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Consortium Agreement of the Specific Targeted Research Project

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CAST <strong>Consortium</strong> <strong>Agreement</strong> [26-06-2006]VI.6.1VI.6.2Any notice to be given under this <strong>Consortium</strong> <strong>Agreement</strong> shall be in writing to<strong>the</strong> addresses and recipients listed in Section 5 <strong>of</strong> Part I or to such o<strong>the</strong>raddress and recipient as a Party may designate in respect <strong>of</strong> itself by writtennotice to <strong>the</strong> o<strong>the</strong>rs. Notices shall be deemed to have been served whenpersonally delivered, or, if transmitted by telefax, electronic or digitaltransmission when transmitted provided that such transmission is confirmedby receipt <strong>of</strong> a successful transmission report and <strong>the</strong> notice is confirmed bymail.Written communication by means <strong>of</strong> registered letter with acknowledgement<strong>of</strong> receipt, shall be used for notices provided for in Article II.7 <strong>of</strong> <strong>the</strong> EUContract and for notices and communications provided for in SectionsIII.3.2.3, III.5.2.3, VI.2, VI.3.2, and VI.8.1.2 here<strong>of</strong>.VI.7Applicable LawThis <strong>Consortium</strong> <strong>Agreement</strong> shall be construed according to and governed by<strong>the</strong> law provided in Article 12 <strong>of</strong> <strong>the</strong> EU Contract.VI.8VI.8.1VI.8.2VI.8.3Entire <strong>Agreement</strong> - Amendments - SeverabilityThis <strong>Consortium</strong> <strong>Agreement</strong> and <strong>the</strong> EU Contract constitute <strong>the</strong> entireagreement between <strong>the</strong> Parties in respect <strong>of</strong> <strong>the</strong> <strong>Project</strong>, and supersede allprevious negotiations, commitments and writings concerning <strong>the</strong> <strong>Project</strong>including any memorandum <strong>of</strong> understanding between <strong>the</strong> Parties (whe<strong>the</strong>ror not with o<strong>the</strong>rs) which relate to <strong>the</strong> <strong>Project</strong> or its proposal to <strong>the</strong>Commission.Amendments or changes to this <strong>Consortium</strong> <strong>Agreement</strong> shall be valid only ifmade in writing and signed by an authorised signatory <strong>of</strong> each <strong>of</strong> <strong>the</strong> Parties.If one or more <strong>of</strong> <strong>the</strong> provisions contained in this <strong>Consortium</strong> <strong>Agreement</strong> orany documents executed in connection herewith are found by <strong>the</strong>Commission or a competent court or authority to be invalid, illegal, orunenforceable in any respect under any applicable law, including competitionlaw, <strong>the</strong> validity, legality, and enforceability <strong>of</strong> <strong>the</strong> remaining provisionscontained herein shall not in any way be affected or impaired, provided, thatin such case <strong>the</strong> Parties oblige <strong>the</strong>mselves to use all reasonable efforts toachieve <strong>the</strong> purpose <strong>of</strong> <strong>the</strong> invalid provision by a new legally valid stipulationthat cause <strong>the</strong> same or similar (economic) benefit or burden.VI.9CounterpartsThis <strong>Consortium</strong> <strong>Agreement</strong> shall be executed in 38 counterparts, all <strong>of</strong> whichtoge<strong>the</strong>r shall constitute one and <strong>the</strong> same instrument. The Co-ordinator andevery Party shall each initial and sign two (2) counterparts.The Co-ordinator has an obligation to send copies <strong>of</strong> all <strong>the</strong> signedcounterparts to each Party within sixty (60) days <strong>of</strong> receipt <strong>of</strong> <strong>the</strong> signedcounterparts.***- Page 26 <strong>of</strong> 28 -

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