Consortium Agreement of the Specific Targeted Research Project

More documents

Recommendations

Info

CAST Consortium Agreement [26-06-2006]VIMISCELLANEOUSVI.1No partnership or agencyNothing in this Consortium Agreement shall create a partnership or agencybetween the Parties or any of them.VI.2AssignmentNo Party shall, without the prior written consent of the other Parties, orParties of its own WP, as applicable, assign or otherwise transfer partially ortotally any of its rights and obligations under this Consortium Agreement.Such consent shall not be unreasonably withheld or delayed when suchassignment or transfer is in favour of an Affiliate of that Party.VI.3VI.3.1Term and TerminationTermThis Consortium Agreement shall come into force as from the date defined inSection 1 of Part I, provided the Parties have signed this ConsortiumAgreement. However, this Consortium Agreement shall come into force forParties joining on the basis of a Declaration of Accession as from theAccession Date.This Consortium Agreement shall continue in full force and effect untilterminated in accordance with Section VI.3.2 hereof or complete discharge ofall obligations for the carrying out of the Project undertaken by the Partiesunder the EU Contract and under this Consortium Agreement, whichever isthe earlier.VI.3.2VI.3.2.1(a)(b)TerminationAfter signature of the EU Contract by the Co-ordinator, no Party shall beentitled to withdraw from this Consortium Agreement and/or participation inthe Project unless:always provided that the notifications set forth in Article II.15.1 of the EUContract are complied with, that Party has obtained the prior consent of theother Contractors, and also of the Commission, to the termination of itsparticipation in the EU Contract; orthat Party's participation in the EU Contract or the EU Contract is terminatedby the Commission pursuant to the provisions of Article II.15.2 of the EUContract, provided always that a Party shall not by withdrawal or terminationbe relieved from• its responsibilities under this Consortium Agreement or the EUContract in respect of that part of that Party's work on the Projectwhich has been carried out (or which should have been carried out)up to the date of withdrawal or termination; or• without prejudice to the provisions of Section V hereof any of its- Page 24 of 28 -
CAST Consortium Agreement [26-06-2006]obligations or liabilities arising out of such withdrawal ortermination.VI.3.2.2VI.3.2.3In the event of a substantial breach, but not in case of “Force Majeure” (asset out in Section V.3 hereof), by a Party of its obligations under thisConsortium Agreement or under the EU Contract which is irremediable orwhich is not remedied within one (1) month of written notice from the otherParties, acting jointly, or from the Co-ordinator, acting on the basis of adecision taken by the General Assembly in accordance with Section III.3.2.4(c), such notice requiring that the default be remedied, the other Parties orthe Co-ordinator (as the case may be) may terminate this ConsortiumAgreement with respect to the Defaulting Party concerned by not less thanfourteen (14) days written notice. Without prejudice to the provisions ofSection IV such termination shall become effective with respect to suchDefaulting Party as of the date of such notice.If any Party's participation in the EU Contract is terminated by theCommission pursuant to the provisions of Article II.15.5 of the EU Contract,or a Party withdraws from the Project, then, without prejudice to any otherrights of the other Parties the provisions of Sections IV and V.2 hereof shallapply correspondingly.VI.3.3VI.3.3.1VI.3.3.2General Provisions relating to TerminationThe provisions of Section I, III.6.3, IV, V, VI.4, VI.5, VI.6 and VI.7 hereofshall survive the expiration or termination of this Consortium Agreement tothe extent needed to enable the Parties to pursue the remedies and benefitsprovided for in those Sections.For the avoidance of doubt, termination or withdrawal shall not affect anyrights or obligations incurred prior to the date of the termination unlessotherwise agreed in the EU Contract or in this Consortium Agreement.VI.4VI.4.1VI.4.2Settlement of DisputesAll disputes or differences arising in connection with this ConsortiumAgreement which cannot be settled amicably shall be subject to thejurisdiction of the appropriate national court of the Party who would be theprospective defendant in legal action on the issue.The Parties concerned may instead elect to resolve by mediation a dispute ordifference arising in connection with this Consortium Agreement which cannotbe settled amicably.VI.5LanguageThis Consortium Agreement is drawn up in English which language shallgovern all documents, notices and meetings for its application and/orextension or in any other way relative thereto.VI.6Notices- Page 25 of 28 -
Page 1 and 2: CAST Consortium Agreement [26-06-20
Page 23: CAST Consortium Agreement [26-06-20

Consortium Agreement of the Specific Targeted Research Project

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?