Common use of Costs and Payments Clause in Contracts

Costs and Payments. The Parties that perform the work in the Project will be reimbursed their costs as set out in Vinnova’s General Terms and Conditions. Reimbursement to the Parties (for costs actually incurred and in relation to achieved milestones) shall be in accordance with Xxxxxxx’s decision. The Project Manager is responsible for follow-up and reporting of the Project’s total costs. In this connection, the actual use of resources shall be reported as the sum of: payments for work undertaken by the Parties the financing amount for the Parties costs associated with the Project relating to administration and management, as set out in Clauses 4 and 5. For the purpose of following up and reporting the Project, the Parties shall assist the Project Manager with data and documentation as outlined in Vinnova’s decision and General Terms and Conditions. No final payment need be made until the final Project report, approved by the Project Group, has been submitted to the Project Coordinator. Clause 8 Obligations and responsibilities of the Parties The Parties undertake to implement the Project to the best of their abilities in accordance with the Project Description. Where it lacks the requisite expertise or time for a given task, a Party is entitled to engage a third party, provided that Xxxxxxx and the other Parties have given their written consent. Where a third party (known as a subsidiary consultant) is engaged, the Party that has engaged the subsidiary consultant is responsible for the subsidiary consultant in the same way as for itself. Reimbursement for the engagement of a subsidiary consultant that exceeds the financing agreed in the Project Agreement shall be agreed separately when obtaining the written consent to engagement of the subsidiary consultant. A Party shall not be responsible for submitted information being usable or free of third-party rights. Nor shall a Party be liable for injury or damage, be it personal injury, moral prejudice, financial or other damage, resulting from another Party’s use of the information. All the Parties undertake to implement their research in the project in accordance with good research practices as described by “The European Code of Conduct for Research Integrity” (xxx.xxx.xxx) and “Investigating Research Misconduct Allegations in International Collaborative Research Projects1: A Practical Guide” (xxx.xxxx.xxx/xxx/xxx) and to promptly report suspected deviations, particularly suspected research misconduct, to all representatives of the Project Group, to investigate such reported suspicions in accordance with the Parties’ own guidelines and procedures, to cooperate and assist in the investigation of suspected misconduct in research, to accept the results of such investigations (including the outcome of any appeals) and to take adequate measures. Clause 9 Confidential Information Circumstances may arise where the Parties provide each other with information of a Confidential nature. Information is only deemed Confidential Information where, if disclosed in writing, it is clearly marked “Confidential”, or, if disclosed verbally, it is clearly stated as being Confidential Information on the occasion of its disclosure and is then confirmed as being Confidential Information no later than fifteen (15) days after the date of its disclosure. At a Party’s request, such information must be treated as confidential both during the term of this Agreement and for five (5) years thereafter. In performing the work and in processing information obtained, a Party thereby undertakes to take whatever measures are required to maintain confidentiality. The confidentiality undertaking also means that a Party that has received Confidential Information may not divulge it to third parties not involved in the Project, unless it has a special agreement to do so. Written information shall be considered Confidential if marked “Confidential”. Verbal information shall be deemed Confidential if this is confirmed at the time the information is provided. Electronic information (e.g. measurement data) shall be considered confidential if marked “confidential” or if this is confirmed at the time the information is provided. Confidential Information that has been handed over shall be returned to the other Party immediately this Agreement expires. Information that would be an unreasonable burden on the recipient to destroy, such as electronic back-up or other electronically stored information, need not be destroyed, however. Copies may however be retained, insofar as a Party is required to do this by law. Information shall not be deemed Confidential in the following cases: On receipt by the receiving Party, it is or later becomes public knowledge or available to the public in a manner other than through a breach of this Project Agreement. On receipt by the receiving Party, it was already known to the other Party or was already in its possession. The receiving Party has obtained it from a third party that is not bound by a duty of confidentiality or other restrictions on divulging it. The receiving Party has itself produced the information independently of the Confidential Information belonging to the original Party. It is divulged or disclosed in accordance with a law, ordinance or court decision. Each Party undertakes to ensure that only such employees have access to the Confidential Information as have a direct need to be acquainted with it for their work or the exercise of their duties (e.g. as file clerk, decision maker, lawyer, responsible administrative officer) as part of the Project. Information that is Confidential may only be disclosed to a third party that needs the information for its work/assignments/activity within the Project. Furthermore, this shall be subject to the original Party having given its consent and being allowed the opportunity to enter into a