FUNDAMENTAL PROVISIONS Clause Samples
The 'Fundamental Provisions' clause establishes the essential terms and conditions that form the foundation of the agreement. Typically, this section outlines key definitions, the scope of the contract, and the basic obligations of the parties involved. For example, it may specify the effective date, parties to the contract, and the primary subject matter. Its core practical function is to ensure that all parties have a clear and mutual understanding of the basic framework and expectations, thereby reducing the risk of misunderstandings or disputes over the contract's essential elements.
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. 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. 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. 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 “L4f Transport Mirror Substrates TP20_039” (hereinafter the “Public Contract”).
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. This research includes research of semiconducting nanoheterostructures.
FUNDAMENTAL PROVISIONS. 4 1.2 EXHIBITS .................................................. 5 1.3 DEFINITIONS ............................................... 5
FUNDAMENTAL PROVISIONS. 1.1. The Seller acknowledges that the subject of performance under this Contract is delivery of Soft X-ray spectrometer, which is intended to be used for diagnostic causes and to equip a high magnetic field tokamak under the name of COMPASS-U and that it is co-funded pursuant to the Guidelines of the Academy Council of the Czech Academy of Sciences No. 2, dated 8 February 2022, on Support for Instrumentation (the purpose and the rules governing its financing hereinafter referred to as the “Project”). The Seller acknowledges that, since the purchase price is financed by a grant, the failure of the Seller to comply with any of its obligations may have an impact on the financing and that the determination of the expenditure as ineligible or the imposition of any levy or administrative penalties on the Buyer as a result of the Seller’s breach of this obligation may constitute damage incurred by the Buyer.
1.2. The Seller won the public procurement procedure announced by the Buyer pursuant to Act No. 134/2016 Coll., on Public Procurement, as amended (hereinafter the "Public Procurement Act" or "PPA"), for tender entitled "Soft X-ray spectrometer” (hereinafter the "Tender").
1.3. Performance hereunder shall be based on the following annexes which form an integral part hereof:
a) technical specification which relates to the supply to be purchased and is attached as Annex No. 1 hereto (hereinafter the “Technical Specification”). This Technical Specification also formed a part of the Tender documentation in the Tender as its Annex No. 1;
b) specific statement of the Seller that the Product [see chapter 8.
FUNDAMENTAL PROVISIONS. 2.1 The Buyer is implementing the project "Teraferroics for ultra-high capacity, speed and energy- efficiency of information technology” under the Operational Programme ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ within the framework of EU funds, project registration number CZ.
02.01.01 00/22_008/0004594 (hereinafter referred to as the “Project”). The subject of performance under this Contract is intended for the Project and mainly financed from the support provided for their implementation.
2.2 The Seller has been selected as the winner of a public procurement procedure announced by the Buyer for the public contract with the title “Helium-flow optical cryostat for far-infrared and middle infrared (IR) spectral range” (hereinafter the “Procurement Procedure”).
2.3 The documentation necessary for the implementation of the subject of performance hereof consist of
2.3.1 Technical specifications of the subject of performance hereof attached as Annex No. 1 hereto.
2.3.2 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 and its Annex or between the Contract’s Annexes, the technical specification / requirement of the higher level / quality shall prevail.
2.4 The Seller acknowledges that it is essential for the Buyer that the Seller produces, delivers and handovers the subject of performance within the specified time and in the specified quality as stated in Annexes No. 1 and 2 of this Contract (including invoicing). If the Seller fails to comply with the contractual requirements, the Buyer may incur damages.
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 “ELI: 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 “ELI-Beamlines Project”). The aim of the ELI-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 ELI-Beamlines Project are given in more detail in the European Commission Decision dated 20.4.2011, Ref. No. C(2011) 2753 on major project “ELI: 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 ELI-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 ELI-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 Commission 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 scientific 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 ELI-Beamlines Project it will be necessary to execute certain work according to this Framework Contract. The executed work shall form an integral part of the infrastructure for research, development and innovations of ELI-Beamlines in Dolní Břežany (hereinafter the “ELI-Beamlines Infrastructure” or “ELI-Beamlines research centre”) and shall be further used to implement research projects in the area of interaction of highly intensive laser radiation with materials. The Client is also the recipient of a...
FUNDAMENTAL PROVISIONS. 1.1 These General Terms of Delivery for the goods of SULTRADE Praha spol. s r.o. (hereinafter referred to as the “Terms”) constitute an integral part of purchase contracts made between the Purchaser and the company SULTRADE Praha, spol. s r.o., with its registered office at ▇▇▇▇▇▇▇▇▇▇ ▇▇▇/▇▇, ▇▇▇▇▇▇ ▇, Postcode: 16900, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert No. 27768 (hereinafter referred to as the “Seller”) (hereinafter referred to as the “Contract”) pursuant to Section 2079 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”). In case of any conflict, the provisions of the Contract shall prevail over the provisions of these Terms.