Common use of Dissolution of the Agreement Clause in Contracts

Dissolution of the Agreement. The Agreement may be dissolved by way of the Parties’ joint declaration of intent in the case of occurrence of the circumstances that prevent continued enforcement of the provisions contained in the Agreement. Dissolution of the Agreement according to the procedure specified in Clause 1 and Clause 3 of this article shall not release the Grantee from the obligation to submit the financial and progress reports within 25 days of the date of dissolution of the Agreement and the final report by the date referred to in Article 7 Clause 2 letter (c) item (3) or to store the documentation associated with implementation of the Project consistently with Article 8 Clauses 12 to 14 and to make the same available at the Foundation’s request. The Foundation shall be authorised to dissolve the Agreement with immediate effect when: The Project Manager delays the start of implementation of the Project for a period longer than 3 months after the agreed start date of the Project and fails to inform about the reasons for the delay or has discontinued implementation of the Project or implements the Project in violation of the provisions of the Agreement or in breach of law; The Enterprise has discontinued implementation of the Project or implements the Project in violation of the provisions of the Agreement or in breach of law; The Enterprise has discontinued its business activity, liquidation or bankruptcy proceedings have been instituted against the Enterprise or the Enterprise remains under compulsory administration; The Project Manager has failed to conduct an open recruitment procedure for young scientists in the team consistently with the Competition Documentation or defaults on his or her obligations specified in Article 5; The Project Manager has failed to attain the target intended under the Project for the reasons resting with the Project Manager; The Project Manager or the Enterprise refuses to surrender to or prevents the conduct of an inspection, document verification or audit referred to in Article 8; The Project Manager or the Enterprise has failed to cause elimination of the stated irregularities or implementation of post-inspection recommendations by the dates set by the Foundation; The Project Manager has failed to submit the reports referred to in Article 7 by the dates set and on the agreed principles; The Project Manager has submitted the report referred to in Article 7 that does not reflect the actual state of affairs; The Project Manager or the Enterprise has defaulted on his/her/its obligations specified in Article 9 or Article 10.7;

Dissolution of the Agreement. The Agreement may be dissolved by way of the Parties’ joint declaration of intent in the case of occurrence of the circumstances that prevent continued enforcement of the provisions contained in the Agreement. Dissolution of the Agreement according to the procedure specified in Clause 1 and Clause 3 of this article shall not release the Grantee from the obligation to submit the financial and progress reports within 25 days of the date of dissolution of the Agreement and the final report by the date referred to in Article 7 Clause 2 letter (c) item (3) or to store the documentation associated with implementation of the Project consistently with Article 8 Clauses 12 to 14 and to make the same available at the Foundation’s request. The Foundation shall be authorised to dissolve the Agreement with immediate effect whenif: The Project Manager delays the start of implementation of the Project for a period longer than 3 months after the agreed start date of the Project and fails to inform about the reasons for the delay or has discontinued implementation of the Project or implements the Project in violation of the provisions of the Agreement or in breach of law; The Enterprise Unit has discontinued implementation of the Project or implements the Project in violation of the provisions of the Agreement or in breach of law; The Enterprise has discontinued its business activity, liquidation or bankruptcy proceedings have been instituted against the Enterprise or the Enterprise remains under compulsory administration; The Project Manager has failed to conduct an open recruitment procedure for young scientists in the team consistently with the Competition Documentation or defaults on his or her obligations specified in Article 5; The Project Manager has failed to attain the target intended under the Project for the reasons resting with the Project Manager; The Project Manager or the Enterprise Unit refuses to surrender to or prevents the conduct of an inspection, document verification or audit referred to in Article 8; The Project Manager or the Enterprise Unit has failed to cause elimination of the stated irregularities or implementation of post-inspection recommendations by the dates set by the Foundation; The Project Manager has failed to submit the reports referred to in Article 7 by the dates set and on the agreed principles; The Project Manager has submitted the report referred to in Article 7 that does not reflect the actual state of affairs; The Project Manager or the Enterprise Unit has defaulted on his/her/its obligations specified in Article 9 or Article 10.7;

