Common use of Dispute Resolution and Applicable Law Clause in Contracts

Dispute Resolution and Applicable Law. 1. The Parties shall first attempt to settle amicably any dispute arising out of this Letter of Access. Any dispute shall be resolved by arbitration, ousting jurisdiction by ordinary courts, by a panel of three arbitrators. Each party to the dispute will nominate one arbitrator. These two arbitrators will then designate a third arbitrator who will also act as chairman. The arbitration decision shall be binding on the parties. The arbitration rules of the CEPANI shall be applicable. The place of any hearing shall be Brussels and the language of the arbitration shall be English. Each Party may at any time request from any competent judicial authority any interim or conservatory measure. 2. This Agreement shall be governed by the laws of Belgium. 3. If at any time any provision of this Letter of Access is or becomes invalid or illegal in any respect, this shall have no effect on the validity of the remaining contractual provisions. The invalid provisions are to be replaced, backdated to the time of their becoming ineffective, by provisions which come closest to achieving their objective. The Parties are validly bound by this Agreement as of the date the Co-Registrant has given its consent through signature by a duly authorised representative. By: [Co-Registrant] (Signature) (Name) May 2018 [Co-Registrant or TPR name] [Co-Registrant or TPR address] Pre-registration or enquiry number: Dear Co-Registrant, Further to the Letter of Access Agreement dated [ ] between (NAME OF THE LEAD REGISTRANT) acting as REACH Lead Registrant for the named Substance and [Co-Registrant name] (the “Agreement”), (NAME OF THE LEAD REGISTRANT) hereby confirms that the Trustee has received your LoA Request and has also received the requisite Joint Registration Compensation pursuant to the terms and conditions of the Agreement. In consideration of the payment of the Joint Registration Compensation and the mutual covenants and obligations contained in the Agreement, the Lead Registrant by this Letter of Access affirms consistent with the Agreement: The above-named Co-Registrant can refer to the full study reports and use the (robust) study summaries of the Studies included in the Joint Registration Dossier of the Substance, for the purpose of Co-Registrant individually registering the Substance according to REACH. If the addressee of this Letter of Access is a Third Party Representative which made the LoA Request on behalf of another legal entity which will be the actual Co-Registrant of the Substance, the Third Party Representative shall immediately transmit this Letter of Access to and paragraph 1 shall apply uniquely in favour of that legal entity identified in the LoA Request as follows: to be adapted to take into account that the signatory can represent several legal entities Pre-registration or enquiry #: …….. Name: Any other use of this letter or information in Annex 1 by a Third Party Representative is prohibited. 3. The Co-Registrant’s right to use the data and summaries and refer to the related full study reports in the Joint Registration Dossier as granted by this Letter of Access is restricted to REACH registration purposes only. 4. The rights granted by this Letter of Access are provided solely in favour of the intended Co-Registrant and are not transferable to any other entity or person and cannot be sold or otherwise transferred, whether free of charge or otherwise, by the Co-Registrant to any other person or entity, except pursuant to Article XV of the Agreement; 5. This Letter of Access shall in no event be construed as granting any person or entity other than the existing data owners any property or ownership rights whatsoever in any data or other information in the Joint Registration Dossier; and 6. This Letter of Access shall remain valid only so long as the Co-Registrant or Third Party Representative if applicable remains in compliance with the terms and conditions stated in the Agreement. Yours sincerely, Signed for and on behalf of (NAME OF THE LEAD REGISTRANT) by Euroalliages AISBL ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Secretary-General The Joint Registration Compensation to be paid t obtain a Letter of Access shall cover (1) Administrative Costs and (2) Data Costs, as defined in Article VIII.2 of this Agreement The overall costs for the Letter of Access are, currently, per tonnage band: Tonnage Bands Letter of Access Costs 1 - 10 t/a 10 - 100 t/a 100 - 1000 t/a > 1000 t/a It includes administrative expenses reasonably incurred to prepare and submit the Joint Registration Dossier and costs for the data needed for the Joint Registration Dossier. The fees have been calculated per legal entity and per tonnage band. Co-registrants are sharing the Administrative Costs per tonnage band on the basis of the following correcting factors: Tonnage band Correcting Factors 1-10 t/a (Annex VII) 50% 10-100 t/a (Annexes VII and VIII) 60% 100-1000 t/a (Annexes VII to IX) 80% >= 1000 t/a (Annexes VII to X) 100% The Data Costs cover assessment costs (assessments by independent research institutes of the available data, the need for testing, classification, PNEC/DNEL, drafting, IUCLID 5…) and study costs (costs for securing the right to use/to refer to studies or to read-across). Study costs are divided as follows: Ecotox Studies Phys-chem and health studies Assessment costs The Data Costs for each tonnage band is based on the total Data Costs corresponding to the highest tonnage band weighted by provisional factors, as foreseen in the ECHA Guidance on data sharing in its version applicable at the time the cost-sharing formula was set out: Tonnage band Provisional factors 1-10 t/a (Annex VII) 5% 10-100 t/a (Annexes VII and VIII) 20% 100-1000 t/a (Annexes VII to IX) 50% >= 1000 t/a (Annexes VII to X) 100% The Joint Registration Compensation based on the above principles shall be adjusted in accordance with the provisions of Article VIII of this Agreement.

