Common use of Contractual Matters Clause in Contracts

Contractual Matters. II.5.1 The Agency shall conclude the contracts necessary for the execution of the PECS in accordance with its rules and procedures, in particular by applying the general clauses and conditions for ESA contracts and in particular all contracts shall be placed in EURO. II.5.2 Contractual commitments entered into by the Agency shall be limited to the funding available. The Agency shall not issue an invitation to tender when the funding for the activities concerned is insufficient in relation to the cost estimates in the work plan. II.5.3 Activities shall as a general rule be carried out through an open competition procedure in the ECS that have expressed an interest in the activities concerned. II.5.4 In the case of co-funded activities the Agency shall retain full visibility over expenditure planned and actually incurred by the contractor as well as the origin of all funding for the purpose of the execution of the contract. Where appropriate this may include a right of audit by or on behalf of the Agency. II.5.5 Any intellectual property rights stemming from the in-orbit flight of a payload included in the activities of the PECS shall be governed by the Agency’s Rules.

Appears in 3 contracts

Sources: European Cooperating State Agreement, European Cooperating State Agreement, European Cooperating State Agreement