Partner Agreement HOPE Horizons in Physics Education Agreement number: 2013 3710 /001 001 Project number: 540130 LLP 1_FR ERASMUS ENW 1
PARTNER AGREEMENT Université Pierre et Marie Curie, whose registered office is at 4 place Jussieu 75005 Paris, represented by Professor Jean CHAMBAZ, hereinafter referred to as the Contractor and the 71 full partners, hereinafter referred to as Partners, and the 20 associated institutions, hereinafter referred to as Associated Partners. HAVE AGREED THAT Within the framework of the LLP programme Action Erasmus Networks the Contractor has signed the Grant Agreement nr. 2013 3710/001 001 with the Education, Audiovisual and Culture Executive Agency EACEA (hereinafter referred to as Agency) concerning the Project HOPE Horizons in Physics Education, project number 540130 LLP 1 2013 1 FR ERASMUS ENW (hereinafter referred to as Project). This agreement (hereinafter called Grant Agreement) shall form an integral part of the present agreement and is included in Annex A. Article 1 Objective On the basis of the present partner agreement the Contractor and the Partners shall contribute to the success of the Project, together with the other parties (Partners, Associated Partners and Subcontractors), through the achievement of the requirements and in accordance with the terms and conditions stated in the Grant Agreement and in the present partner agreement. Article 2 Duration The present agreement shall come into force on the day when it has been signed by both the Contractor and the Partners respectively but shall have retroactive effect from 01/10/2013 starting date of the contract. This agreement will cover the project duration period as defined in the Grant Agreement (30/09/2016). In the case of an eventual amendment to the project duration accepted by the Agency, this agreement duration will be automatically adjusted to that period. Article 3 Project management The project is managed by Université Pierre et Marie Curie, Paris (FR), the University of Strathclyde (UK) and the University of Udine (IT), referred to as the Management Committee. They are responsibile for managing the activities of the whole project. The management of the project will be based on general principles of division of work, unity of direction, equity and encouraging initiatives. The Contractor manages the project finances including the budget for each partner. 2
Article 4 Obligations of the Contractorand the Partners The Contractor and the Partners shall perform and complete their share of the work under the present agreement in accordance with the requirements and timetable set out in the Grant Agreement (in Annex to this agreement). The parties will use their best endeavours to achieve the results specified therein and shall carry out all of their responsibilities in accordance with recognized professional standards. The Partner shall carry out the work in such a way that no act or omission in relation thereto shall constitute, cause, or contribute to any breach or non compliance by the Contractor, the Partner or any Subcontractor to their respective obligations under the Grant Agreement. The Partners shall provide the personnel, facilities, equipment and material necessary to be able to perform and complete its share of the work under this agreement. The Partner agrees to provide all supporting documents relating to project managment and expenses upon request by the Contractor. Justification of time spent working on the HOPE project in the form of monthly timesheets signed by both the worker and the reponsible of the organisation mentioning name, function and tasks fulfilled, reference to the work programme s activities, number of days per month allocated to the project and corresponding cost per day of the employee. Partners acting on a volunteer basis (retired, students, association members not employed by the association...) do not need to fill the timesheet Justification of expenses relating to operational costs with proper supporting documents as listed in Annex VIII of the Grant Agreement. Article 5 Allocation of Funds The total eligible costs concerning the Partner participation in the Project during the agreement period shall be 1.128.434,00, in accordance with the financial provisions set out in Annex B (Individual Partner Budgets). The Agency will contribute a maximum of 598.634,00, corresponding at the 53,05% of the total Partner eligible costs. In accordance with Annex III of the Grant Agreement, n 2013 3710/001 001 and Annex B of the present partner agreement each Partner agrees to transfer the amount of 750 to the Contractor as indicated under the budget heading Other sources of financing. The contribution is waived for the International Association of Physics Students (P66). The contribution of the European Society of Physics (P70) is 3750, as specified in the detailed budget. Other exceptions will be studied case by case. The allocation of project funding to the Partner is subject to the receipt, by the Contractor, of the respective Project funding from the Agency. Article 6 3
Record Keeping and Reporting The Contractor and the Partners shall be bound by the obligations set and instructions given for the Financial provisions in the Grant Agreement. The Partner shall keep a record of any expenditure incurred under the Project and all proofs and related documents for five years after the end of the period covered by the present agreement. All invoices to the Contractor must be dated and certified as true and exact by the Financial Officer of the Partner. The Contractor may reject any item of expenditure which cannot be justified in accordance with the rules set out in the Rules for Eligible Expenditure. Declarations of Expenditure shall be made in the currency of expenditure. All the payements will be done in EURO, following Contractor regulation. The Partner shall promptly inform the Contractor of any delay in the performance of the activities undertaken by the Partner or a Subcontractor under the present agreement. The Partner agrees to supply to the Contractor all the information that the latter finds necessary concerning the implementation of the present agreement. A Final Report on the Project activities, including a final Declaration of Expenditure and related invoices, must be submitted by the Partner to the Contractor no later than (10) days after the end of the period covered by the agreement. Upon request, the Partner shall make available any documentation on Project finance and activities required by the Agency. Article 7 Meetings organization The project meetings are organised according to the following procedure: Registration to each meeting indicating the arrival and departure date, the number of nights of stay and the type of room reservation required. The Contractor can reserve and pay for the flights. Eligible costs relating to accomodation and restauration will be covered by the Contractor for Partners participating in the meeting. The Management Committee validates the decisions relating to these issues for each meeting. Cultural and social events are not considered as eligible expenditure and thus will not be covered by the project expenses, exept those directly linked to the project objectives. Costs relating to accompanying persons are not considered eligible and are not covered by the project expenses. Eligible expenses are defined in Annex VIII of the Grant Agreement. They must be reasonable, jusitfied and must comply with the principle of sound financial management, in particular regarding economy and efficiency. Excessive or reckless expenditure will not be considered as eligible expenses, as explicitely notified in the Grant Agreement. Article 8 4