Appears in 1 contract

Sources: Letter of Access Agreement

Dispute Resolution and Applicable Law. 1. The Parties shall first attempt to settle amicably any dispute arising out of this Letter of AccessAgreement. Any dispute shall be resolved by arbitration, ousting jurisdiction by ordinary courts, by a panel of three arbitrators. Each party to the dispute will nominate one arbitrator. These two arbitrators will then designate a third arbitrator who will also act as chairman. The arbitration decision shall be binding on the parties. The arbitration rules of the CEPANI ICC shall be applicable. The place of any hearing shall be Brussels and the language of the arbitration shall be English. Each Party may at any time request from any competent judicial authority any interim or conservatory measure. 2. This Agreement shall be governed by the laws of Belgium. 3. If at any time any provision of this Letter of Access Agreement is or becomes invalid or illegal in any respect, this shall have no effect on the validity of the remaining contractual provisions. The invalid provisions are to be replaced, backdated to the time of their becoming ineffective, by provisions which come closest to achieving their objective. The Parties are validly bound by this Agreement as of when the date the CoNon-Registrant Lead Member has given its consent through signature by a duly authorised representative. By: [Co-Registrant] (Signature) (Name) May 2018 [Co-Registrant or TPR name] [Co-Registrant or TPR address] Pre-registration or enquiry number: Dear Co-Registrant, Further to the Letter of Access Agreement dated [ ] between (NAME OF THE LEAD REGISTRANT) acting as REACH Lead Registrant for the named Substance and [Co-Registrant name] (the “Agreement”), (NAME OF THE LEAD REGISTRANT) hereby confirms that the Trustee has received your LoA Request and has also received the requisite Joint Registration Compensation pursuant to the terms and conditions of the this Agreement. In consideration On Behalf of the payment of the Joint Registration Compensation and the mutual covenants and obligations contained in the Agreement, the Lead Registrant by this Letter of Access affirms consistent with the Agreement: The above-named Co-Registrant can refer to the full study reports and use the (robust) study summaries of the Studies included in the Joint Registration Dossier of the Substance, for the purpose of Co-Registrant individually registering the Substance according to REACH. If the addressee of this Letter of Access is a Third Party Representative which made the LoA Request on behalf of another legal entity which will be the actual Co-Registrant of the Substance, the Third Party Representative shall immediately transmit this Letter of Access to and paragraph 1 shall apply uniquely in favour of that legal entity identified in the LoA Request as follows: to be adapted to take into account that the signatory can represent several legal entities Pre-registration or enquiry #: …….. Name: Any other use of this letter or information in Annex 1 by a Third Party Representative is prohibited. 3. The Co-Registrant’s right to use the data and summaries and refer to the related full study reports in the Joint Registration Dossier as granted by this Letter of Access is restricted to REACH registration purposes only. 4. The rights granted by this Letter of Access are provided solely in favour of the intended Co-Registrant and are not transferable to any other entity or person and cannot be sold or otherwise transferred, whether free of charge or otherwise, by the Co-Registrant to any other person or entity, except pursuant to Article XV of the Agreement; 5. This Letter of Access shall in no event be construed as granting any person or entity other than the existing data owners any property or ownership rights whatsoever in any data or other information in the Joint Registration Dossier; and 6. This Letter of Access shall remain valid only so long as the Co-Registrant or Third Party Representative if applicable remains in compliance with the terms and conditions stated in the Agreement. Yours sincerely, Signed for and on behalf of (NAME OF THE LEAD REGISTRANT) by Euroalliages AISBL ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ SecretaryPresident Date: Date: Name of Company: Address: Tel No.: E-General mail address: VAT No.: 1. Core Principles of this Agreement and the Cost-Sharing Model 1.1 Pursuant to Regulation 1907/2006 (“REACH”) and Regulation 2016/9 (“REACH Data Sharing Regulation”), the Parties agree that the provisions of this Agreement shall apply in accordance with those Regulations. To the extent that other agreements, outside this Agreement, are relevant to the cost sharing of data regarding the REACH registration of the Substance – the REACH Chromium Metal Consortium ASBL (“Consortium”) and the Non- Lead Member shall make all relevant efforts to ensure (i) cost sharing of that data applies to all relevant registrants of the Substance, without discrimination, including relevant future registrants of the Substance; and (ii) a method or proportional redistribution applies to the benefit of all co-registrants. 