Arts Development Fund

Transcription

1 Sample Annex II This Undertaking is made on In favour of (Date) The Government of the Hong Kong Special Administrative Region as represented by the Secretary for Home Affairs (SHA) Arts Development Fund In consideration of a grant from the Arts Development Fund (Fund) up to HK$ (Grant), to be made available to me/us for the purpose of the following project (Project): Project Title : Project Reference No. : Project Date : I/We, the undersigned, whose details are set out below (Grantee), hereby undertake to comply with and observe all of the following terms and conditions (Terms and Conditions): (a) (b) (c) (d) I/we will carry out the Project in compliance with (1) my/our application for the Grant and submitted to, and approved by SHA including the Project budget and plan as contained in that application (Application); (2) all the conditions of the Grant contained in the approval letter from SHA; (3) the terms and conditions set out in the Notes for the Applicants, and the Guidance Note for Completion of the Project Report Form issued by SHA in relation to the Fund; and (4) all existing and future guidelines as may be issued by SHA from time to time in relation to the Fund. I/we shall notify SHA in writing details of any material changes of the information or proposals set out in my/our Application including without limitation any changes to the Project plan and budget, and provide such further information concerning such changes as SHA may request. In the event the Project is terminated for whatever reasons, I/we shall notify SHA in writing immediately to explain the reasons for the termination. In the event of the termination of the Project as mentioned in paragraph (c) above or changes as mentioned in (b) above, I/we understand and agree that SHA has the discretion to withdraw its approval of the Grant or reduce the amount of the Grant. I/we shall have no further claim against the Government arising from such withdrawal or reduction regardless of the reasons for the termination or change.

2 2 (e) (f) (g) (h) (i) (j) (k) I/we shall give appropriate acknowledgement of the Fund in the implementation of the approved Project, for example, including in the publicity or published materials associated with the Project an acknowledgment that the Project is supported by the Arts Development Fund of the Home Affairs Bureau, the Government of the Hong Kong Special Administrative Region. Should representatives of SHA or the relevant overseas office of the Hong Kong Special Administrative Region Government (if applicable) request to do so, I/we shall procure these representatives to attend the activity or performance carried out by me/us under the Project. We/I shall seek the prior written approval from SHA before I/we accept any donation, assistance or sponsorship (in cash or in kind), offer for partnership or other kinds of assistance from any other organisations or individuals for the Project. I/we shall keep detailed books and records and supporting documents (e.g. receipts, bills and invoices) as documentary evidence to prove the income and expenditure for the Project and for reimbursement purpose. Within four months of the completion of the Project, I/we shall, according to the requirements of the Guidance Note for Completion of the Project Report Form, submit to SHA a full Project report including a statement of accounts supported by original receipts (Project Report). The statement of accounts shall relate to the Project itself, and shall show clearly all income and expenditure arising from or in connection with the Project, and all assets and liabilities of the Project as at the date of the completion of the Project. All of the information shall be shown as separate items. If the Grant is above HK$100,000, the statement of accounts contained in the Project Report shall be audited by a practising certified public accountant in compliance with accounting principles generally accepted in Hong Kong. The auditor shall further certify that all Terms and Conditions have been complied with and observed by me/us. I/we shall seek the prior written approval of SHA if for any reason it becomes evident that the Project Report cannot be delivered by the deadline specified in paragraph (i) above. I/we acknowledge and agree that if there has been delay for more than one month in complying with the aforesaid deadline (as extended by SHA, if any), SHA has the full discretion to withdraw its approval for the Grant, and/or reduce the amount of the Grant. If the Project is approved funding for production of video tapes or discs on the cultural exchange activity, one copy of the video tape or disc of the recorded activity shall be submitted as part of the Project Report for the promotion of arts and culture by the Government. I/we shall be responsible for obtaining all necessary licences, approvals and consents which are required whether under the laws of Hong Kong and/or under the laws of the place where the activity is held

3 3 for complying with this paragraph including all necessary consents for recording the activity on the video tape or disc and for providing the Government with copies of the video tape or disc and for use by the Government for the promotion of arts and culture as mentioned in this provision. (l) The amount of the Grant as specified at the top of this Undertaking is for reference only and is not binding on the Government. I/we will only be paid (1) the aforesaid amount of Grant or (2) the actual expenditure on the approved items for the Project as listed in the approval letter less all incomes and other sponsorship or assistance for the Project (in cash or in kind) as shown in the Project Report, whichever is the less. This amount will only be paid to me/us upon acceptance by SHA of the Project Report. (m) I/we shall allow SHA and the Director of Audit or their representatives to audit, examine, enquire into and have unhindered access to and take copies of our records, books and accounts, and I/we shall explain to them any matters relating to the receipts and expenditure upon request. (n) (o) Upon SHA s request, I/we shall allow the Commissioner of the Independent Commissioner Against Corruption or its authorised representatives to examine the management and control procedures which I/we have put in place for the purpose of providing corruption prevention advice to me/us, and I/we shall follow the advice given and shall take remedial actions as appropriate. I/we hereby warrant that all intellectual property rights subsisting in the Project Report and all content therein (including photographs) (collectively, Project Materials) vest in me/us since their creation or alternatively I/we have valid and subsisting licences to use the Project Materials and to grant the licence to the Government as follows. I/we as the owner of the intellectual property rights or lawful licensee hereby grant, and if necessary will further procure the owner of the relevant intellectual property rights to grant, a royalty-free, transferable, sub-licensable, irrevocable, worldwide licence to the Government, its authorized users successors-in-title and assigns to use the Project Materials including those usages and acts specified in section 22(1) of the Copyright Ordinance in relation to the Project Materials including without limitation to use, reproduce, adapt and/or distribute all or any part of the Project Materials for the purpose of promoting arts and culture at any time and without limitation in time. The licence hereby granted by me/us and/or procured to be granted shall subsist for so long as all and any intellectual property rights continue to subsist in such Project Materials under the laws of Hong Kong. I/we as author and/or performer, hereby waive my/our moral rights, and shall procure all other authors and/or performers of the Project Materials to waive their moral rights, in the Project Materials (whether past, present or future) in favour of the Government, its authorized users, successors-in-title and assigns. Such waiver shall take effect immediately upon the date of this Undertaking.