separate confidentiality agreement with the third party in question. Documents received by Xxxxxxx, the University and other relevant authorities are governed by the principle of public access and the Public Access to Information and Secrecy Act. Any Confidential results from a research project do not need to be submitted to Vinnova but may be retained within the relevant research body. In these cases a project abstract without the Confidential results should be submitted instead. An undertaking of an agency or authority under this Clause 9 only applies subject to compliance with the legislation governing the agency or authority. Clause 10 Publication A research body that is a Party to this Agreement, as well as the participating researchers, are entitled to publish or otherwise make public project results to the extent and subject to the limitations set out below. Any restriction on making public the results under this Clause 10 may only prevail if the results or a part thereof are the Confidential Information of another Party as provided for in Clause 9, bearing in mind that a Party may demonstrate that premature publication in some other way would be to the evident detriment of that Party’s interests. The Parties shall be afforded an opportunity to study the material and submit any patent application. This opportunity shall be offered in good time, at least 60 days before the intended date of publication or other manner of making the results public. Receipt of the material shall be confirmed without delay by the receiving Party. The Parties shall submit responses to the publication proposal no later than 30 days before the intended date of publication. From June through August, responses are to be made within 45 days. In the absence of a response, consent to publication shall be deemed given. Where a Party that objects to publication on the grounds that the published work contains information that the Party in question wishes to patent, or that the published work contains Confidential Information belonging to that Party, the Parties shall discuss a possible solution, e.g. on the basis of deleting the Confidential Information and/or reworking the published work, or by submitting a patent application. Publication may not however be delayed for longer than three (3) months from the time indicated in the preceding paragraph, i.e. the deadline for submission of responses to the publication proposal. For the sake of clarity, the Agreement’s provisions governing Confidential Information in Clause 9 apply also in the case of publication. In connection with the publication of Project Results, Parties and researchers who are involved in the production of these results must be named. The Parties are agreed that, in accordance with the purpose of the Strategic Innovation Programme, they should allow research results to be distributed to other research bodies throughout Sweden. Distribution will be decided by the Project Group.

Costs and Payments. The Parties that perform the work in the Project will be reimbursed their costs as set out in Vinnova’s General Terms and Conditions. Reimbursement to the Parties (for costs actually incurred and in relation to achieved milestones) shall be in accordance with XxxxxxxVinnova’s decision. The Project Manager is responsible for follow-up and reporting of the Project’s total costs. In this connection, the actual use of resources shall be reported as the sum of: payments for work undertaken by the Parties the financing amount for the Parties costs associated with the Project relating to administration and management, as set out in Clauses 4 and 5. For the purpose of following up and reporting the Project, the Parties shall assist the Project Manager with data and documentation as outlined in Vinnova’s decision and General Terms and Conditions. No final payment need be made until the final Project report, approved by the Project Group, has been submitted to the Project Coordinator. Clause 8 Obligations and responsibilities of the Parties The Parties undertake to implement the Project to the best of their abilities in accordance with the Project Description. Where it lacks the requisite expertise or time for a given task, a Party is entitled to engage a third party, provided that Xxxxxxx Vinnova and the other Parties have given their written consent. Where a third party (known as a subsidiary consultant) is engaged, the Party that has engaged the subsidiary consultant is responsible for the subsidiary consultant in the same way as for itself. Reimbursement for the engagement of a subsidiary consultant that exceeds the financing agreed in the Project Agreement shall be agreed separately when obtaining the written consent to engagement of the subsidiary consultant. A Party shall not be responsible for submitted information being usable or free of third-party rights. Nor shall a Party be liable for injury or damage, be it personal injury, moral prejudice, financial or other damage, resulting from another Party’s use of the information. All the Parties undertake to implement their research in the project in accordance with good research practices as described by “The European Code of Conduct for Research Integrity” (xxx.xxx.xxx) and “Investigating Research Misconduct Allegations in International Collaborative Research Projects1: A Practical Guide” (xxx.xxxx.xxx/xxx/xxx) and to promptly report suspected deviations, particularly suspected research misconduct, to all representatives of the Project Group, to investigate such reported suspicions in accordance with the Parties’ own guidelines and procedures, to cooperate and assist in the investigation of suspected misconduct in research, to accept the results of such investigations (including the outcome of any appeals) and to take adequate measures. Clause 9 Confidential Information Circumstances may arise where the Parties provide each other with information