Consortium Agreement of the Specific Targeted Research Project

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CAST Consortium Agreement [26-06-2006]appropriate actions have been taken.This Section IV.5.1 shall not prevent the submission, examination, publicationand defence of any dissertation or thesis for a degree which includesincidental and minor elements of Knowledge of another Party, Pre-ExistingKnow-How of another Party or confidential information of another Party incase the intention to make such dissertation or thesis has been notified to theother Parties in writing promptly as soon as such intention is foreseen.IV.5.2 Disclaimer & marking of confidential information provided to theCommissionIn addition to the Article II.12 of the EU Contract,(i)(ii)all information provided to the Commission, publications and press releasesshall have a disclaimer saying "The information in this document is providedas is and no guarantee or warranty is given that the information is fit for anyparticular purpose. The user thereof uses the information at its sole risk andliability.";confidential information provided to the Commission will be marked statingthe information is confidential and may be used only for information purposesby Community Institutions to whom the Commission has supplied it.- Page 20 of 28 -
CAST Consortium Agreement [26-06-2006]VLIABILITY AND INDEMNIFICATIONV.1 LiabilityV.1.1Liability towards each otherIn respect of information or materials supplied by one (1) Party to anotherhereunder or under the EU Contract, the supplier Party shall be under noobligation or liability other than as stated in Section III.6.3.2 hereof and nowarranty condition or representation of any kind is made, given or to beimplied as to the sufficiency, accuracy or fitness for purpose of suchinformation or materials, or, subject to Section III.6.3.3 hereof, the absenceof any infringement of any proprietary rights of third parties by the use ofsuch information and materials and the recipient Party shall in any case beentirely responsible for the use to which it puts such information andmaterials.V.1.2Liability towards third partiesSubject always to such other undertakings and warranties as are provided forin this Consortium Agreement and the EU Contract, each Party shall be solelyliable for any loss, damage or injury to third parties resulting from itscarrying out its parts of the Project and from its Use of Knowledge and/orPre-existing Know How.V.1.2.1(a)(b)(c)V.1.2.2Third parties (Subcontractors)Each Party shall be fully liable for the performance of any part of its share ofthe Project, or other EU Contract obligation, in respect of which it enters intoany contract with a third party (e.g. a Subcontractor) and shall ensure:such contracts enable fulfilment of the EU Contract;the other Parties’ Access Rights are the same as would have been the casehad the contracting Party performed its share of the Project and/or thoseobligations itself;the third party shall not have access to any other Party’s Knowledge or PreexistingKnow-how without that Party’s prior written consent.Each Party shall in writing inform the Co-ordinator asking for decision of theGeneral Assembly or Work-Package Committee, as applicable, if it intends toenter into a contract referred to in Section V.1.2.1 hereof (giving therationale therefore) if such an event has not been detailed in the EU ContractAnnex I and the contract is other than for less than 10% of its share of theProject.V.1.3Indemnification in the event of claims from the Commission- Page 21 of 28 -
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Consortium Agreement of the Specific Targeted Research Project

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