Common use of Durability and ownership of results Clause in Contracts

Durability and ownership of results. 1. In accordance with Article 71 of the Common Provisions Regulation and Chapter 7.12 of the Programme Manual the ownership of the outputs having the character of investments in infrastructure and productive investments produced during the project implementation shall remain with the LP or PPs for at least five years from the final payment to the lead partner. In case of SMEs the time-limit is three years. 2. Project partners are obliged to repay the ERDF contribution if within five years of the final payment to the project partner, within ten years in case of State aid, or within three years in cases concerning the maintenance of investments or jobs created by SMEs, the respective partner is subject to any of the following: a cessation or relocation of a productive activity outside the programme area; a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage; a substantial change affecting its nature, objectives or implementation conditions which would result in undermining its original objectives. The lead partner is obliged to notify the MA of any such changes described beforehand. Sums unduly paid in respect of the operation shall be recovered by the Managing Authority in proportion to the period for which the requirements have not been fulfilled. 3. The LP ensures that the arrangements in ownerships, titles and industrial and intellectual property rights on the outputs of the projects are in accordance with Chapter 7.12 of the Programme Manual. 4. Where relevant, the LP and project partners ensure that results and outputs of the project are available and accessible to the public free of charge.

Durability and ownership of results. 1. 19.1 In accordance with Article 71 of the Common Provisions Regulation and with Chapter 7.12 of the Programme Manual the ownership of the outputs having the character of investments in infrastructure and productive investments produced during the project implementation shall remain with the LP or PPs for at least five years from the final payment to the lead partnerLP. In case of SMEs the time-limit is three years. 2. 19.2 Project partners are obliged to repay the ERDF contribution if within five years of the final payment to the project partnerbeneficiary, within ten years in case of State aid, or within three years in cases concerning the maintenance of investments or jobs created by SMEs, the respective partner is subject to any of the following: a cessation or relocation of a productive activity outside the programme area; a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage; a substantial change affecting its nature, objectives or implementation conditions which would result in undermining its original objectives. The lead partner is obliged to notify the MA of any such changes described beforehand. Sums unduly paid in respect of the operation shall be recovered by the Managing Authority MA in proportion to the period for which the requirements have not been fulfilled. 3. 19.3 The LP lead partner ensures that the arrangements in ownershipswith respect to ownership, titles title and industrial and intellectual property rights on relating to the outputs of the projects are in accordance with Chapter 7.12 of the Programme Manual. 4. Where relevant, the LP and project partners ensure that results and outputs of the project are available and accessible to the public free of charge.

Durability and ownership of results. 1. 19.1 In accordance with Article 71 of the Common Provisions Regulation and with Chapter 7.12 of the Programme Manual the ownership of the outputs having the character of investments in infrastructure and productive investments produced during the project implementation shall remain with the LP or PPs for at least five years from the final payment to the lead partnerLP. In case of SMEs the time-limit is three years. 2. 19.2 Project partners are obliged to repay the ERDF contribution if within five years of the final payment to the project partnerbeneficiary, within ten years in case of State aid, or within three years in cases concerning the maintenance of investments or jobs created by SMEs, the respective partner is subject to any of the following: a cessation or relocation of a productive activity outside the programme area; a change in ownership of an item of infrastructure which gives to a firm or a public body an undue advantage; a substantial change affecting its nature, objectives or implementation conditions which would result in undermining its original objectives. The lead partner is obliged to notify the MA of any such changes described beforehand. Sums unduly paid in respect of the operation shall be recovered by the Managing Authority in proportion to the period for which the requirements have not been fulfilled. 3. 19.3 The LP lead partner ensures that the arrangements in ownershipswith respect to ownership, titles title and industrial and intellectual property rights on relating to the outputs of the projects are in accordance with Chapter 7.12 7.11 of the Programme Manual. 4. Where relevant, the LP and project partners ensure that results and outputs of the project are available and accessible to the public free of charge.