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- Model contract -

COST REIMBURSEMENT
for research and technological development projects

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COST REIMBURSEMENT FOR RESEARCH AND TECHNOLOGICAL DEVELOPMENT PROJECTS

Article 1 - Scope
Article 2 - Duration
Article 3 - Estimated costs and maximum financial contribution of the Community
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 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: Reimbursement of costs
Article22 - Eligible costs - general principles
Article23 - Direct costs
Article24 - Indirect costs
Article25 - Justification of costs

Part D: Auditing
Article26 - Financial audit
Article27 - Technical verification of the project
Article28 - Technological audit

Part E-1 : Cost statement summary
Coordination costs
Cost statement: Details by Category

Part E-2 : Model of integrated cost statement

Part E-3 : Summary sheet of the amounts transferred to the contractors and RTD performers from coordinator

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- Model contract-

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CONTRACT No __________

The European Community ("the Community"), represented by the Commission of the EuropeanCommunities ("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 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 parties ² )

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.

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Article 1 - Scope

The contractors shall carry out the work set out in Annex I to this contract [up to the milestone specified in Annex I] [up to [ specify the milestone ]] (" the project ") in accordance with the conditions set out in this contract.

Subject to cases of force majeure , the principal 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. The assistant contractors shall use reasonable endeavours to carry out the part of the project specifically assigned to them.

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), (h) and (j), Article3(4) and (5), Article4(5), Article6, Articles 9 to 21 and Articles 25, 26 and 28 of Annex II to this contract

shall continue to apply after that date to the extent of any limitations specified in those Articles.

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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 ] euro).

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 ] 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 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 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.

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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 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 each integrated 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 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(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.

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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.

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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 ]

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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:

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