CORDIS Archive
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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 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
(collectively "the principal contractors"), [and
(collectively "the assistant contractors"),] of the other part, (collectively ²the contracting parties²) 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.
Article 1 - Scope1.The contractors1 shall carry out the work set out in Annex I to this contract. The project is divided up into the milestones specified in Annex I. Subject to cases of force majeure, the principal contractors shall do their utmost to achieve the results set for each milestone, and shall submit the related project deliverables. They shall carry out the project jointly and severally vis-à-vis the Community. The assistant contractors shall do their utmost to carry out the part of the project specifically assigned to them and submit the related project deliverables. 2. Achievement of the objectives of each milestone, assessed in accordance with Article 4(3) of Annex II to this contract, shall determine the continuation of the project.
Article 2 - Duration1. 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], without prejudice to Article 1(2) of this contract. 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,
shall continue to apply after that date to the extent of any limitations specified in those Articles.
Article 3 - Estimated costs and maximum financial contribution of the Community1. 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). The Community's maximum financial contribution shall correspond to the sum of the amounts allocated in respect of each milestone and specified in the table of the indicative breakdown of the estimated eligible costs. Where the eligible costs for the project are lower than the estimated eligible costs for the project, the Community's financial contribution shall be limited to the amount obtained by applying the percentage rates of financial participation set out in the table of the indicative breakdown of the 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 Article3 of AnnexII to this contract to the coordinator's following bank account: [Coordinator's bank details] The periodic payments shall amount to:
The initial advance for the project, corresponding to the estimated eligible costs invoved in reaching [the] milestone [1], 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 relating to [the] milestone [1]. 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.
Article 4 - Project deliverables deliverables and summary statements of amounts transferred by the coordinator to be submitted to the Commission1. [insert number] copies of the reports, on the one hand, and [insert number] copies of the cost statements and requests for payment, on the other hand, 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 reports and the corresponding requests for payment shall cover each milestone specified in AnnexI to this contract. The final report(s) and the cost statements shall cover the duration of the project. Where the work is completed before the end of the duration of the project, the final report(s) and the cost statements shall cover the period ending on such date. However, and without prejudice to the second subparagraph of this paragraph, the last cost statement of the coordinator 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 summary statements of amounts transferred to the contractors by the coordinator shall cover each milestone. 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 jurisdiction1. 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. 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 - AmendmentsThis 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 provisions1. The following annexes are an integral part of this contract:
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].
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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