of a Confidential nature. Information is only deemed Confidential Information where, if disclosed in writing, it is clearly marked “Confidential”, or, if disclosed verbally, it is clearly stated as being Confidential Information on the occasion of its disclosure and is then confirmed as being Confidential Information no later than fifteen (15) days after the date of its disclosure. At a Party’s request, such information must be treated as confidential both during the term of this Agreement and for five (5) years thereafter. In performing the work and in processing information obtained, a Party thereby undertakes to take whatever measures are required to maintain confidentiality. The confidentiality undertaking also means that a Party that has received Confidential Information may not divulge it to third parties not involved in the Project, unless it has a special agreement to do so. Written information shall be considered Confidential if marked “Confidential”. Verbal information shall be deemed Confidential if this is confirmed at the time the information is provided. Electronic information (e.g. measurement data) shall be considered confidential if marked “confidential” or if this is confirmed at the time the information is provided. Confidential Information that has been handed over shall be returned to the other Party immediately this Agreement expires. Information that would be an unreasonable burden on the recipient to destroy, such as electronic back-up or other electronically stored information, need not be destroyed, however. Copies may however be retained, insofar as a Party is required to do this by law. Information shall not be deemed Confidential in the following cases: On receipt by the receiving Party, it is or later becomes public knowledge or available to the public in a manner other than through a breach of this Project Agreement. On receipt by the receiving Party, it was already known to the other Party or was already in its possession. The receiving Party has obtained it from a third party that is not bound by a duty of confidentiality or other restrictions on divulging it. The receiving Party has itself produced the information independently of the Confidential Information belonging to the original Party. It is divulged or disclosed in accordance with a law, ordinance or court decision. Each Party undertakes to ensure that only such employees have access to the Confidential Information as have a direct need to be acquainted with it for their work or the exercise of their duties (e.g. as file clerk, decision maker, lawyer, responsible administrative officer) as part of the Project. Information that is Confidential may only be disclosed to a third party that needs the information for its work/assignments/activity within the Project. Furthermore, this shall be subject to the original Party having given its consent and being allowed the opportunity to enter into a separate confidentiality agreement with the third party in question. Documents received by XxxxxxxVinnova, the University and other relevant authorities are governed by the principle of public access and the Public Access to Information and Secrecy Act. Any Confidential results from a research project do not need to be submitted to Vinnova but may be retained within the relevant research body. In these cases a project abstract without the Confidential results should be submitted instead. An undertaking of an agency or authority under this Clause 9 only applies subject to compliance with the legislation governing the agency or authority. Clause 10 Publication A research body that is a Party to this Agreement, as well as the participating researchers, are entitled to publish or otherwise make public project results to the extent and subject to the limitations set out below. Any restriction on making public the results under this Clause 10 may only prevail if the results or a part thereof are the Confidential Information of another Party as provided for in Clause 9, bearing in mind that a Party may demonstrate that premature publication in some other way would be to the evident detriment of that Party’s interests. The Parties shall be afforded an opportunity to study the material and submit any patent application. This opportunity shall be offered in good time, at least 60 days two (2) months before the intended date of publication or other manner of making the results public. Receipt of the material shall be confirmed without delay by the receiving Party. The Parties shall submit responses to the publication proposal no later than 30 days one (1) month before the intended date of publication. From June through August, responses are to be made within 45 days. In the absence of a response, consent to publication shall be deemed given. Where a Party that objects to publication on the grounds that the published work contains information that the Party in question wishes to patent, or that the published work contains Confidential Information belonging to that Party, the Parties shall discuss a possible solution, e.g. on the basis of deleting the Confidential Information and/or reworking the published work, or by submitting a patent application. Publication may not however be delayed for longer than three (3) months from the time indicated in the preceding paragraph, i.e. the deadline for submission of responses to the publication proposal. For the sake of clarity, the Agreement’s provisions governing Confidential Information in Clause 9 apply also in the case of publication. In connection with the publication of Project Results, Parties and researchers who are involved in the production of these results must be named. The Parties are agreed that, in accordance with the purpose of the Strategic Innovation Programme, they should allow research results to be distributed to other research bodies throughout Sweden. Distribution will be decided by the Project Group.

