Consortium Agreement of the Specific Targeted Research Project

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 -