1.2 In the event that the Non-Lead Member believes that the Cost-Sharing Model and Reimbursement Mechanism applicable under this Agreement may not or does not comply with the requirements set out in Clause 1.1 of Annex 2 of this Agreement, the Non-Lead Member shall immediately inform the President of the Consortium, and allow the Consortium sufficient and adequate time to respond to that communication. The Joint Registration Compensation Non-Lead Member understands and acknowledges that the Consortium is an informal collaboration among various companies with limited and restricted legal power and authority and cannot act without the consent of the Consortium members. The Non-Lead Member recognises and acknowledges that, under the REACH requirements, cost-sharing must be fair and apply in objectively the same way to all co-registrants and the Non-Lead Member cannot benefit from individual or personal discounts or subsidised fees. The Non-Lead Member shall not refer any claim or dispute under Articles 27 or 30 REACH before taking every possible effort to fully and proactively engage with the Consortium and allowing the Consortium sufficient and adequate time to respond to questions, queries or other issues. The Non-Lead Member acknowledges and understands that, as stated in ECHA Guidance “data sharing dispute procedures must be paid t initiated as a last resort, i.e. only after all possible efforts and arguments have been exhausted”. 1.3 The Non-Lead Member warrants that it shall take all measures necessary to comply with relevant EU law – particularly the REACH requirements, and that it shall respect, in particular, the Article 11 REACH and Article 30 REACH Data Sharing Regulation obligations regarding one substance, one joint submission. 2. Provisional payments and LOA cost price 2.1 The Non-Lead Member understands, acknowledges and accepts that, under this Agreement, in order to obtain a REACH Letter of Access, the Non-Lead Member is required to pay an initial ‘joint registration compensation provisional payment’ to the Consortium. The Non-Lead Member understands, acknowledges and accepts that this is not necessarily the final cost price of the REACH Letter of Access but, instead, an initial provisional payment. The Non-Lead Member understands, acknowledges and accepts, that the cost price of the REACH Letter of Access shall cover (not be calculated before 2021 once the deadline for phase-in, pre-registered substances of between 1) Administrative Costs -100 MTpa has expired, and (2) Data Costs, as defined in Article VIII.2 the ECHA has completed its review of this Agreement The overall costs for the Letter test plans and potentially completed compliance checks of Access are, currently, per tonnage band: Tonnage Bands Letter of Access Costs 1 - 10 t/a 10 - 100 t/a 100 - 1000 t/a > 1000 t/a It includes administrative expenses reasonably incurred to prepare and submit the Joint Registration Dossier and costs for the data needed for the Joint Registration Dossierregistration dossiers. The fees have been calculated per legal entity and per tonnage band. CoNon-registrants are sharing Lead Member understands that at an appropriate time after 1 January 2021, a reimbursement mechanism exercise (“Reimbursement Mechanism Exercise”) will be conducted meaning that: (i) the Administrative Costs per tonnage band on Consortium shall calculate the basis cost of the following correcting factors: Tonnage band Correcting Factors 1LOA as per each relevant co-10 t/a (Annex VII) 50% 10-100 t/a (Annexes VII and VIII) 60% 100-1000 t/a (Annexes VII to IX) 80% >= 1000 t/a (Annexes VII to X) 100% The Data Costs cover assessment costs (assessments by independent research institutes registrant of the available data, Substance; (ii) the need for testing, classification, PNEC/DNEL, drafting, IUCLID 5…Consortium shall determine whether a reimbursement or a supplemental payment is required in relation to each relevant co-registrant of the Substance; (iii) and study costs (costs for securing the right Consortium shall issue a credit note or an invoice in respect to use/to refer to studies or to read-across). Study costs are divided as follows: Ecotox Studies Phys-chem and health studies Assessment costs The Data Costs for each tonnage band is based on relevant co- registrant of the total Data Costs corresponding to the highest tonnage band weighted by provisional factors, as foreseen in the ECHA Guidance on data sharing in its version applicable at the time the cost-sharing formula was set out: Tonnage band Provisional factors 1-10 t/a (Annex VII) 5% 10-100 t/a (Annexes VII and VIII) 20% 100-1000 t/a (Annexes VII to IX) 50% >= 1000 t/a (Annexes VII to X) 100% The Joint Registration Compensation based on the above principles shall be adjusted in accordance with the provisions of Article VIII of this Agreement.Substance; and

