Common use of Involvement of third parties Clause in Contracts

Involvement of third parties. A Party that enters into a subcontract or otherwise involves third parties (including but not limited to Affiliated Entities or other Participants) in the Project remains responsible for carrying out its relevant part of the Project and for such third party’s compliance with the provisions of this Consortium Agreement and of the Grant Agreement. Such Party has to ensure that the involvement of third parties does not affect the rights and obligations of the other Parties under this Consortium Agreement and the Grant Agreement. Entities which are linked to a beneficiary as so-called Affiliated Entities (Article 8 Horizon Europe MGA – formerly in H2020 referred to as Linked Third Parties) may be involved in the implementation of specific tasks within the Project only if they are foreseen in the Grant Agreement, see Article 8 MGA. Involving other Participants such as - associated partners - third parties giving in-kind contributions to the Action - subcontractors - recipients of financial support to third parties: is covered by MGA Article 9. Third party means any entity (whether Affiliated Entity or other Participant) which is not a signatory to this Consortium Agreement. A Party involving a third party retains sole responsibility towards the Granting Authority and other Parties. Parties involving third parties have to ensure that Access rights of the other Parties regarding Background and Results are not impacted. A Party in that case also has to ensure that the Granting Authority, the European Court of Auditors (ECA) and the European Anti-fraud Office (▇▇▇▇) can exercise their rights under Article 25 of the MGA also towards the third parties. Be aware – in cases where MGA Annex 3a (Declaration on joint and several liability of Affiliated Entities) has been signed by Affiliated Entities, we recommend having the Affiliated Entities sign an equivalent declaration form.