Common use of Financing of the Project Clause in Contracts

Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto. 2. The financing for implementation of the Project shall be transferred consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1. 3. The second tranche shall be paid following: a) submission by the Project Manager of the correctly completed and full financial report for the second reporting period and progress report for the first reporting period; b) approval of the reports specified in Clause 3 letter a) of this article; c) settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – following the Project Manager submitting, along with that report, a justified request for the tranche to be paid and the Foundation granting the request). 4. The receipt of the third and subsequent tranches shall be conditional upon (subject to Clause 5 of this article): a) subsequent submissions by the Project Manager of correctly completed and full financial and progress reports (if the date of payment of a given tranche falls after the date of submission of the progress report), b) approval of the reports specified in Clause 4 letter a) of this article, c) settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – upon the Project Manager submitting, along with this report, a justified request for the tranche to be paid and the Foundation granting the request). 5. The last tranche shall be paid following: a) settlement in the financial report of at least 70% of all funds provided to date, b) the Project Manager submitting an updated tranche payment schedule and the Foundation approving the schedule. 6. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5.

Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto. 2. The financing for implementation of the Project shall be transferred consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1. 31. The second tranche shall be paid following: a) : submission by the Project Manager of the correctly completed and full financial report for the second reporting period and progress report for the first reporting period; b) ; approval of the reports specified in Clause 3 letter a) of this article; c) ; settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – following the Project Manager submitting, along with that report, a justified request for the tranche to be paid and the Foundation granting the request). 4. The receipt of the third and subsequent tranches shall be conditional upon (subject to Clause 5 of this article): a) ): subsequent submissions by the Project Manager of correctly completed and full financial and progress reports (if the date of payment of a given tranche falls after the date of submission of the progress report), b) , approval of the reports specified in Clause 4 letter a) of this article, c) , settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – upon the Project Manager submitting, along with this report, a justified request for the tranche to be paid and the Foundation granting the request). 5. The last tranche shall be paid following: a) : settlement in the financial report of at least 70% of all funds provided to date, b) , the Project Manager submitting an updated tranche payment schedule and the Foundation approving the schedule. 6. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5. Settlement of the funds provided consists in showing in the financial report of the eligible expenditures settling the tranches that have been provided. The amount of the funding not expensed at the end of the budget year shall remain at the Grantee’s disposal during the following budget year in the Enterprise’s bank account dedicated for the purposes of Project implementation. The amount of the funding specified in Article 1.1 may be reduced, in particular: by the amount reimbursable on account of any irregularities; in the case of a failure to attain the indicators, in proportion to the degree of their non-attainment; or upon statement of non-utilisation of the Project financing by the Foundation or the Project Manager’s failure to report the reasons for its non-utilisation. In such case, the Foundation shall have the right to both reduce the amount of the funding and to make changes to the Budget; as a result of an analysis of the reports and of the conducted inspections or failure to attain (including suspected non-attainment) of the Project assumed results at any given stage. Incurring by the Project Manager or by the Enterprise of the eligible expenditures in the amount higher than specified in Article 1.1 shall not serve as the basis for increasing the amount of the funding granted. The expenditures beyond the total amount specified in Article 1.1, including the expenditures derived from an increase of the total cost of implementation of the Project, shall be incurred by the Enterprise and shall constitute ineligible expenditures. The Enterprise shall be obliged to assure by itself the financing of the costs constituting the Enterprise’s required own contribution and ineligible expenditures necessary for implementation of the Project. The financing intended for the Project-related part shall be transferred to the Enterprise’s dedicated interest-bearing bank account No. ………………………..