Appears in 1 contract

Sources: Sief Agreement

Dispute Resolution and Applicable Law. 1. The Parties shall first attempt to settle amicably any dispute arising out of this Letter of Access. Any dispute shall be resolved by arbitration, ousting jurisdiction by ordinary courts, by a panel of three arbitrators. Each party to the dispute will nominate one arbitrator. These two arbitrators will then designate a third arbitrator who will also act as chairman. The arbitration decision shall be binding on the parties. The arbitration rules of the CEPANI shall be applicable. The place of any hearing shall be Brussels and the language of the arbitration shall be English. Each Party may at any time request from any competent judicial authority any interim or conservatory measure. 2. This Agreement shall be governed by the laws of Belgium. 3. If at any time any provision of this Letter of Access is or becomes invalid or illegal in any respect, this shall have no effect on the validity of the remaining contractual provisions. The invalid provisions are to be replaced, backdated to the time of their becoming ineffective, by provisions which come closest to achieving their objective. The Parties are validly bound by this Agreement as of the date the Co-Registrant has given its consent through signature by a duly authorised representative. By: [Co-Registrant] (Signature) (Name) May 2018 [Date] 2014 [Co-Registrant or TPR name] [Co-Registrant or TPR address] Pre-registration or enquiry number: Dear Co-Registrant, Further to the Letter of Access Agreement dated [ ] between (NAME OF THE LEAD REGISTRANT) [Lead Registrant company name] acting as REACH Lead Registrant for the named Substance and [Co-Registrant name] (the “Agreement”), (NAME OF THE LEAD REGISTRANT) [Lead Registrant] hereby confirms that the Trustee has received your LoA Request and has also received the requisite Joint Registration Compensation pursuant to the terms and conditions of the Agreement. In consideration of the payment of the Joint Registration Compensation and the mutual covenants and obligations contained in the Agreement, the Lead Registrant by this Letter of Access affirms consistent with the Agreement: The above-named Co-Registrant can refer to the full study reports and use the (robust) study on which basis those summaries of the Studies included in the Joint Registration Dossier of the Substancehave been prepared, for the purpose of Co-Registrant individually registering the Substance according to REACH. If the addressee of this Letter of Access is a Third Party Representative which made the LoA Request on behalf of another legal entity which will be the actual Co-Registrant of the Substance, the Third Party Representative shall immediately transmit this Letter of Access to and paragraph 1 shall apply uniquely in favour of that legal entity identified in the LoA Request as follows: to be adapted to take into account that the signatory can represent several legal entities Pre-registration or enquiry #: …….. Name: Any other use of this letter or information in Annex 1 by a Third Party Representative is prohibited. 