 6 of] [Annex III to] [Article 6 of and Annex III to] this contract shall take precedence over any other provisions].

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Article 9 - Signature and language of the contract

[ number (minimum two)] copies of the contract in [ language ] shall be signed by the contracting parties and only that language version shall be authentic.

Done at Brussels,

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:

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