…………………... In commercially justified cases, the bank account may be non-interest bearing. In the case of execution of a payment by the Foundation to an account with a wrong number as a result of the Enterprise’s default upon the obligation referred to in Article 16.6, the costs associated with re-execution of the payment and all consequences of the attempts to recover the amount representing unjust enrichment by a third party, including the consequences of the loss of that amount, shall burden the Enterprise. The Enterprise shall be liable jointly and severally with an unjustly enriched third party and shall be obliged to return, at the Foundation’s request, the full amount providedto the bank account with the wrong number. At the time of return of the full amount, the Foundation shall declare that it transfers to the Enterprise the title in any and all recourse financial claims it may hold against the unjustly enriched third party. The Enterprise shall be obliged to return the bank interest accrued in the Enterprise’s bank account during a given calendar year on the funding amount transferred in the form of an advance payment by January the 20th of the year following payment of the advance, by way of a separate funds transfer to the bank account designated by the Foundation. The Foundation shall disburse the financing earmarked for implementation of the Project, subject to availability of the financing provided by SG OP Intermediary Authority for implementation of the HOMING/POWROTY grant project, from the Foundation’s dedicated bank account. The payments from the bank account referred to in Clause 13 of this article may be made exclusively as the payments in consideration of the expenditures eligible for financing under the Project, in the amount corresponding to the funding of those expenditures. The Project Manager shall be the administrator of the grant. Expenditure by the Enterprise of the financing provided by the Foundation for the Project-related part, including the indirect costs incurred in connection with implementation of the Project and settled using the lump sum method, shall be approved by the Project Manager. An employee of the Enterprise’s unit competent for financial affairs may refuse to approve the Project Manager’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement. The Enterprise undertakes to keep separate accounting records concerning implementation of the Project consistently with the transparency principle derived from the Accounting Act of 29 September 1994 in such manner as to enable identification of the individual accounting operations associated with the Project. The Foundation may withhold payment of a tranche in order to clarify any doubts or to obtain any information in the case of reasonable suspicions that the Project is being implemented in breach of the Agreement, in particular: upon statement of any discrepancies in implementation of the Project in relation to the Project description contained in the Application; the Grantee’s failure to provide the information and clarifications referred to in Article 1.15; or upon statement of absence of progress in implementation of the Project in relation to the time schedule defined in the Application. The Grantee shall not be entitled to any indemnity in the case of a delay in provision of the financing by the Foundation, in particular as a result of: non-performance or improper performance of the Agreement by the Grantee; delay in disbursement of the funding due to the factors beyond the Foundation’s control; absence or shortage of the funds in the Foundation’s account from which payments are made; withholding of execution of a payment on the terms and conditions referred to in Clause 21 of this article and in Article 8.9; refusal, by the authorised institutions, including, but not limited to, the European Commission, to grant state aid to both the Enterprise and the Foundation.

Financing of the Project. 1. Allocation of the financing for implementation of the Project shall be defined in the Project budget, hereinafter referred to as the Budget, constituting Appendix No. 1 hereto. 2. The financing for implementation of the Project shall be transferred consistently with the time schedule of tranche payments constituting Appendix No. 3 hereto. The first tranche shall be transferred within 14 days of the receipt of the correctly completed and signed Agreement from the Foundation, however not earlier than on the start day of the period specified in Article 2.1. 31. The second tranche shall be paid following: a) : submission by the Project Manager of the correctly completed and full financial report for the second reporting period and progress report for the first reporting period; b) ; approval of the reports specified in Clause 3 letter a) of this article; c) ; settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – following the Project Manager submitting, along with that report, a justified request for the tranche to be paid and the Foundation granting the request). 4. The receipt of the third and subsequent tranches shall be conditional upon (subject to Clause 5 of this article): a) ): subsequent submissions by the Project Manager of correctly completed and full financial and progress reports (if the date of payment of a given tranche falls after the date of submission of the progress report), b) , approval of the reports specified in Clause 4 letter a) of this article, c) , settlement in the financial report of at least 50% of all funds provided to date (and if less than 50% of all funds provided to date are settled in the financial report – upon the Project Manager submitting, along with this report, a justified request for the tranche to be paid and the Foundation granting the request). 5. The last tranche shall be paid following: a) : settlement in the financial report of at least 70% of all funds provided to date, b) , the Project Manager submitting an updated tranche payment schedule and the Foundation approving the schedule. 