3. The Co-Registrant’s right to use the data and summaries and refer to the related full study reports in the Joint Registration Dossier as granted by this Letter of Access is restricted to REACH registration purposes only. 4. The rights granted by this Letter of Access are provided solely in favour of the intended Co-Registrant and are not transferable to any other entity or person and cannot be sold or otherwise transferred, whether free of charge or otherwise, by the Co-Registrant to any other person or entity, except pursuant to Article XV of the Agreement; 5. This Letter of Access shall in no event be construed as granting any person or entity other than the existing data owners any property or ownership rights whatsoever in any data or other information in the Joint Registration Dossier; and 6. This Letter of Access shall remain valid only so long as the Co-Registrant or Third Party Representative if applicable remains in compliance with the terms and conditions stated in the Agreement. Yours sincerely, Signed for and on behalf of (NAME OF THE LEAD REGISTRANT) by Euroalliages AISBL ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Secretary-General The Joint Registration Compensation to be paid t obtain a Letter of Access shall cover (1) Administrative Costs and (2) Data Costs, as defined in Article VIII.2 of this Agreement The overall costs for the Letter of Access are, currently, per tonnage band: Tonnage Bands Letter of Access Costs 1 - 10 t/a 10 - 100 t/a 100 - 1000 t/a > 1000 t/a It includes administrative expenses reasonably incurred to prepare and submit the Joint Registration Dossier and costs for the data needed for the Joint Registration Dossier. The fees have been calculated per legal entity and per tonnage band. Co-registrants are sharing the Administrative Costs per tonnage band on the basis of the following correcting factors: Tonnage band Correcting Factors 1-10 t/a (Annex VII) 50% 10-100 t/a (Annexes VII and VIII) 60% 100-1000 t/a (Annexes VII to IX) 80% >= 1000 t/a (Annexes VII to X) 100% The Data Costs cover assessment costs (assessments by independent research institutes of the available data, the need for testing, classification, PNEC/DNEL, drafting, IUCLID 5…) and study costs (costs for securing the right to use/to refer to studies or to read-across). Study costs are divided as follows: Ecotox Studies Phys-chem and health studies Assessment costs The Data Costs for each tonnage band is based on the total Data Costs corresponding to the highest tonnage band weighted by provisional factors, as foreseen in the ECHA Guidance on data sharing in its version applicable at the time the cost-sharing formula was set out: Tonnage band Provisional factors 1-10 t/a (Annex VII) 5% 10-100 t/a (Annexes VII and VIII) 20% 100-1000 t/a (Annexes VII to IX) 50% >= 1000 t/a (Annexes VII to X) 100% The Joint Registration Compensation based on the above principles shall be adjusted in accordance with the provisions of Article VIII of this Agreement...