Costs and Payments. The Parties that perform the work in the Project will be reimbursed their costs as set out in Vinnova’s General Terms and Conditions. Reimbursement to the Parties (for costs actually incurred and in relation to achieved milestones) shall be in accordance with XxxxxxxVinnova’s decision. The Project Manager is responsible for follow-up and reporting of the Project’s total costs. In this connection, the actual use of resources shall be reported as the sum of: payments for work undertaken by the Parties the financing amount for the Parties costs associated with the Project relating to administration and management, as set out in Clauses 4 and 5. For the purpose of following up and reporting the Project, the Parties shall assist the Project Manager with data and documentation as outlined in Vinnova’s decision and General Terms and Conditions. The Parties report their costs and work efforts specified in the manner required by Vinnova in their terms and conditions. No final payment need be made until the final Project report, approved by the Project Group, has been submitted to the Project Coordinator. Clause 8 Obligations and responsibilities of the Parties The Parties undertake to implement the Project to the best of their abilities in accordance with the Project Description. Where it lacks the requisite expertise or time for a given task, a Party is entitled to engage a third party, provided that Xxxxxxx Vinnova and the other Parties have given their written consent. Where a third party (known as a subsidiary consultant) is engaged, the Party that has engaged the subsidiary consultant is responsible for the subsidiary consultant in the same way as for itself. Reimbursement for the engagement of a subsidiary consultant that exceeds the financing agreed in the Project Agreement shall be agreed separately when obtaining the written consent to engagement of the subsidiary consultant. A Party shall not be responsible for submitted information being usable or free of third-party rights. Nor shall a Party be liable for injury or damage, be it personal injury, moral prejudice, financial or other damage, resulting from another Party’s use of the information. All the Parties undertake to implement their research in the project in accordance with good research practices as described by “The European Code of Conduct for Research Integrity” (xxx.xxx.xxx) and “Investigating Research Misconduct Allegations in International Collaborative Research Projects1: A Practical Guide” (xxx.xxxx.xxx/xxx/xxx) and to promptly report suspected deviations, particularly suspected research misconduct, to all representatives of the Project Group, to investigate such reported suspicions in accordance with the Parties’ own guidelines and procedures, to cooperate and assist in the investigation of suspected misconduct in research, to accept the results of such investigations (including the outcome of any appeals) and to take adequate measures. Clause 9 Confidential Information Circumstances may arise where the Parties provide each other with information of a Confidential nature. Information is only deemed Confidential Information where, if disclosed in writing, it is clearly marked “Confidential”, or, if disclosed verbally, it is clearly stated as being Confidential Information on the occasion of its disclosure and is then confirmed as being Confidential Information no later than fifteen (15) days after the date of its disclosure. At a Party’s request, such information must be treated as confidential both during the term of this Agreement and for five (5) years thereafter. In performing the work and in processing information obtained, a Party thereby undertakes to take whatever measures are required to maintain confidentiality. The confidentiality undertaking also means that a Party that has received Confidential Information may not divulge it to third parties not involved in the Project, unless it has a special agreement to do so. Written information shall be considered Confidential if marked “Confidential”. Verbal information shall be deemed Confidential if this is confirmed at the time the information is provided. Electronic information (e.g. measurement data) shall be considered confidential if marked “confidential” or if this is confirmed at the time the information is provided. Confidential Information that has been handed over shall be returned to the other Party immediately this Agreement expires. Information that would be an unreasonable burden on the recipient to destroy, such as electronic back-up or other electronically stored information, need not be destroyed, however. Copies may however be retained, insofar as a Party is required to do this by law. Information shall not be deemed Confidential in the following cases: On receipt by the receiving Party, it is or later becomes public knowledge or