6. The tranche payment time schedule referred to in Clause 2 of this article does not take account of the financing earmarked for personal scholarships for students and PhD students that are disbursed according to the rules defined in the agreements referred to in Article 6.5. Settlement of the funds provided consists in showing in the financial report of the eligible expenditures settling the tranches that have been provided. The amount of the funding not expensed at the end of the budget year shall remain at the Grantee’s disposal during the following budget year in the Unit’s bank account dedicated for the purposes of Project implementation. The amount of the funding specified in Article 1.1 may be reduced, in particular: by the amount reimbursable on account of any irregularities; in the case of a failure to attain the indicators, in proportion to the degree of their non-attainment; or upon statement of non-utilisation of the Project financing by the Foundation or the Project Manager’s failure to report the reasons for its non-utilisation. In such case, the Foundation shall have the right to both reduce the amount of the funding and to make changes to the Budget; as a result of an analysis of the reports and of the conducted inspections or failure to attain (including suspected non-attainment) of the Project assumed results at any given stage. Incurring by the Project Manager or by the Unit of the eligible expenditures in the amount higher than specified in Article 1.1 shall not serve as the basis for increasing the amount of the funding granted. The expenditures beyond the total amount specified in Article 1.1, including the expenditures derived from an increase of the total cost of implementation of the Project, shall be incurred by the Unit and shall constitute ineligible expenditures. The Unit shall be obliged to assure by itself the financing of the ineligible expenditures necessary for implementation of the Project. The financing intended for the Project-related part shall be transferred to the Unit’s dedicated interest-bearing bank account No. ………………………..…………………... In commercially justified cases, the bank account may be non-interest bearing. In the case of execution of a payment by the Foundation to an account with a wrong number as a result of the Unit’s default upon the obligation referred to in Article 15.6, the costs associated with re-execution of the payment and all consequences of the attempts to recover the amount representing unjust enrichment by a third party, including the consequences of the loss of that amount, shall burden the Unit. The Unit shall be liable jointly and severally with an unjustly enriched third party and shall be obliged to return, at the Foundation’s request, the full amount providedto the bank account with the wrong number. At the time of return of the full amount, the Foundation shall declare that it transfers to the Unit the title in any and all recourse financial claims it may hold against the unjustly enriched third party. The Unit shall be obliged to return the bank interest accrued in the Unit’s bank account during a given calendar year on the amount of the funding transferred in the form of an advance payment by January the 20th of the year following payment of the advance, by way of a separate funds transfer to the bank account designated by the Foundation. The Foundation shall disburse the financing earmarked for implementation of the Project, subject to availability of the financing provided by SG OP Intermediary Authority for implementation of the HOMING/POWROTY grant project, from the Foundation’s dedicated bank account. The payments from the bank account referred to in Clause 13 of this article may be made exclusively as the payments in consideration of the expenditures eligible for financing under the Project, in the amount corresponding to the funding of those expenditures. The Project Manager shall be the administrator of the grant. Expenditure by the Unit of the financing provided by the Foundation for the Project-related part, including the indirect costs incurred in connection with implementation of the Project and settled using the lump sum method, shall be approved by the Project Manager. An employee of the Unit’s cell competent for financial affairs may refuse to approve the Project Manager’s instruction concerning the expenditure of the financing in the Project-related part in the case of its non-compliance with the applicable laws or provisions of the Agreement. The Unit undertakes to keep separate accounting records concerning implementation of the Project consistently with the transparency principle derived from the Accounting Act of 29 September 1994 in such manner as to enable identification of the individual accounting operations associated with the Project. The Foundation may withhold payment of a tranche in order to clarify any doubts or to obtain any information in the case of reasonable suspicions that the Project is being implemented in breach of the Agreement, in particular: upon statement of any discrepancies in implementation of the Project in relation to the Project description contained in the Application; the Grantee’s failure to provide the information and clarifications referred to in Article 1.18; or upon statement of absence of progress in implementation of the Project in relation to the time schedule defined in the Application. The Grantee shall not be entitled to any indemnity in the case of a delay in provision of the financing by the Foundation, in particular as a result of: non-performance or improper performance of the Agreement by the Grantee; delay in disbursement of the funding due to the factors beyond the Foundation’s control; absence or shortage of the funds in the Foundation’s account from which payments are made; withholding of execution of a payment on the terms and conditions referred to in Clause 21 of this article and in Article 8.9; refusal, by the authorised institutions, including, but not limited to, the European Commission, to grant state aid to both the Unit and the Foundation.