|
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)][Mrs (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 ²the contracting parties²)
HAVE AGREED, with the aim of contributing to an improvement of the human research potential of the Community, to activities within "[name of the research area]" 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.
1. The scope of this contract is the realisation of research project(s) (1) ("the project(s)") by
(a) fellow(s) of category (cat.) [20][30][20 and 30] for training purposes. The number of fellow-months per category is mentioned in Annex I to this contract.
2. To that end, the contractor commits itself vis-à-vis the Community to proper performance of the project(s) connected to the research area set out in Annex I entitled [name of the research area], in accordance with the conditions set out in this contract.
3. To that end, the contractor
(a) shall select the fellow(s) referred to in paragraph 1 of this Article, according to the number of fellow-months and in accordance with the obligations in Annex II to this contract;
(b) shall conclude with each fellow, after confirmation by the Commission, an agreement in accordance with the obligations in Annex II to this contract.
___________________________________________
(1) The terms in italics are used in accordance with the definition given in Article 1 of Annex II to this contract.
1. This contract shall enter into force following its signature by the contracting parties.
The commencement date of the first selection procedure in the sense of Article 2(4) of Annex II to this contract, as notified to the Commission in writing by the contractor, and the commencement date of the first project may in no case be prior to the date the contract enters into force, but must be within [8][number] (2) months from the date the contract enters into force.
2. Subject to the provisions of Article 5(5) of Annex II to this contract, the research project(s) referred to in Article 1 of this contract must be completed within [48][number] (3) months from the date this contract enters into force.
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 3(2) (e) and (g), Article 4(1) (j), Article 5(3) and (4), Article 6(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.
___________________________________________
(2) The default time-limit is eight months.
(3) The default time-limit is 48 months.
1. Subject to the provisions of Article 5(5) of Annex II to this contract, the Community shall fund the project(s) to a flat rate amount of [amount] EUR ([amount in words] euro), allocated to the fellow(s) in accordance with Article 12 of Annex II to this contract.
2. The Community's financial contribution to the project(s) shall be paid as follows and as specified in Article 5 of Annex II to this contract to the contractor's following bank account:
[the contractor's bank details]
- an advance of [percentage] % (4);
- periodic payments, each of [percentage] %(4);
- the rest of the total Community contribution (the retention of [percentage] % (4) ).
The total amount of the advance and the periodic payments 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.
__________________________________
(4) The advance is 40 %, the rest 15 % and the periodic payments are of equal amounts.
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 Article6 of AnnexII to this contract. The reports shall be in [language].
Annex I to this contract shall determine the number of copies and the language of drafting of other project deliverables.
2. The request for payment of advance shall be submitted to the Commission at the latest [number] days after the date of the Commission's confirmation of the first fellow.
3. The periodic scientific reports and the summary periodic financial reports, as well as the corresponding requests for payment, shall cover a period of [12][number] (5) months from the date of the request for payment of advance, and thereafter successive periods of [12][number]5 months.
4. The final scientific report and the final financial report shall cover the entire duration of (all) the project(s). The request for final payment shall be submitted to the Commission after completion of the last project.
5. If applicable, the other project deliverables shall cover the periods mentioned in Annex I to this
contract.
____________________________
(5) The time-limits, identical for the reports and the requests for payment, may differ from 12 months.
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.
[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(s) concerned.
1. The following annexes are an integral part of this contract:
Annex I - Description of the activities in the framework of the research area
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 Annex III to] this contract shall take precedence over any other provisions.]
[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:
DESCRIPTION OF THE ACTIVITIES IN
THE FRAMEWORK OF THE RESEARCH AREA
(corresponding to the description given in proposal No [No of proposal], as selected by
the Commission on [date])
1. Title: [name of the research area]
2. Abstract: [abstract of activities in the framework of the research area]
3. Fellow-months:
[Cat. 20: [number of fellow-months]]
[Cat. 30: [number of fellow-months]]
4. [Place][Places] of implementation of the project(s):
- Company: [name and address of company, including country]
[- [Place][Places] of external activity (6): [name and address, including country]]
- Co-ordinator: [name]
________________________________________
(6) Only applicable for relevant cases involving SMEs.
5. Distribution of the Community contribution:
[[(a)]for the benefit of the fellow(s) of cat. 20:
- allowance(s): [amount] euro/month X [number] months Total: [amount].euro
- mobility allowance(s): [amount] euro/month X [number] months
Total: [amount] euro]
[[(b)]for the benefit of the fellow(s) of cat. 30:
- allowance(s): [amount] euro/month X [number] months Total: [amount] euro
- mobility allowance(s): [amount] euro/month X [number] months
Total: [amount] euro]
6. Total amount of the Community contribution : [amount] euro
|