4 4 (p) (q) (r) If requested by the Government, I/we shall sign and execute or procure that there will be signed and executed, any document or licence as may be necessary to ensure that the licences provided in paragraph (o) above are so given in accordance with the terms thereof. I/we shall ensure that no intellectual property rights of any third party will be infringed by me/us in the conduct of the Project or by me/us in granting or procuring to be granted the licences specified in paragraph (o) above. I/we hereby represents and warrants that: i. the Project shall be performed and completed in an impartial, timely and diligent manner; ii. all information supplied, and statements and representations made by me/us or on my/our behalf in the Application for the Grant, and from time to time, and those contained in the Project Report and Project Materials are true, accurate and complete; and iii. I/we shall comply, and shall ensure every person employed or engaged by me/us for the purposes of the Project comply, with all applicable laws and regulations in the conduct of the Project. (s) I/we shall indemnify and keep indemnified the Government from and against: i. all and any claims, actions, investigations, demands, proceedings, threatened, brought or instituted against the Government; and ii. all liabilities, damages, losses, costs, charges and expenses which the Government may sustain or incur, which in any case arise directly or indirectly from, or as a result of, or in connection with, or which relate in any way to: i. any accidental damage to property or personal injury or death suffered by any person as a result of any activity organised or carried out by me/us in the performance of the Project; ii. the breach by me/us of any provision in the Terms and Conditions; iii. my/our negligence, recklessness, or wilful misconduct or that of my/our employee, agent, partner, consultant, sub-contractor or volunteer in the conduct of the Project; or iv. the Project or the Project Materials or any part thereof infringes or is alleged to infringe the intellectual property right of a third party.

5 5 (t) (u) I/we hereby also agree that SHA reserves the right to withdraw its approval for all or any part of the Grant if I/we are in default of any of the Terms and Conditions. I acknowledge and agree with the following provisions concerning personal data belonging to me/us or another person from time to time provided to SHA: i. The personal data of any individual provided by me/us whether in the Application for the Grant or from time to time (collectively, personal data ) may be used by the Government for the purposes of conducting research and surveys, monitoring the Project, exercising its rights and powers under the Terms and Conditions and all other purposes arising from or incidental to the aforementioned purposes. ii. I/we acknowledge and consent and has ensured that the relevant individual to whom the personal data belongs has acknowledged and consented that the personal data provided may be disclosed to other government departments or bureaux or other public bodies or the public or such other person as the Government considers appropriate having due regard of the purposes mentioned in sub-paragraph (u)i above. (v) The Terms and Conditions including this Undertaking shall be governed by and construed in accordance with the laws of Hong Kong. Each of the parties hereto agrees to be subject to the exclusive jurisdiction of the courts of Hong Kong. (w) In this Undertaking except where the context otherwise requires: i. a person includes any body of persons whether incorporated or unincorporated; ii. this Undertaking shall be binding on my/our permitted assigns, administrators, personal representatives, or any person deriving title under me/us (as the case may be); iii. intellectual property rights means patents, trade marks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights of whatever nature and wheresoever arising, whether now known or hereafter created, and in each case whether registered or unregistered and including applications for the grant of any such rights; iv. In the event of any inconsistency between two or more documents comprised in the Terms and Conditions, the following order of precedence shall be applied to resolve such inconsistency: this Undertaking; the letter of approval from SHA;

6 6 the Application; the Notes for the Applicants, and the Guidance Note for Completion of the Project Report Form issued by SHA in relation to the Fund; and the guidelines from time to time issued by SHA in relation to the Fund. SIGNED BY the GRANTEE/ an authorised signatory for and on behalf of the GRANTEE } } } Name and company chop (if appropriate) of the Grantee: Name and post title of the authorised signatory on behalf of the Grantee: (in block letters, surname first) Date: Note Where the Grantee is an unincorporated entity (for example a society registered under the Society Ordinance), this undertaking shall be signed by the president or the head of the organization as Grantee who shall assume personal liability as Grantee under these Terms and Conditions.