Background included. In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background.
Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background.
9.1.2 Any Party may add additional Background to Attachment 1 during the Project provided they give written notice to the other Parties. However, approval of the Steering Committee is needed should a Party wish to modify or withdraw its Background in Attachment 1.
Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background.
9.1.2 Any Party can propose to the General Assembly to modify its Background in Attachment 1. !! Beware – Attachment 1 is a vital document – check what your project partners are listing and (more importantly) not listing!! Earlier framework programmes required the parties to define Background and to make any exclusions "specific". This was translated into the Consortium Agreements by having Background exclusion lists, mostly in addition to the list of Background Included. The MGA for H2020 now obliges the parties to “identify and agree” upon the Background for the Project. Therefore, DESCA2020 proposes to work with actively listed Background. It is the responsibility of the parties to make this ‘agreement on Background’. It seems reasonable to expect that if parties know of a specific need for access rights to specific Background, they will be able to identify this up front (potentially with limitations). In any case, such a duty to inform is explicitly mentioned in Article 25.2 and 25.3 of the MGA) and this information needs to be shared before accession to the GA. The counterpart of working with a positive list is that the parties fully accept that anything not listed simply IS no Background, and that therefore, there is no reason to “exclude” it. That is the reason why there is no need any more to explicitly exclude background in Attachment 1 such as the background of research units not involved in the Project as was usual in FP7 Consortium Agreements.
Background included. Each Party hereby grants the other Party a non-exclusive, royalty-free licence to the relevant part or parts of its Background, and to its Confidential Information, for the sole purpose of carrying out their duties for the successful completion of the Project in terms of the Original Agreement. For the avoidance of doubt, any Access Rights granted under this IP Agreement expressly exclude any rights to grant sub-licences, unless expressly stated otherwise in this IP Agreement or agreed in writing between the Parties concerned. Save in exceptional circumstances, the granting of Access Rights shall be free of any administrative transfer costs. Any and all Access Rights granted under this IP Agreement shall be granted on a non-exclusive, non-transferable and worldwide basis, if not otherwise agreed in writing by the Parties concerned. Access Rights to Results and Background Needed by a Party for the implementation of its own tasks under the Project are hereby requested (in accordance with the requirements of the Original Agreement), and shall be deemed granted, as of the date of the Original Agreement entering into force, on a royalty-free basis to and by all Parties, and shall either terminate automatically upon completion of the Project or upon Termination, as applicable, subject to the provisions of Section 6.6.
Background included. 9.1.1 In Annex 2, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Annex 2 shall not be the object of Access Right obligations regarding Background.
9.1.2 Any Party may add further own Background to Annex 2 during the Project by written notice to the other Parties. However, approval of the Steering Committee is needed should a Party wish to modify or withdraw its Background in Annex 2.
Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background.
9.1.2 Any Party may add further own Background to Attachment 1 during the Project by written notice to the other Parties. However, approval of the General Assembly is needed should a Party wish to modify or withdraw its Background in Attachment 1.
9.1.3 The Parties must – on a royalty-free basis – give access to the recruited ESR:s to Background necessary for their research training activities under this Project.
Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background. Be aware – Attachment 1 is a vital document – check what your project partners are listing and (more importantly) not listing! Attachment 1 constitutes the agreement on Background that is mentioned in MGA Article 16.1 and its Annex 5, Section “Agreement on Background”. It seems reasonable to expect that if Parties know of a specific need for Access Rights to specific Background, they will be able to identify this up front (including limitations, if any). In any case, such a duty to inform is explicitly mentioned in MGA Annex 5, Section “Access rights to results and background” and this information needs to be shared before accession to the MGA. In addition, if it becomes apparent during the Project that further Background is needed, the Parties have to make use of Section 9.1.2 and add such Background.
9.1.2 Any Party may add additional Background to Attachment 1 during the Project provided they give written notice to the other Parties. However, approval of the General Assembly is needed should a Party wish to modify or withdraw its Background in Attachment 1.
Background included. 9.1.1. In Appendix 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits.
9.1.2. Any Party can propose to the Project Assembly to modify its Background in Appendix 1.
Background included. 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background. The Parties agree, however, to negotiate in good faith additions to Attachment 1 if a Party asks them to do so, provided it is needed.
9.1.2 Any Party may add further own Background to Attachment 1 during the Project by written notice to the other Parties. However, approval of the Steering Committee is needed should a Party wish to modify or withdraw its Background in Attachment 1.
Background included. “Positive List”
9.1.1 Each Party identifies in Attachment 1 references to its Background which means it is prepared to grant Access Rights for the implementation of the Action or Exploitation of any Results. In addition, each Party may, during the term of the Action, add to Attachment 1 a reference to any of its Background not yet so listed.
9.1.2 There shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is not listed as included in Attachment 1 to this PCA (“Unlisted Background”), unless introduced into the Action as in the definition of “Background” under ii. Each Party agrees not to use, in the implementation of the Action, any of its Unlisted Background unless introduced into the Action as in the definition of “Background” under ii, if such use would result in such Unlisted Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, notwithstanding the first sentence of this sub-paragraph, if a Party uses any of its Unlisted Background held by it in a manner that such Unlisted Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Unlisted Background shall be deemed included in Attachment 1.
