Common use of Change Records Clause in Contracts

Change Records. Version Date Changes Version 1 December 2021 Initial draft for Horizon Europe This Consortium Agreement model is created for projects which will be governed by a Horizon Europe Model Grant Agreement (MGA) under Horizon Europe, i.e. notably “Research and Innovation Actions” and “Innovation Actions”. A use for other types of projects will likely require adaptations. The new DESCA model addresses the features of Horizon Europe. Following the feedback of many stakeholders, the explicit aim of the update for Horizon Europe was to adapt where necessary and to keep the continuity of the DESCA 2020 text where possible. In order to facilitate coordination and collaboration, this model provides for internal arrangements between beneficiaries, governance of the project and financial issues. In order to be as user-friendly as possible, the model and the elucidations focus on a “mainstream” project and are not intended to give all alternatives for a given situation. The wording aims to be accessible and easy to understand notably for non-lawyers. The Horizon Europe MGA contains several options which will be adapted to the individual project. DESCA for Horizon Europe is based on what we expect to be the “default setting” of MGA options. The Horizon Europe Regulation, all MGAs, and the other related documents are available at: ▇▇▇▇▇://▇▇.▇▇▇▇▇▇.▇▇/info/funding-tenders/opportunities/portal/screen/how-to-participate/reference-documents;programCode=HORIZON It is strongly advised to read the MGA and the related documents, and it is important to be aware of the fact that DESCA is supplementary to the Horizon Europe Regulation and the Grant Agreement. Most items regulated there are NOT repeated here, but should be carefully taken into account and re-read in case of doubt. The DESCA model is presented with two columns: the left side with legal text and the right side with elucidation, remarks and references to the Horizon Europe Multi-beneficiary General Model Grant Agreement. This version as well as a version without elucidations is available on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇-▇▇▇▇▇▇▇▇▇.▇▇. DESCA provides a core text, modules and several options, which can be used as follows: Core text: The main body of the text. Two modules for the Governance Structure: Simple governance structure: only a General Assembly [Module GOV SP] (contained in the text). Complex governance structure: two governing bodies, General Assembly and Executive Board [Module GOV LP]. (contained in the Annex) If the project comprises just a modest number of work packages, and is not very complicated, the Module GOV SP will normally be fit for purpose. However, if the project is more complicated and requires an intermediary governance structure, the Module GOV LP, which includes an Executive Board, is advised. Module IPR SC - special clauses for Software: If your project has a strong focus on software issues, you may wish to use the software module which provides more detailed provisions regarding software (sublicensing rights, open source code software etc.) [Module IPR SC].