Appears in 1 contract

Sources: Letter of Access Agreement

Dispute Resolution and Applicable Law. 1. The Parties shall first attempt to settle amicably any dispute arising out of this Letter of Access. Any dispute shall be resolved by arbitration, ousting jurisdiction by ordinary courts, by a panel of three arbitrators. Each party to the dispute will nominate one arbitrator. These two arbitrators will then designate a third arbitrator who will also act as chairman. The arbitration decision shall be binding on the parties. The arbitration rules of the CEPANI shall be applicable. The place of any hearing shall be Brussels and the language of the arbitration shall be English. Each Party may at any time request from any competent judicial authority any interim or conservatory measure. 2. This Agreement shall be governed by the laws of Belgium. 3. If at any time any provision of this Letter of Access is or becomes invalid or illegal in any respect, this shall have no effect on the validity of the remaining contractual provisions. The invalid provisions are to be replaced, backdated to the time of their becoming ineffective, by provisions which come closest to achieving their objective. The Parties are validly bound by this Agreement as of the date the Co-Registrant has given its consent through signature by a duly authorised representative. By: [Co-Registrant] (Signature) (Name) May 2018 [Co-Registrant or TPR name] [Co-Registrant or TPR address] Pre-registration or enquiry number: Dear Co-Registrant, Further to the Letter of Access Agreement dated [ ] between (NAME OF THE THJE LEAD REGISTRANT) acting as REACH Lead Registrant for the named Substance and [Co-Registrant name] (the “Agreement”), (NAME OF THE THJE LEAD REGISTRANT) hereby confirms that the Trustee has received your LoA Request and has also received the requisite Joint Registration Compensation pursuant to the terms and conditions of the Agreement. In consideration of the payment of the Joint Registration Compensation and the mutual covenants and obligations contained in the Agreement, the Lead Registrant by this Letter of Access affirms consistent with the Agreement: The above-named Co-Registrant can refer to the full study reports and use the (robust) study summaries of the Studies included in the Joint Registration Dossier of the Substance, for the purpose of Co-Registrant individually registering the Substance according to REACH. If the addressee of this Letter of Access is a Third Party Representative which made the LoA Request on behalf of another legal entity which will be the actual Co-Registrant of the Substance, the Third Party Representative shall immediately transmit this Letter of Access to and paragraph 1 shall apply uniquely in favour of that legal entity identified in the LoA Request as follows: to be adapted to take into account that the signatory can represent several legal entities Pre-registration or enquiry #: …….. Name: Any other use of this letter or information in Annex 1 by a Third Party Representative is prohibited. 3. The Co-Registrant’s right to use the data and summaries and refer to the related full study reports in the Joint Registration Dossier as granted by this Letter of Access is restricted to REACH registration purposes only. 4. The rights granted by this Letter of Access are provided solely in favour of the intended Co-Registrant and are not transferable to any other entity or person and cannot be sold or otherwise transferred, whether free of charge or otherwise, by the Co-Registrant to any other person or entity, except pursuant to Article XV of the Agreement; 5. This Letter of Access shall in no event be construed as granting any person or entity other than the existing data owners any property or ownership rights whatsoever in any data or other information in the Joint Registration Dossier; and 6. This Letter of Access shall remain valid only so long as the Co-Registrant or Third Party Representative if applicable remains in compliance with the terms and conditions stated in the Agreement. Yours sincerely, Signed for and on behalf of (NAME OF THE LEAD REGISTRANT) by Euroalliages AISBL ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Secretary-General The Joint Registration Compensation to be paid t obtain a Letter of Access shall cover (1) Administrative Costs and (2) Data Costs, as defined in Article VIII.2 of this Agreement The overall costs for the Letter of Access are, currently, per tonnage band: Tonnage Bands Letter of Access Costs 1 - 10 t/a 10 - 100 t/a 100 - 1000 t/a > 1000 t/a It includes administrative expenses reasonably incurred to prepare and submit the Joint Registration Dossier and costs for the data needed for the Joint Registration Dossier. The fees have been calculated per legal entity and per tonnage band. Co-registrants are sharing the Administrative Costs per tonnage band on the basis of the following correcting factors: Tonnage band Correcting Factors 1-10 t/a (Annex VII) 50% 10-100 t/a (Annexes VII and VIII) 60% 100-1000 t/a (Annexes VII to IX) 80% >= 1000 t/a (Annexes VII to X) 100% The Data Costs cover assessment costs (assessments by independent research institutes of the available data, the need for testing, classification, PNEC/DNEL, drafting, IUCLID 5…) and study costs (costs for securing the right to use/to refer to studies or to read-across). Study costs are divided as follows: Ecotox Studies Phys-chem and health studies Assessment costs The Data Costs for each tonnage band is based on the total Data Costs corresponding to the highest tonnage band weighted by provisional factors, as foreseen in the ECHA Guidance on data sharing in its version applicable at the time the cost-sharing formula was set out: Tonnage band Provisional factors 1-10 t/a (Annex VII) 5% 10-100 t/a (Annexes VII and VIII) 20% 100-1000 t/a (Annexes VII to IX) 50% >= 1000 t/a (Annexes VII to X) 100% The Joint Registration Compensation based on the above principles shall be adjusted in accordance with the provisions of Article VIII of this Agreement...

Appears in 1 contract

Sources: Letter of Access Agreement

Dispute Resolution and Applicable Law. 1. The Parties shall first attempt to settle amicably any dispute arising out of this Letter of AccessAgreement. Any dispute shall be resolved by arbitration, ousting jurisdiction by ordinary courts, by a panel of three arbitrators. Each party to the dispute will nominate one arbitrator. These two arbitrators will then designate a third arbitrator who will also act as chairman. The arbitration decision shall be binding on the parties. The arbitration rules of the CEPANI ICC (International Chamber of Commerce) shall be applicable. The place of any hearing shall be Brussels Frankfurt and the language of the arbitration shall be English. Each Party may at any time request from any competent judicial authority any interim or conservatory measure. 2. This Agreement shall be governed by the laws of BelgiumGermany. 3. If at any time any provision of this Letter of Access Agreement is or becomes invalid or illegal in any respect, this shall have no effect on the validity of the remaining contractual provisions. The invalid provisions are to be replaced, backdated to the time of their becoming ineffective, by provisions which come closest to achieving their objective. The Parties are validly bound by this Agreement as of when the date the CoNon-Registrant Lead Member has given its consent through signature by to this Agreement. The Parties agree that signatures transmitted electronically via portable document format (PDF) attachment shall be binding as if they were original signatures. COMPANY name (Non-Lead Member) COMPANY name (client, in case Non- Lead Member acts as OR or TPR) UUID (Non-Lead Member) Name of authorized representative (Non-Lead Member) Name of authorized representative (client) Job title of authorized representative (Non-Lead Member) Job title of authorized representative (client) Signature of authorized representative (Non-Lead Member) Signature of authorized representative (client) Date Date for the REACH Registration dossier for the Substance The following rules will generally apply for the valuation of Information, studies and reports. These are initially evaluated with respect to their scientific value. In a duly authorised representativesecond step, their financial value is calculated as described below. By: [Co-Registrant] (Signature) (Name) May 2018 [Co-Registrant or TPR name] [Co-Registrant or TPR address] Pre-registration or enquiry number: Dear Co-Registrant, Further The object of the valuation is to ensure that adequate compensation is paid to the Letter of Access Agreement dated [ ] between (NAME OF THE LEAD REGISTRANT) acting as REACH Lead Registrant report owner for the named Substance provision of preliminary services and [Co-Registrant name] (the “Agreement”), (NAME OF THE LEAD REGISTRANT) hereby confirms that the Trustee has received your LoA Request and has also received the requisite Joint Registration Compensation pursuant to the terms and conditions of the Agreement. In consideration of the payment of the Joint Registration Compensation and the mutual covenants and obligations contained in the Agreement, the Lead Registrant by this Letter of Access affirms consistent with the Agreement: The above-named Co-Registrant can refer to the full study reports and use the (robust) study summaries of the Studies included in the Joint Registration Dossier of the Substance, recipients’ requirement for the purpose of Co-Registrant individually registering the Substance according to REACH. If the addressee of this Letter of Access a high quality report is a