Dissolution of the Agreement. The Agreement may be dissolved by way of the Parties’ joint declaration of intent in the case of occurrence of the circumstances that prevent continued enforcement of the provisions contained in the Agreement. Dissolution of the Agreement according to the procedure specified in Clause 1 and Clause 3 of this article shall not release the Grantee Project Manager and the Consortium Leader from the obligation to submit the financial and progress reports within 25 days of the date of dissolution of the Agreement and the final report by the date referred to in Article 7 Clause 2 letter (c) item (3) or to store the documentation associated with implementation of the Project consistently with Article 8 Clauses 12 to 14 and to make the same available at the Foundation’s request. The Foundation shall be authorised to dissolve the Agreement with immediate effect when: The Project Manager or the Consortium Member’s Representative delays the start of implementation of the Project for a period longer than 3 months after the agreed start date of the Project and fails to inform about the reasons for the delay or has discontinued implementation of the Project or implements the Project in violation of the provisions of the Agreement or in breach of law; The Enterprise A Grantee has discontinued implementation of the Project or implements the Project in violation of the provisions of the Agreement or in breach of law; The Enterprise Grantee to which state aid has been granted has discontinued its business activity, liquidation or bankruptcy proceedings have been instituted against the Enterprise Grantee or the Enterprise Grantee remains under compulsory administration; The Project Manager or the Consortium Member’s Representative has failed to conduct an open recruitment procedure for young scientists in the team consistently with the Competition Documentation or defaults on his or her obligations specified in Article 5; The Project Manager or the Consortium Member’s Representative has failed to attain the target intended under the Project for the reasons resting with the Project ManagerManager or the Consortium Member’s Representative; The Project Manager Manager, the Consortium Member’s Representative or the Enterprise refuses Grantees refuse to surrender to or prevents prevent the conduct of an inspection, document verification or audit referred to in Article 8; The Project Manager Manager, the Consortium Member’s Representative or the Enterprise has Grantees have failed to cause elimination of the stated irregularities or implementation of post-inspection recommendations by the dates set by the Foundation; The Project Manager has failed to submit the reports referred to in Article 7 by the dates set and on the agreed principles; The Project Manager has submitted the report reports referred to in Article 7 that does do not reflect the actual state of affairs; The Project Manager Manager, the Consortium Member’s Representative or the Enterprise has Grantees have defaulted on his/her/its their obligations specified in Article 9 or Article 10.7;; The Grantees have defaulted on their obligations specified in Article 1.3 and 1.18 and Article 3.10; The Project Manager, the Consortium Member’s Representative or the Grantees have presented false or incomplete declarations or documents in order to secure the funding or during the Project implementation or during the Project durability period; Amendments have been made to the material scope of the Project referred to in Article 71 of Regulation (EU) No. 1303/2013 of the European Parliament and of the Council of 17 December 2013; The Project Manager or the Consortium Member’s Representative has breached the rules of the Foundation for Polish Science’s Code of Ethics for Laureates and Beneficiaries; The Project Manager, the Consortium Member’s Representative or the Grantees have breached other provisions of the Agreement; Further implementation of the Project is not possible or pointless; The Project Manager, the Consortium Member’s Representative and the Grantees have failed to present the information or clarifications concerning implementation of the Project; The Grantee has breached the rules specified in Article 14 of the Agreement; The Project Manager, the Consortium Member’s Representative or a Grantee is obligated to return the aid following a decision of the European Commission; A ban has been imposed, by way of a final court ruling, against the Project Manager, the Consortium Member’s Representative or a Grantee, referred to in Article 12(1)(1) of the Act of 15 June 2012 on the Consequences of Entrusting Work to Foreign Nationals Residing Illegally in the Territory of the Republic of Poland (Journal of Laws of 2012, item 769); A preliminary investigation in the case likely to impact implementation of the Project has been instituted against the Project Manager, the Consortium Member’s Representative or a Grantee or the persons for whose actions they are liable under the Act of 28 October 2002 on the Liability of Collective Entities for Acts Prohibited under Penalty (Journal of Laws of 2015, item 1212, as amended); A Force Majeure event has occurred; The Grantees, the Project Manager or the Consortium Member’s Representative used the funding contrary to its intended purpose, unduly collected funding or collected funding in excessive amount. In the case of dissolution of the Agreement for the reasons referred to in Clause 1 and Clause 3 of this article, the Project Manager, the Consortium Member’s Representative and the Grantees shall not be entitled to any indemnity.