CORDIS Archive

Research Training Networks

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 principal contractor 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

ANNEXII - GENERAL CONDITIONS

Part A: Implementation of the project
Article 1 Definitions
Article2 - Management of the project
Article3 - The Community's financial contribution
Article4 - Submission of project deliverables and of summary statements of amounts transferred by the principal contractor
Article 5 - Membership agreement
Article 6 - Subcontracts

Article7 - Liability
Article8 - Termination of the contract and of the participation of the principal contractor or of a member

PartB: Rules relating to intellectual and industrial property, publicity and confidentiality

Article9 - Ownership of knowledge
Article10 - Protection of knowledge
Article11 - Making available knowledge
not resulting from the project and pre-existing know-how
Article12 - Dissemination of knowledge
Article13 - Publicity and communications concerning the project and knowledge resulting from the project
Article 14 - Confidentiality
Article15 - Communication of data for evaluation and standardisation purposes
Article16 - Incompatible or restrictive commitments

Part C: Reimbursement of costs

Article17 - Eligible costs - general principles
Article18 - Personnel costs
Article19 - Costs linked to Networking
Article20 - Indirect costs
Article21 - Justification of costs

Part D: Auditing

Article22 - Financial audit
Article23 - Technical verification of the project

Part E-1: Model cost statement
Cost Statement: details by category

Part E-2: Model integrated cost statement to be submitted by the principal contractor for the members

Part E-3: Model summary statement of amounts transferred by the Principal contractor

PART F: Model Membership agreement

Article 1 - Subject matter of the membership agreement
Article 2 - Conditions
Article 3 - Scope
Article 4 - Payments
Article 5 - Entry into force of the membership agreement
Article 6 - Completion, expiry or termination of the agreement
Article 7 - Applicable law and jurisdiction
Article 8 - Amendments
Article 9 - Final provisions

CONTRACT Nº ____________

The [European Community] [European Atomic Energy Community]("the Community"), represented by the Commission of the European Communities ("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]), 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],

(hereinafter "the principal contractor"),

of the other part,

(collectively "the contracting parties")

HAVE AGREED to a project called "[name of project]" consisting in a "research training network" to be carried out in the framework of the specific research and technological development programme/specific research and training programme "[name of specific RDT/RTDE programme]" (the "specific programme") according to the following provisions

Article 1 -– Scope

The principal contractor shall carry out the work set out in Annex I to this contract ("the project") in accordance with the conditions set out in this contract.

Subject to cases of force majeure, the principal contractor shall use reasonable endeavours to achieve the results aimed at by the project.

Without prejudice to the first paragraph, the principal contractor shall entrust the performance of part of the work set out in Annex I to members listed in this Annex in accordance with the conditions of Article 5 of Annex II and the membership agreement. Members shall use reasonable endeavours to carry out the part of the project specifically assigned to them.

The principal contractor shall be technically and financially responsible for his members in accordance with the terms and conditions set out in Articles 5, 22 and 23 of Annex II to this contract. The principal contractor and the members ("the Participants") are jointly and severally responsible for the performance of the project under the membership agreement (Part F) of this contract.

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) points a), e), f) and g), Article 2 (2) point (c), Article 3(4) and (5), Article 4(5), Article 7, Articles 10 to 16, Articles 21, 22 and 23 of Annex II to this contract.

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

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 affixed to this contract up to a maximum of EUR [insert amount] ([insert amount in words] Euro).

Where the eligible costs of the project are lower than the total estimated eligible costs for the project, the Community’s financial contribution shall be limited to the amount which results from the application of the percentages of the financial participation as laid down in the indicative breakdown of estimated eligible costs which follows the signatures to this contract.

3. The Community's financial contribution to the project shall be paid as specified in Article 3 of AnnexII to this contract to the principal contractor’s bank account:

[Principal contractor’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 participants in proportion to the Community’s total contribution for each participant as 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 shall not exceed the maximum amount of the 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.

Article 4 - Project deliverables and summary statements of amounts transferred by the principal contractor 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 principal contractor in accordance with Article4 of AnnexII to this contract. The reports shall be in [insert language].

The other project deliverables shall be submitted in accordance with the conditions specified in Annex I to this contract.

2. The periodic and final report, the corresponding cost statements, including each integrated cost statement, as well as each summary statement of amounts transferred to the members by the principal contractor shall cover successive periods of 12 months from the project commencement date. [A first period ending on [insert date], and thereafter successive periods of 12 months].

Where the work is completed before the end of the duration of the project, the final report and the corresponding cost statements, including the integrated cost statement, as well as the summary statement of amounts transferred to the members by the principal contractor shall cover the period ending on that date.

The other project deliverables shall cover the periods set out in Annex I to this contract.

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 principal 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 amended only by written agreement 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 + list of participants
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] [Annex III] [Article 6 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 principal 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: