Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto. 2. The financing for implementation of the Project shall be transferred in the form of advance payments consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1. 3. Receipt of the consecutive tranches shall be conditional upon: a) submission by the Project Manager of the correctly completed and full financial and progress report (if the date of payment of a given tranche falls after the date of submission of the progress report); b) positive review and approval of the financial and progress report (if the date of payment of a given tranche falls after the date of submission of the progress report), including approval by the Foundation of the eligible expenditures incurred by the Project Manager, the Consortium 4 According to the provisions of the Framework for State aid for research and development and innovation (OJ C 198, 27.6.2014, p. 1), in part 2.2. - Indirect State aid to undertakings through public funded research and knowledge dissemination organisations and research infrastructures. Member’s Representative and the Grantees; and c) if less than 70% of all advance payments made to date are settled by the Grantee in the financial report – provision, along with that report, of the updated budget calculator by the Project Manager and its approval by the Foundation. 4. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5. 5. Settlement of an advance payment consists in showing in the financial report of the eligible expenditures settling the tranche of the advance payment. 6. The amount of the funding not expensed at the end of the budget year shall remain at the Project Manager and ▇▇▇▇▇▇▇▇’ disposal during the following budget year. 7. The amount of the funding specified in Article 1.1 may be reduced, in particular: a) by the amount reimbursable on account of any irregularities; b) in the case of a failure to attain the indicators, in proportion to the degree of their non- attainment; or c) upon statement of non-utilisation of the Project financing by the Foundation or the Project Manager’s failure to report the reasons for its non-utilisation. In such case, the Foundation shall have the right to both reduce the amount of the funding and to make changes to the Budget; d) as a result of an analysis of the reports and of the conducted inspections or failure to attain (including suspected non-attainment) of the Project assumed results at any given stage. 8. Incurring by the Project Manager, the Consortium Member’s Representative or the Grantees of the eligible expenditures in the amount higher than specified in Article 1.1 shall not serve as the basis for increasing the amount of the funding granted. 9. The expenditures beyond the total amount specified in Article 1.1, including the expenditures derived from an increase of the total cost of implementation of the Project, shall be incurred by the Grantees and shall constitute ineligible expenditures. 10. The Grantees shall be obliged to assure by themselves the financing of the costs constituting their required own contribution and ineligible expenditures necessary for implementation of the Project. 11. The financing intended for the Project-related part shall be transferred to the Consortium Leader’s dedicated interest-bearing bank account No In commercially justified cases, the bank account may be non-interest bearing. 12. In the case of execution of a payment by the Foundation to an account with a wrong number as a result of a default upon the obligation referred to in Article 16.6, the costs associated with re- execution of the payment and all consequences of the attempts to recover the amount representing unjust enrichment by a third party, including the consequences of the loss of that amount, shall burden the Consortium Leader. The Consortium Leader shall be liable jointly and severally with an unjustly enriched third party and shall be obliged to return, at the Foundation’s request, the full amount providedto the bank account with the wrong number. At the time of return of the full amount, the Foundation shall declare that it transfers to the Consortium Leader the title in any and all recourse financial claims it may hold against the unjustly enriched third party. 13. The Project Manager shall be liable for distributing funds among the Grantees, in accordance with this Agreement, the Application and the Competition Documentation. The Consortium Leader shall be liable for transferring funds to the Consortium Member. The Foundation shall not be liable for incorrect distribution or failure to transfer all or part of the funds by the Consortium Leader and any all claims of any Grantee against the Foundation in this respect are hereby excluded. 14. The Consortium Leader shall be obliged to return the bank interest accrued in the Consortium Leader and Consortium Member’s bank account during a given calendar year on the funding amount transferred in the form of an advance payment by January the 20th of the year following payment of the advance, by way of a separate funds transfer to the bank account designated by the Foundation. 15. The Foundation shall disburse the financing earmarked for implementation of the Project, subject to availability of the financing provided by SG OP Intermediary Authority for implementation of the TEAM TECH Programme, from the Foundation’s dedicated bank account. 16. The payments from the bank account referred to in Clause 11 of this article may be made exclusively as the payments in consideration of the expenditures eligible for financing under the Project, in the amount corresponding to the funding of those expenditures. 17. The Project Manager shall be the administrator of the grant. Expenditure by the Grantees of the financing provided by the Foundation for the Project-related part, including the indirect costs incurred in connection with implementation of the Project and settled using the lump sum method, shall be approved by the Project Manager. 18. An employee of the Consortium Leader’s unit competent for financial affairs may refuse to approve the Project Manager’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement. 19. An employee of the Consortium Member’s unit competent for financial affairs may refuse to approve the Consortium Member’s Representative’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement. 20. The Grantees undertake to keep separate accounting records concerning implementation of the Project consistently with the transparency principle derived from the Accounting Act of 29 September 1994 in such manner as to enable identification of the individual accounting operations associated with the Project. 21. The Foundation may withhold payment of a tranche in order to clarify any doubts or to obtain any information in the case of reasonable suspicions that the Project is being implemented in breach of the Agreement, in particular: a) upon statement of any discrepancies in implementation of the Project in relation to the Project description contained in the Application; b) the Project Manager’s, the Consortium Member’s Representative’s or the Grantees’ failure to provide the information and clarifications referred to in Article 1.18; or c) upon statement of absence of progress in implementation of the Project in relation to the time schedule defined in the Application. 22. The Grantees shall not be entitled to any indemnity in the case of a delay in provision of the financing by the Foundation, in particular as a result of: 1) non-performance or improper performance of the Agreement by the Project Manager, the Consortium Member’s Representative and the Grantees; 2) delay in disbursement of the funding due to the factors beyond the Foundation’s control; 3) absence or shortage of the funds in the Foundation’s account from which payments are made; 4) withholding of execution of a payment on the terms and conditions referred to in Clause 21 of this article and in Article 8.9; 5) refusal, by the authorised institutions, including, but not limited to, the European Commission, to grant state aid to both the Grantees and the Foundation.
Appears in 1 contract
Sources: Grant Agreement
Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto.
2. The financing for implementation of the Project shall be transferred in the form of advance payments consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1.
3. Receipt of the consecutive tranches shall be conditional upon:
a) submission by the Project Manager of the correctly completed and full financial and progress report (if the date of payment of a given tranche falls after the date of submission of the progress report);
b) positive review and approval of the financial and progress report (if the date of payment of a given tranche falls after the date of submission of the progress report), including approval by the Foundation of the eligible expenditures incurred by the Project Manager, the Consortium 4 According to the provisions of the Framework for State aid for research and development and innovation (OJ C 198, 27.6.2014, p. 1), in part 2.2. - Indirect State aid to undertakings through public funded research and knowledge dissemination organisations and research infrastructures. Member’s Representative and the GranteesGrantee; and
c) if less than 70% of all advance payments made to date are settled by the Grantee in the financial report – provision, along with that report, of the updated budget calculator by the Project Manager and its approval by the Foundation.
4. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5.
5. Settlement of an advance payment consists in showing in the financial report of the eligible expenditures settling the tranche of the advance payment.
6. The amount of the funding not expensed at the end of the budget year shall remain at the Project Manager and ▇▇▇▇▇▇▇▇’ Grantee’s disposal during the following budget yearyear in the Enterprise’s bank account.
7. The amount of the funding specified in Article 1.1 may be reduced, in particular:
a) by the amount reimbursable on account of any irregularities;
b) in the case of a failure to attain the indicators, in proportion to the degree of their non- attainment; or
c) upon statement of non-utilisation of the Project financing by the Foundation or the Project Manager’s failure to report the reasons for its non-utilisation. In such case, the Foundation shall have the right to both reduce the amount of the funding and to make changes to the Budget;
d) as a result of an analysis of the reports and of the conducted inspections or failure to attain (including suspected non-attainment) of the Project assumed results at any given stage.
8. Incurring by the Project Manager, Manager or by the Consortium Member’s Representative or the Grantees Enterprise of the eligible expenditures in the amount higher than specified in Article 1.1 shall not serve as the basis for increasing the amount of the funding granted.
9. The expenditures beyond the total amount specified in Article 1.1, including the expenditures derived from an increase of the total cost of implementation of the Project, shall be incurred by the Grantees Enterprise and shall constitute ineligible expenditures.
10. The Grantees Enterprise shall be obliged to assure by themselves itself the financing of the costs constituting their the Enterprise’s required own contribution and ineligible expenditures necessary for implementation of the Project.
11. The financing intended for the Project-related part shall be transferred to the Consortium LeaderEnterprise’s dedicated interest-bearing bank account No In commercially justified cases, the bank account may be non-interest bearing.
12. In the case of execution of a payment by the Foundation to an account with a wrong number as a result of a the Enterprise’s default upon the obligation referred to in Article 16.6, the costs associated with re- re-execution of the payment and all consequences of the attempts to recover the amount representing unjust enrichment by a third party, including the consequences of the loss of that amount, shall burden the Consortium LeaderEnterprise. The Consortium Leader Enterprise shall be liable jointly and severally with an unjustly enriched third party and shall be obliged to return, at the Foundation’s request, the full amount providedto the bank account with the wrong number. At the time of return of the full amount, the Foundation shall declare that it transfers to the Consortium Leader Enterprise the title in any and all recourse financial claims it may hold against the unjustly enriched third party.
13. The Project Manager shall be liable for distributing funds among the Grantees, in accordance with this Agreement, the Application and the Competition Documentation. The Consortium Leader shall be liable for transferring funds to the Consortium Member. The Foundation shall not be liable for incorrect distribution or failure to transfer all or part of the funds by the Consortium Leader and any all claims of any Grantee against the Foundation in this respect are hereby excluded.
14. The Consortium Leader Enterprise shall be obliged to return the bank interest accrued in the Consortium Leader and Consortium MemberEnterprise’s bank account during a given calendar year on the funding amount transferred in the form of an advance payment by January the 20th of the year following payment of the advance, by way of a separate funds transfer to the bank account designated by the Foundation.
1514. The Foundation shall disburse the financing earmarked for implementation of the Project, subject to availability of the financing provided by SG OP Intermediary Authority for implementation of the TEAM TECH Programme, from the Foundation’s dedicated bank account.
1615. The payments from the bank account referred to in Clause 11 of this article may be made exclusively as the payments in consideration of the expenditures eligible for financing under the Project, in the amount corresponding to the funding of those expenditures.
1716. The Project Manager shall be the administrator of the grant. Expenditure by the Grantees Enterprise of the financing provided by the Foundation for the Project-related part, including the indirect costs incurred in connection with implementation of the Project and settled using the lump sum method, shall be approved by the Project Manager.
1817. An employee of the Consortium LeaderEnterprise’s unit competent for financial affairs may refuse to approve the Project Manager’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
19. An employee of the Consortium Member’s unit competent for financial affairs may refuse to approve the Consortium Member’s Representative’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
2018. The Grantees undertake Enterprise undertakes to keep separate accounting records concerning implementation of the Project consistently with the transparency principle derived from the Accounting Act of 29 September 1994 in such manner as to enable identification of the individual accounting operations associated with the Project.
2119. The Foundation may withhold payment of a tranche in order to clarify any doubts or to obtain any information in the case of reasonable suspicions that the Project is being implemented in breach of the Agreement, in particular:
a) upon statement of any discrepancies in implementation of the Project in relation to the Project description contained in the Application;
b) the Project Manager’s, the Consortium MemberGrantee’s Representative’s or the Grantees’ failure to provide the information and clarifications referred to in Article 1.181.15; or
c) upon statement of absence of progress in implementation of the Project in relation to the time schedule defined in the Application.
2220. The Grantees Grantee shall not be entitled to any indemnity in the case of a delay in provision of the financing by the Foundation, in particular as a result of:
1a) non-performance or improper performance of the Agreement by the Project Manager, the Consortium Member’s Representative and the GranteesGrantee;
2b) delay in disbursement of the funding due to the factors beyond the Foundation’s control;
3c) absence or shortage of the funds in the Foundation’s account from which payments are made;
4d) withholding of execution of a payment on the terms and conditions referred to in Clause 21 19 of this article and in Article 8.9;
5e) refusal, by the authorised institutions, including, but not limited to, the European Commission, to grant state aid to both the Grantees Enterprise and the Foundation.
Appears in 1 contract
Sources: Grant Agreement
Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto.
21. The financing for implementation of the Project shall be transferred in the form of advance payments consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first second tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1.
3. Receipt of the consecutive tranches shall be conditional upon:
a) paid following: submission by the Project Manager of the correctly completed and full financial report for the second reporting period and progress report (if for the date of payment of a given tranche falls after the date of submission of the progress report);
b) positive review and first reporting period; approval of the reports specified in Clause 3 letter a) of this article; settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – following the Project Manager submitting, along with that report, a justified request for the tranche to be paid and the Foundation granting the request). The receipt of the third and subsequent tranches shall be conditional upon (subject to Clause 5 of this article): subsequent submissions by the Project Manager of correctly completed and full financial and progress report reports (if the date of payment of a given tranche falls after the date of submission of the progress report), including approval by the Foundation of the eligible expenditures incurred by reports specified in Clause 4 letter a) of this article, settlement in the Project Manager, the Consortium 4 According financial report of at least 50% of all funds provided to the provisions of the Framework for State aid for research date (and development and innovation (OJ C 198, 27.6.2014, p. 1), in part 2.2. - Indirect State aid to undertakings through public funded research and knowledge dissemination organisations and research infrastructures. Member’s Representative and the Grantees; and
c) if less than 7050% of all advance payments made funds provided to date are settled by the Grantee in the financial report – provisionupon the Project Manager submitting, along with that this report, a justified request for the tranche to be paid and the Foundation granting the request). The last tranche shall be paid following: settlement in the financial report of the updated budget calculator by at least 70% of all funds provided to date, the Project Manager submitting an updated tranche payment schedule and its approval by the Foundation.
4Foundation approving the schedule. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5.
5. Settlement of an advance payment the funds provided consists in showing in the financial report of the eligible expenditures settling the tranche of the advance payment.
6tranches that have been provided. The amount of the funding not expensed at the end of the budget year shall remain at the Project Manager and ▇▇▇▇▇▇▇▇’ Grantee’s disposal during the following budget year.
7year in the Enterprise’s bank account dedicated for the purposes of Project implementation. The amount of the funding specified in Article 1.1 may be reduced, in particular:
a) : by the amount reimbursable on account of any irregularities;
b) ; in the case of a failure to attain the indicators, in proportion to the degree of their non- non-attainment; or
c) or upon statement of non-utilisation of the Project financing by the Foundation or the Project Manager’s failure to report the reasons for its non-utilisation. In such case, the Foundation shall have the right to both reduce the amount of the funding and to make changes to the Budget;
d) ; as a result of an analysis of the reports and of the conducted inspections or failure to attain (including suspected non-attainment) of the Project assumed results at any given stage.
8. Incurring by the Project Manager, Manager or by the Consortium Member’s Representative or the Grantees Enterprise of the eligible expenditures in the amount higher than specified in Article 1.1 shall not serve as the basis for increasing the amount of the funding granted.
9. The expenditures beyond the total amount specified in Article 1.1, including the expenditures derived from an increase of the total cost of implementation of the Project, shall be incurred by the Grantees Enterprise and shall constitute ineligible expenditures.
10. The Grantees Enterprise shall be obliged to assure by themselves itself the financing of the costs constituting their the Enterprise’s required own contribution and ineligible expenditures necessary for implementation of the Project.
11. The financing intended for the Project-related part shall be transferred to the Consortium LeaderEnterprise’s dedicated interest-bearing bank account No No. ………………………..…………………... In commercially justified cases, the bank account may be non-interest bearing.
12. In the case of execution of a payment by the Foundation to an account with a wrong number as a result of a the Enterprise’s default upon the obligation referred to in Article 16.6, the costs associated with re- re-execution of the payment and all consequences of the attempts to recover the amount representing unjust enrichment by a third party, including the consequences of the loss of that amount, shall burden the Consortium LeaderEnterprise. The Consortium Leader Enterprise shall be liable jointly and severally with an unjustly enriched third party and shall be obliged to return, at the Foundation’s request, the full amount providedto the bank account with the wrong number. At the time of return of the full amount, the Foundation shall declare that it transfers to the Consortium Leader Enterprise the title in any and all recourse financial claims it may hold against the unjustly enriched third party.
13. The Project Manager shall be liable for distributing funds among the Grantees, in accordance with this Agreement, the Application and the Competition Documentation. The Consortium Leader shall be liable for transferring funds to the Consortium Member. The Foundation shall not be liable for incorrect distribution or failure to transfer all or part of the funds by the Consortium Leader and any all claims of any Grantee against the Foundation in this respect are hereby excluded.
14. The Consortium Leader Enterprise shall be obliged to return the bank interest accrued in the Consortium Leader and Consortium MemberEnterprise’s bank account during a given calendar year on the funding amount transferred in the form of an advance payment by January the 20th of the year following payment of the advance, by way of a separate funds transfer to the bank account designated by the Foundation.
15. The Foundation shall disburse the financing earmarked for implementation of the Project, subject to availability of the financing provided by SG OP Intermediary Authority for implementation of the TEAM TECH ProgrammeHOMING/POWROTY grant project, from the Foundation’s dedicated bank account.
16. The payments from the bank account referred to in Clause 11 13 of this article may be made exclusively as the payments in consideration of the expenditures eligible for financing under the Project, in the amount corresponding to the funding of those expenditures.
17. The Project Manager shall be the administrator of the grant. Expenditure by the Grantees Enterprise of the financing provided by the Foundation for the Project-related part, including the indirect costs incurred in connection with implementation of the Project and settled using the lump sum method, shall be approved by the Project Manager.
18. An employee of the Consortium LeaderEnterprise’s unit competent for financial affairs may refuse to approve the Project Manager’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
19. An employee of the Consortium Member’s unit competent for financial affairs may refuse to approve the Consortium Member’s Representative’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
20. The Grantees undertake Enterprise undertakes to keep separate accounting records concerning implementation of the Project consistently with the transparency principle derived from the Accounting Act of 29 September 1994 in such manner as to enable identification of the individual accounting operations associated with the Project.
21. The Foundation may withhold payment of a tranche in order to clarify any doubts or to obtain any information in the case of reasonable suspicions that the Project is being implemented in breach of the Agreement, in particular:
a) : upon statement of any discrepancies in implementation of the Project in relation to the Project description contained in the Application;
b) ; the Project Manager’s, the Consortium MemberGrantee’s Representative’s or the Grantees’ failure to provide the information and clarifications referred to in Article 1.181.15; or
c) or upon statement of absence of progress in implementation of the Project in relation to the time schedule defined in the Application.
22. The Grantees Grantee shall not be entitled to any indemnity in the case of a delay in provision of the financing by the Foundation, in particular as a result of:
1) : non-performance or improper performance of the Agreement by the Project Manager, the Consortium Member’s Representative and the Grantees;
2) Grantee; delay in disbursement of the funding due to the factors beyond the Foundation’s control;
3) ; absence or shortage of the funds in the Foundation’s account from which payments are made;
4) ; withholding of execution of a payment on the terms and conditions referred to in Clause 21 of this article and in Article 8.9;
5) ; refusal, by the authorised institutions, including, but not limited to, the European Commission, to grant state aid to both the Grantees Enterprise and the Foundation.
Appears in 1 contract
Sources: Grant Agreement
Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto.
21. The financing for implementation of the Project shall be transferred in the form of advance payments consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first second tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1.
3. Receipt of the consecutive tranches shall be conditional upon:
a) paid following: submission by the Project Manager of the correctly completed and full financial report for the second reporting period and progress report (if for the date of payment of a given tranche falls after the date of submission of the progress report);
b) positive review and first reporting period; approval of the reports specified in Clause 3 letter a) of this article; settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – following the Project Manager submitting, along with that report, a justified request for the tranche to be paid and the Foundation granting the request). The receipt of the third and subsequent tranches shall be conditional upon (subject to Clause 5 of this article): subsequent submissions by the Project Manager of correctly completed and full financial and progress report reports (if the date of payment of a given tranche falls after the date of submission of the progress report), including approval by the Foundation of the eligible expenditures incurred by reports specified in Clause 4 letter a) of this article, settlement in the Project Manager, the Consortium 4 According financial report of at least 50% of all funds provided to the provisions of the Framework for State aid for research date (and development and innovation (OJ C 198, 27.6.2014, p. 1), in part 2.2. - Indirect State aid to undertakings through public funded research and knowledge dissemination organisations and research infrastructures. Member’s Representative and the Grantees; and
c) if less than 7050% of all advance payments made funds provided to date are settled by the Grantee in the financial report – provisionupon the Project Manager submitting, along with that this report, a justified request for the tranche to be paid and the Foundation granting the request). The last tranche shall be paid following: settlement in the financial report of the updated budget calculator by at least 70% of all funds provided to date, the Project Manager submitting an updated tranche payment schedule and its approval by the Foundation.
4Foundation approving the schedule. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5.
5. Settlement of an advance payment the funds provided consists in showing in the financial report of the eligible expenditures settling the tranche of the advance payment.
6tranches that have been provided. The amount of the funding not expensed at the end of the budget year shall remain at the Project Manager and ▇▇▇▇▇▇▇▇’ Grantee’s disposal during the following budget year.
7year in the Unit’s bank account dedicated for the purposes of Project implementation. The amount of the funding specified in Article 1.1 may be reduced, in particular:
a) : by the amount reimbursable on account of any irregularities;
b) ; in the case of a failure to attain the indicators, in proportion to the degree of their non- non-attainment; or
c) or upon statement of non-utilisation of the Project financing by the Foundation or the Project Manager’s failure to report the reasons for its non-utilisation. In such case, the Foundation shall have the right to both reduce the amount of the funding and to make changes to the Budget;
d) ; as a result of an analysis of the reports and of the conducted inspections or failure to attain (including suspected non-attainment) of the Project assumed results at any given stage.
8. Incurring by the Project Manager, Manager or by the Consortium Member’s Representative or the Grantees Unit of the eligible expenditures in the amount higher than specified in Article 1.1 shall not serve as the basis for increasing the amount of the funding granted.
9. The expenditures beyond the total amount specified in Article 1.1, including the expenditures derived from an increase of the total cost of implementation of the Project, shall be incurred by the Grantees Unit and shall constitute ineligible expenditures.
10. The Grantees Unit shall be obliged to assure by themselves itself the financing of the costs constituting their required own contribution and ineligible expenditures necessary for implementation of the Project.
11. The financing intended for the Project-related part shall be transferred to the Consortium LeaderUnit’s dedicated interest-bearing bank account No No. ………………………..…………………... In commercially justified cases, the bank account may be non-interest bearing.
12. In the case of execution of a payment by the Foundation to an account with a wrong number as a result of a the Unit’s default upon the obligation referred to in Article 16.615.6, the costs associated with re- re-execution of the payment and all consequences of the attempts to recover the amount representing unjust enrichment by a third party, including the consequences of the loss of that amount, shall burden the Consortium LeaderUnit. The Consortium Leader Unit shall be liable jointly and severally with an unjustly enriched third party and shall be obliged to return, at the Foundation’s request, the full amount providedto the bank account with the wrong number. At the time of return of the full amount, the Foundation shall declare that it transfers to the Consortium Leader Unit the title in any and all recourse financial claims it may hold against the unjustly enriched third party.
13. The Project Manager shall be liable for distributing funds among the Grantees, in accordance with this Agreement, the Application and the Competition Documentation. The Consortium Leader shall be liable for transferring funds to the Consortium Member. The Foundation shall not be liable for incorrect distribution or failure to transfer all or part of the funds by the Consortium Leader and any all claims of any Grantee against the Foundation in this respect are hereby excluded.
14. The Consortium Leader Unit shall be obliged to return the bank interest accrued in the Consortium Leader and Consortium MemberUnit’s bank account during a given calendar year on the amount of the funding amount transferred in the form of an advance payment by January the 20th of the year following payment of the advance, by way of a separate funds transfer to the bank account designated by the Foundation.
15. The Foundation shall disburse the financing earmarked for implementation of the Project, subject to availability of the financing provided by SG OP Intermediary Authority for implementation of the TEAM TECH ProgrammeHOMING/POWROTY grant project, from the Foundation’s dedicated bank account.
16. The payments from the bank account referred to in Clause 11 13 of this article may be made exclusively as the payments in consideration of the expenditures eligible for financing under the Project, in the amount corresponding to the funding of those expenditures.
17. The Project Manager shall be the administrator of the grant. Expenditure by the Grantees Unit of the financing provided by the Foundation for the Project-related part, including the indirect costs incurred in connection with implementation of the Project and settled using the lump sum method, shall be approved by the Project Manager.
18. An employee of the Consortium LeaderUnit’s unit cell competent for financial affairs may refuse to approve the Project Manager’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
19. An employee of the Consortium Member’s unit competent for financial affairs may refuse to approve the Consortium Member’s Representative’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
20. The Grantees undertake Unit undertakes to keep separate accounting records concerning implementation of the Project consistently with the transparency principle derived from the Accounting Act of 29 September 1994 in such manner as to enable identification of the individual accounting operations associated with the Project.
21. The Foundation may withhold payment of a tranche in order to clarify any doubts or to obtain any information in the case of reasonable suspicions that the Project is being implemented in breach of the Agreement, in particular:
a) : upon statement of any discrepancies in implementation of the Project in relation to the Project description contained in the Application;
b) ; the Project Manager’s, the Consortium MemberGrantee’s Representative’s or the Grantees’ failure to provide the information and clarifications referred to in Article 1.18; or
c) or upon statement of absence of progress in implementation of the Project in relation to the time schedule defined in the Application.
22. The Grantees Grantee shall not be entitled to any indemnity in the case of a delay in provision of the financing by the Foundation, in particular as a result of:
1) : non-performance or improper performance of the Agreement by the Project Manager, the Consortium Member’s Representative and the Grantees;
2) Grantee; delay in disbursement of the funding due to the factors beyond the Foundation’s control;
3) ; absence or shortage of the funds in the Foundation’s account from which payments are made;
4) ; withholding of execution of a payment on the terms and conditions referred to in Clause 21 of this article and in Article 8.9;
5) ; refusal, by the authorised institutions, including, but not limited to, the European Commission, to grant state aid to both the Grantees Unit and the Foundation.
Appears in 1 contract
Sources: Grant Agreement
Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto.
2. The financing for implementation of the Project shall be transferred in the form of advance payments consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1.
3. Receipt of the consecutive tranches shall be conditional upon:
a) submission by the Project Manager of the correctly completed and full financial and progress report (if the date of payment of a given tranche falls after the date of submission of the progress report);
b) positive review and approval of the financial and progress report (if the date of payment of a given tranche falls after the date of submission of the progress report), including approval by the Foundation of the eligible expenditures incurred by the Project Manager, the Consortium 4 According to the provisions of the Framework for State aid for research and development and innovation (OJ C 198, 27.6.2014, p. 1), in part 2.2. - Indirect State aid to undertakings through public funded research and knowledge dissemination organisations and research infrastructures. Member’s Representative and the GranteesGrantee; and
c) if less than 70% of all advance payments made to date are settled by the Grantee in the financial report – provision, along with that report, of the updated budget calculator by the Project Manager and its approval by the Foundation.
4. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5.
5. Settlement of an advance payment consists in showing in the financial report of the eligible expenditures settling the tranche of the advance payment.
6. The amount of the funding not expensed at the end of the budget year shall remain at the Project Manager and ▇▇▇▇▇▇▇▇’ Grantee’s disposal during the following budget yearyear in the Unit’s bank account.
7. The amount of the funding specified in Article 1.1 may be reduced, in particular:
a) by the amount reimbursable on account of any irregularities;
b) in the case of a failure to attain the indicators, in proportion to the degree of their non- attainment; or
c) upon statement of non-utilisation of the Project financing by the Foundation or the Project Manager’s failure to report the reasons for its non-utilisation. In such case, the Foundation shall have the right to both reduce the amount of the funding and to make changes to the Budget;
d) as a result of an analysis of the reports and of the conducted inspections or failure to attain (including suspected non-attainment) of the Project assumed results at any given stage.
8. Incurring by the Project Manager, Manager or by the Consortium Member’s Representative or the Grantees Unit of the eligible expenditures in the amount higher than specified in Article 1.1 shall not serve as the basis for increasing the amount of the funding granted.
9. The expenditures beyond the total amount specified in Article 1.1, including the expenditures derived from an increase of the total cost of implementation of the Project, shall be incurred by the Grantees Unit and shall constitute ineligible expenditures.
10. The Grantees Unit shall be obliged to assure by themselves itself the financing of the costs constituting their required own contribution and ineligible expenditures necessary for implementation of the Project.
11. The financing intended for the Project-related part shall be transferred to the Consortium LeaderUnit’s dedicated interest-bearing bank account No No. ………………………..…………………... In commercially justified cases, the bank account may be non-interest bearing.
12. In the case of execution of a payment by the Foundation to an account with a wrong number as a result of a the Unit’s default upon the obligation referred to in Article 16.615.6, the costs associated with re- re-execution of the payment and all consequences of the attempts to recover the amount representing unjust enrichment by a third party, including the consequences of the loss of that amount, shall burden the Consortium LeaderUnit. The Consortium Leader Unit shall be liable jointly and severally with an unjustly enriched third party and shall be obliged to return, at the Foundation’s request, the full amount providedto the bank account with the wrong number. At the time of return of the full amount, the Foundation shall declare that it transfers to the Consortium Leader Unit the title in any and all recourse financial claims it may hold against the unjustly enriched third party.
13. The Project Manager shall be liable for distributing funds among the Grantees, in accordance with this Agreement, the Application and the Competition Documentation. The Consortium Leader shall be liable for transferring funds to the Consortium Member. The Foundation shall not be liable for incorrect distribution or failure to transfer all or part of the funds by the Consortium Leader and any all claims of any Grantee against the Foundation in this respect are hereby excluded.
14. The Consortium Leader Unit shall be obliged to return the bank interest accrued in the Consortium Leader and Consortium MemberUnit’s bank account during a given calendar year on the amount of the funding amount transferred in the form of an advance payment by January the 20th of the year following payment of the advance, by way of a separate funds transfer to the bank account designated by the Foundation.
1514. The Foundation shall disburse the financing earmarked for implementation of the Project, subject to availability of the financing provided by SG OP Intermediary Authority for implementation of the TEAM TECH Programme, from the Foundation’s dedicated bank account.
1615. The payments from the bank account referred to in Clause 11 of this article may be made exclusively as the payments in consideration of the expenditures eligible for financing under the Project, in the amount corresponding to the funding of those expenditures.
1716. The Project Manager shall be the administrator of the grant. Expenditure by the Grantees Unit of the financing provided by the Foundation for the Project-related part, including the indirect costs incurred in connection with implementation of the Project and settled using the lump sum method, shall be approved by the Project Manager.
1817. An employee of the Consortium LeaderUnit’s unit cell competent for financial affairs may refuse to approve the Project Manager’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
19. An employee of the Consortium Member’s unit competent for financial affairs may refuse to approve the Consortium Member’s Representative’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement.
2018. The Grantees undertake Unit undertakes to keep separate accounting records concerning implementation of the Project consistently with the transparency principle derived from the Accounting Act of 29 September 1994 in such manner as to enable identification of the individual accounting operations associated with the Project.
2119. The Foundation may withhold payment of a tranche in order to clarify any doubts or to obtain any information in the case of reasonable suspicions that the Project is being implemented in breach of the Agreement, in particular:
a) upon statement of any discrepancies in implementation of the Project in relation to the Project description contained in the Application;
b) the Project Manager’s, the Consortium MemberGrantee’s Representative’s or the Grantees’ failure to provide the information and clarifications referred to in Article 1.18; or
c) upon statement of absence of progress in implementation of the Project in relation to the time schedule defined in the Application.
2220. The Grantees Grantee shall not be entitled to any indemnity in the case of a delay in provision of the financing by the Foundation, in particular as a result of:
1) non-performance or improper performance of the Agreement by the Project Manager, the Consortium Member’s Representative and the GranteesGrantee;
2) delay in disbursement of the funding due to the factors beyond the Foundation’s control;
3) absence or shortage of the funds in the Foundation’s account from which payments are made;
4) withholding of execution of a payment on the terms and conditions referred to in Clause 21 19 of this article and in Article 8.9;
5) refusal, by the authorised institutions, including, but not limited to, the European Commission, to grant state aid to both the Grantees Unit and the Foundation.
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Sources: Grant Agreement