Associated Partners According to the Grant Agreement any cost related to the participation of the Associated Partners is NOT eligible. However, on a case by case basis, the Contractor will request, a nominative authorisation from the EACEA to cover these expenses within the Grant Agreement. A formal request by the Associated Partner, justifying their participation to the meeting must be sent to the Contractor one month prior to the meeting. The Associated partner will be informed of the result given. Article 9 Dissemination and Publicity Any communication or publication by the Partners about the project or its activities and results must explicitly indicate with the support of the Lifelong Learning Progamme of the European Union, as specified in the Grant Agreement. Article 10 Invoices Details All invoices sent to the Contractor must concern eligible expenses as listed in the Grant Agreement. The invoices must mention the date, name and address of the Contractor: Université Pierre et Marie Curie, 4 place Jussieu 75252 Paris Cedex 05 France Grant recipients who are project partners cannot be both a provider and invoice UPMC. Article 11 Ownership and copyright Subject to constraints imposed by national legislation, the deliverables of the Project, patents, copyrights and Intellectual Property Rights, as well as reports and other documentation resulting from the present agreement, shall be the property of the Contractor and all the Partners of the Project, apportioned between the Contractor and each Partner pro rata to their shares of the total of all the financial institutional contributions made by the Contractor and the Partners together. No partner shall undertake any commercial activity regarding any of the products resulting from this project without the prior written permission of the whole consortium. Article 12 Termination In the event that the Partner fails to perform any obligations under the present agreement or the Grant Agreement and does not remedy such failure within 30 days after having received a notice in writing from the Contractor specifying the failure and requiring such remedy, then without prejudice to any other rights or remedies, the Contractor shall be entitled to terminate 5
the present agreement forthwith, without the application of any juridical procedures, by notice in writing to the Partner. If the Partner or the Contractor breaches the terms of the present agreement, the other party shall have the right to terminate this agreement. Either party to this agreement shall have the right to terminate this agreement if the other party is insolvent or enters into bankruptcy or liquidation or any other arrangement for the benefit of its creditors. The Contractor shall have the right to terminate the present agreement if a change in the bylaws or composition of the Partner affects the conditions for developing the Project. The Contractor shall have the right to terminate the present agreement if the Partner has made false declarations to the Contractor on work carried out or on expenditure. If the present agreement is so terminated, the Contractor may require the Partner to reimburse all or part of the payments made under this agreement. If the present agreement is terminated for the reason that the Partner fails to perform its obligations under the present agreement, the rights and licenses granted to the Partner pursuant to this agreement shall cease immediately, and the Partner shall forfeit the right to reimbursement for obligations performed. Furthermore, if the agreement is terminated by the Contractor due to non performance of obligations by the Partner, the Partner shall be responsible for and pay any direct cost increase resulting from the necessity to remedy the Partners breach of responsibilities and to assign the tasks of the Partner as specified in the present agreement to one or several parties. Article 13 Liability The Partner shall be solely liable for any loss, destruction, damage, death or injury to the persons or property of the Partner or of the Partner s employees or of third parties resulting directly or indirectly from performance of the work under the present agreement. The Partner shall indemnify the Contractor and any other partner against any claim made against or liability incurred by the Contractor in respect of any infringement by the Partner of any copyright or other industrial property right or any statutory protection in respect of any report or other material supplied by the Partner to the Contractor pursuant to the present agreement. The Contractor shall not be required to provide insurance cover to persons participating in activities undertaken by the Partner under the present agreement. Article 14 Confidentiality The Contractor and the Partner must treat as confidential and must use all reasonable effort to ensure that they do not disclose to any person any information of technical, commercial or financial nature or otherwise relating in any manner to the execution of the Project, except in the circumstances detailed in the following paragraphs. The above clause relating to confidentiality shall remain in force for a period of five years after the completion of work under the Grant Agreement but shall not in any case be deemed to extend to any information which the receiving party can show was at the time of receipt published or otherwise generally available to the public; has after receipt by the receiving party been published or become generally available to the public otherwise than through any act or omission on the part of the receiving party; 6
was already in the possession of the receiving party at the time of receipt without any restrictions on disclosure; was rightfully acquired from others without any undertaking of confidentiality imposed by the disclosing party; was developed independently of the work under the Grant Agreement by the receiving party. The above clause relating to confidentiality shall not be deemed to extend to academic publications and public presentations provided that information beyond the general framework of the project deliverables and the characterization of single test items is not disclosed. However, the Contractor shall be notified of any intention on the part of the Partner to produce such publications and make such presentations. Article 15 Modification of the agreement Changes or amendments to the present agreement shall be approved by both parties and become effective when signed by authorized representatives of both parties. Article 16 Settlement of Disputes and Applicable Law If there is a dispute or difference between the parties arising out of or in connection with the present agreement or out of activities undertaken under the present agreement, including disputes regarding quality, the parties shall first endeavour to settle it amicably. Provided that a dispute cannot be settled amicably, the arbitration of the dispute between the Contractor and the Partners in connection with the present agreement shall be conducted through one man arbitration in accordance with the laws of France and any such arbitration shall take place in a court of law in Paris, France. This agreement is governed by the french law. Annex A. Grant Agreement Annex B. Detail Budget Article 17 The Annexes Place: Paris, France Date: Signature of legal representative: Place: Date: Signature of legal representative: Name and position: Jean Chambaz, President Name and position: 7