Third Party Representative which made the LoA Request on behalf of another legal entity which will be the actual Co-Registrant of the Substance, the Third Party Representative shall immediately transmit this Letter of Access to and paragraph 1 shall apply uniquely in favour of that legal entity identified in the LoA Request as follows: to be adapted to take into account that the signatory can represent several legal entities Pre-registration or enquiry #: …….. Name: Any other use of this letter or information in Annex 1 by a Third Party Representative is prohibitedsatisfied. 3. The Co-Registrant’s right to use the data and summaries and refer to the related full study reports in the Joint Registration Dossier as granted by this Letter of Access is restricted to REACH registration purposes only. 4. The rights granted by this Letter of Access are provided solely in favour of the intended Co-Registrant and are not transferable to any other entity or person and cannot be sold or otherwise transferred, whether free of charge or otherwise, by the Co-Registrant to any other person or entity, except pursuant to Article XV of the Agreement; 5. This Letter of Access shall in no event be construed as granting any person or entity other than the existing data owners any property or ownership rights whatsoever in any data or other information in the Joint Registration Dossier; and 6. This Letter of Access shall remain valid only so long as the Co-Registrant or Third Party Representative if applicable remains in compliance with the terms and conditions stated in the Agreement. Yours sincerely, Signed for and on behalf of (NAME OF THE LEAD REGISTRANT) by Euroalliages AISBL ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Secretary-General The Joint Registration Compensation to be paid t obtain a Letter of Access shall cover (1) Administrative Costs and (2) Data Costs, as defined in Article VIII.2 of this Agreement The overall costs for the Letter of Access are, currently, per tonnage band: Tonnage Bands Letter of Access Costs 1 - 10 t/a 10 - 100 t/a 100 - 1000 t/a > 1000 t/a It includes administrative expenses reasonably incurred to prepare and submit the Joint Registration Dossier and costs for the data needed for the Joint Registration Dossier. The fees have been calculated per legal entity and per tonnage band. Co-registrants are sharing the Administrative Costs per tonnage band on the basis of the following correcting factors: Tonnage band Correcting Factors 1-10 t/a (Annex VII) 50% 10-100 t/a (Annexes VII and VIII) 60% 100-1000 t/a (Annexes VII to IX) 80% >= 1000 t/a (Annexes VII to X) 100% The Data Costs cover assessment costs (assessments by independent research institutes of the available data, the need for testing, classification, PNEC/DNEL, drafting, IUCLID 5…) and study costs (costs for securing the right to use/to refer to studies or to read-across). Study costs are divided as follows: Ecotox Studies Phys-chem and health studies Assessment costs The Data Costs for each tonnage band is based on the total Data Costs corresponding to the highest tonnage band weighted by provisional factors, as foreseen in the ECHA Guidance on data sharing in its version applicable at the time the cost-sharing formula was set out: Tonnage band Provisional factors 1-10 t/a (Annex VII) 5% 10-100 t/a (Annexes VII and VIII) 20% 100-1000 t/a (Annexes VII to IX) 50% >= 1000 t/a (Annexes VII to X) 100% The Joint Registration Compensation based on the above principles shall be adjusted in accordance with the provisions of Article VIII of this Agreement.

Appears in 1 contract

Sources: Sief Agreement