available to the public in a manner other than through a breach of this Project Agreement. On receipt by the receiving Party, it was already known to the other Party or was already in its possession. The receiving Party has obtained it from a third party that is not bound by a duty of confidentiality or other restrictions on divulging it. The receiving Party has itself produced the information independently of the Confidential Information belonging to the original Party. It is divulged or disclosed in accordance with a law, ordinance or court decision. Each Party undertakes to ensure that only such employees have access to the Confidential Information as have a direct need to be acquainted with it for their work or the exercise of their duties (e.g. as file clerk, decision maker, lawyer, responsible administrative officer) as part of the Project. Information that is Confidential may only be disclosed to a third party that needs the information for its work/assignments/activity within the Project. Furthermore, this shall be subject to the original Party having given its consent and being allowed the opportunity to enter into a separate confidentiality agreement with the third party in question. Documents received by XxxxxxxVinnova, the University and other relevant authorities are governed by the principle of public access and the Public Access to Information and Secrecy Act. Any Confidential results from a research project do not need to be submitted to Vinnova but may be retained within the relevant research body. In these cases a project abstract without the Confidential results should be submitted instead. An undertaking of an agency or authority under this Clause 9 only applies subject to compliance with the legislation governing the agency or authority. Clause 10 Publication A research body that is a Party to this Agreement, as well as the participating researchers, are entitled to publish or otherwise make public project results to the extent and subject to the limitations set out below. Any restriction on making public the results under this Clause 10 may only prevail if the results or a part thereof are the Confidential Information of another Party as provided for in Clause 9, bearing in mind that a Party may demonstrate that premature publication in some other way would be to the evident detriment of that Party’s interests. The Parties shall be afforded an opportunity to study the material and submit any patent application. This opportunity shall be offered in good time, at least 60 days two (2) months before the intended date of publication or other manner of making the results public. Receipt of the material shall be confirmed without delay by the receiving Party. The Parties shall submit responses to the publication proposal no later than 30 days one (1) month before the intended date of publication. From June through August, responses are to be made within 45 days. In the absence of a response, consent to publication shall be deemed given. Where a Party that objects to publication on the grounds that the published work contains information that the Party in question wishes to patent, or that the published work contains Confidential Information belonging to that Party, the Parties shall discuss a possible solution, e.g. on the basis of deleting the Confidential Information and/or reworking the published work, or by submitting a patent application. Publication may not however be delayed for longer than three (3) months from the time indicated in the preceding paragraph, i.e. the deadline for submission of responses to the publication proposal. For the sake of clarity, the Agreement’s provisions governing Confidential Information in Clause 9 apply also in the case of publication. Vinnova's requirements for Open Access to scientific publications must be respected. Xxx Xxx (0000: 504) on responsibility for good research practice and examination of misconduct in research contains explicit prohibitions against fabrication, falsification, or plagiarism. All Parties undertake to provide information that may be needed in a review by the Board for review of misconduct in research. In connection with addition to the publication requirements of Project Resultsthe law, Parties good research practice must be followed, which means, among other things, that the authors and researchers who are the Party that has been involved in the production appearance of these the results must be namedstated. The Parties In addition, any discrepancies must be declared in the publications. In applicable cases, trial permits are agreed that, applied for in accordance with the purpose Act (2003: 460) on ethical review of the Strategic Innovation Programme, they should allow research results to be distributed to other research bodies throughout Sweden. Distribution will be decided by the Project Groupinvolving humans.