Common use of Background included Clause in Contracts

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. 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. ThereforeXxxxxxxxx, DESCA2020 XXXXX0000 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.