FUNDAMENTAL PROVISIONS. The Buyer is a public research institution whose primary activity is scientific research in the area of physics, especially elementary particles physics, condensed systems, plasma and optics. The Buyer wishes to acquire the subject of performance hereof (The spectrograph with CCD camera) for the purpose of providing luminescence investigation in laboratory conditions, operating in at least 200-1000 nm spectral range. The Buyer is the beneficiary of the subsidy for the project "Solid state physics for the 21st century (SOLID 21)", Registry No CZ.02.1.01/0.0/0.0/16_019/0000760 (hereinafter the “Project”), within the Operational Program Research, Development and Education (hereinafter the “OP RDE”) of the provider Ministry of Education, Youth and Sports of the Czech Republic. The subject of public procurement will be co-financed by the EU Structural Funds. The Seller was selected as the winner of a public procurement procedure announced by the Buyer for the public contract called “Spectrograph with CCD camera for luminescence investigation in 200-1000 nm spectral range” (hereinafter the “Procurement Procedure”). The documentation necessary for the execution of the subject of performance hereof consist of Technical specifications of the subject of performance hereof attached as Annex No. 1 hereto. The Seller´s bid submitted within the Procurement Procedure in its parts which describe the subject of performance in technical detail (hereinafter the “Sellers’s Bid”); the Sellers´s Bid forms Annex No. 2 to this Contract and is an integral part hereof. In the event of a conflict between the Contract’s Annexes the technical specification / requirement of the higher level / quality shall prevail. The Seller declares that he has all the professional prerequisites required for the supply of the subject of performance under this Contract, is authorised to supply the subject of performance and there exist no obstacles on the part of the Seller that would prevent him from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers the Seller’s participation in the Procurement Procedure as the confirmation of the fact that the Seller is capable of providing performance under the Contract with such knowledge, diligence and care that is associated and expected of the Seller’s profession, and that the Seller’s potential performance lacking such professional care would give rise to corresponding liability on the Seller’s part. The Sell...
FUNDAMENTAL PROVISIONS. 2.1 The Buyer is a public research institution whose primary activity is scientific research in the area of physics, especially elementary particles physics, condensed systems, plasma and optics.
FUNDAMENTAL PROVISIONS. The following terms will be used as defined terms in this Promissory Note (as it may be amended, modified, extended and renewed from time to time, the “Note”):
FUNDAMENTAL PROVISIONS. The Buyer is a public research institution whose primary activity is excellent scientific research in the area of physics, especially elementary particles physics, condensed systems, plasma and optics. The Buyer wishes to acquire the subject of performance hereof in order to carry out cosmological N-Body simulations, solve non-linear partial differential equations on a lattice and to perform Monte Carlo Markov Chain based parameter estimation. The Buyer is the beneficiary of the subsidy for the project "Cosmology, Gravitation and Dark Sector – CoGraDS", Reg. No CZ.02.1.01/0.0/0.0/15_003/0000437 (hereinafter the “Project”), within the Operational Program Research, Development and Education (hereinafter the “OP RDE”) of the provider Ministry of Education, Youth and Sports of the Czech Republic. The subject of this public contract will be co-financed by the EU Structural Funds. The Seller was selected as the winner of a public procurement procedure announced by the Buyer in accordance with Act No. 134/2016 Coll., on Public Procurement, as amended (hereinafter the “Act”), for the public contract called “High-Performance computer cluster with GPU’s for solving partial differential equations and running cosmological N-Body simulations” (hereinafter the “Procurement Procedure”). Both the Procurement Procedure and the Contract shall be governed by the Act and the Rules for applicants and beneficiaries of OP RDE, which are publicly accessible and are binding on the Parties. The documentation necessary for the execution of the subject of performance hereof consist of Technical specifications of the subject of performance hereof attached as Annex No. 1 hereto. The Seller´s bid submitted within the Procurement Procedure in its parts which describe the subject of performance in technical detail (hereinafter the “Sellers’s Bid”); the Sellers’s Bid forms Annex No. 2 to this Contract and is an integral part hereof. In the event of a conflict between the Contract’s Annexes, the technical specification / requirement of the higher level / quality shall prevail. The Seller declares that he has all the professional prerequisites required for the supply of the subject of performance under this Contract, is authorised to supply the subject of performance and there exist no obstacles on the part of the Seller that would prevent him from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers him capable of providing performance under ...
FUNDAMENTAL PROVISIONS. 2.1 The Buyer is a beneficiary of a subsidy granted by the Ministry of Education, Youth and Sports of the Czech Republic within the Operational Programme “Research, Development and Education”. 2.2 The Seller has been awarded the public contract entitled “Spherical Stretcher Mirrors TP20_049” (hereinafter the “Public Contract”). III.
FUNDAMENTAL PROVISIONS. A. PLACE OF ENGAGEMENT(S): B. DATE(S) OF ENGAGEMENT:
FUNDAMENTAL PROVISIONS. (a) If any of the following events occurs:
FUNDAMENTAL PROVISIONS. ARTICLE 1
FUNDAMENTAL PROVISIONS. 4 1.2 EXHIBITS .................................................. 5 1.3 DEFINITIONS ............................................... 5
FUNDAMENTAL PROVISIONS. The Client is the recipient of funding provided by the Ministry of Education, Youth and Sports of the Czech Republic for the Project “XXX: Extreme Light Infrastructure”, Reg. No. CZ.1.05/1.1.00/02.0061, granted within the framework of the Operational Program Research and Development for Innovation (“OP RDI”), Priority Axis I European Centers of Excellence, Area of Intervention 1.1. European Centers of Excellence (hereinafter the “XXX-Beamlines Project”). The aim of the XXX-Beamlines Project is to construct and operate an international research laboratory (research facility) using the latest generation of laser Technology and to subsequently implement a number of future projects in basic and applied research. The objectives, extent and aims of the XXX-Beamlines Project are given in more detail in the European Commission Decision dated 20.4.2011, Ref. No. K(2011) 2753 on major project “XXX: Extreme Light Infrastructure” and in the decision of the Ministry of Education, Youth and Sports of the Czech Republic dated 2.8.2011, Ref. No. 26310/2009-45 and in the documents related to these decisions. At the same time, the XXX-Beamlines Project forms an integral part of the Czech roadmap of large infrastructures for research, development and innovations, approved by the Government of the Czech Republic. The XXX-Beamlines Project is one of the pillars within the so-called ESFRI Roadmap created by the European Strategy Forum on Research Infrastructures which was formed at the behest of the European Council to establish a network of pan-European research centres at the most advanced scientific levels whose aim is to facilitate, within the framework of specific scientific focus of each such research centre, a fully open access into these facilities to academic workers exclusively on the basis of their scientific excellence (i.e. without regard to the legal or commercial status of institutions or corporations they may come from). In order to successfully implement the XXX-Beamlines Project it will be necessary to execute certain work according to this Contract for Work. The executed work shall form an integral part of the infrastructure for research, development and innovations of ELI-Beamlines (hereinafter the “XXX Beamlines Infrastructure”). The Contractor was selected as the winner of a public procurement procedure announced by the Client in accordance with Act No. 137/2006 Coll., on Public Procurement, as amended, for the engagement called “Design and build of a lase...