Common use of GRANT PAYMENT AND USE OF FUNDS Clause in Contracts

GRANT PAYMENT AND USE OF FUNDS. 6.1 Subject to the terms and conditions of this Agreement, and BGP’s compliance therewith, MPP will fund BGP for performing the Funded Project in accordance with the approved budget as set out in Section 1 of Annex 5 (“Budget”). The maximum amount shall not exceed the total amount of grant as set out in Section 1 of Annex 5 (“Grant”). Subject to Section 11.2, MPP shall have the right to increase or decrease the total Grant in accordance with the needs and the performance of the Funded Project. 6.2 The funds provided under this Agreement are to be spent by BGP exclusively in accordance with the Budget. BGP shall have the right to perform Budget revisions on a quarterly basis. BGP shall request MPP’s prior written approval if there is a variance of +/- 10% between the main budget categories. Any request for Budget modification must include sufficient documentation to justify such request. For the avoidance of doubt, no Budget revision or variance of the Budget’s categories that is permitted under this Section 6.2 shall result in BGP spending in excess of the total Grant. Any overspending on Budget will be at the cost of BGP, unless otherwise agreed between the Parties. 6.3 MPP shall make payments of the Grant to BGP in accordance with the payment schedule set out in Section 2 of Annex 5 (“Payment Schedule”). MPP shall pay the amounts in accordance with the Payment Schedule within 30 days from the completion of the relevant milestone of the Payment Schedule via a bank transfer to the BGP account set forth in Section 3 of Annex 5. 6.4 BGP acknowledges and agrees that the Grant is provided to BGP solely for the purposes of BGP performing the activities set out in the Scope of Work. BGP shall enter into the necessary sub- agreements and perform the necessary administrative activities to ensure the performance of the activities set out in the Scope of Work. BGP shall not use the Grant to perform activities outside the Scope of Work unless as otherwise agreed to in writing by the Parties. 6.5 During the Project, BGP shall use the equipment, materials or goods, purchased or generated with the Grant primarily for the purpose of the Project. BGP may use such equipment, materials or goods for purposes other than the Project provided that such use does not interfere with, compete with or delay the Project. If MPP reasonably suspects or becomes aware that BGP’s use of such equipment, materials or goods has interfered with, competed with or delayed the Project, upon the request of MPP, BGP shall promptly provide MPP with documentary evidence demonstrating such has not occurred or such has been remedied. 6.6 Title to any equipment, materials or goods purchased or generated with the Grant shall vest in BGP provided BGP uses such in accordance with Section 6.5. Notwithstanding any other provision in this Agreement, if BGP does not use such equipment, materials or goods in accordance with Section 6.5, MPP may direct BGP to sell, donate or otherwise transfer such equipment, materials or goods, and reimburse MPP the fair market value of such, if applicable.

Appears in 1 contract

Samples: Mrna Vaccine Technology Transfer Agreement

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GRANT PAYMENT AND USE OF FUNDS. 6.1 Subject to the terms and conditions of this Agreement, and BGPTORLAK’s compliance therewith, MPP will fund BGP TORLAK for performing the Funded Project in accordance with the approved budget as set out in Section 1 of Annex 5 (“Budget”). The maximum amount shall not exceed the total amount of grant as set out in Section 1 of Annex 5 (“Grant”). Subject to Section 11.2, MPP shall have the right to increase or decrease the total Grant in accordance with the needs and the performance of the Funded Project. 6.2 The funds provided under this Agreement are to be spent by BGP TORLAK exclusively in accordance with the Budget. BGP TORLAK shall have the right to perform Budget revisions on a quarterly basis. BGP TORLAK shall request MPP’s prior written approval if there is a variance of +/- 10% between the main budget categories. Any request for Budget modification must include sufficient documentation to justify such request. For the avoidance of doubt, no Budget revision or variance of the Budget’s categories that is permitted under this Section 6.2 shall result in BGP TORLAK spending in excess of the total Grant. Any overspending on Budget will be at the cost of BGPTORLAK, unless otherwise agreed between the Parties. 6.3 MPP shall make payments of the Grant to BGP TORLAK in accordance with the payment schedule set out in Section 2 of Annex 5 (“Payment Schedule”). MPP shall pay the amounts in accordance with the Payment Schedule within 30 days from the completion of the relevant milestone of the Payment Schedule via a bank transfer to the BGP TORLAK account set forth in Section 3 of Annex 5. 6.4 BGP XXXXXX acknowledges and agrees that the Grant Xxxxx is provided to BGP TORLAK solely for the purposes of BGP TORLAK performing the activities set out in the Scope of Work. BGP TORLAK shall enter into the necessary sub- sub-agreements and perform the necessary administrative activities to ensure the performance of the activities set out in the Scope of Work. BGP XXXXXX shall not use the Grant to perform activities outside the Scope of Work unless as otherwise agreed to in writing by the Parties. 6.5 During the Project, BGP TORLAK shall use the equipment, materials or goods, purchased or generated with the Grant primarily for the purpose of the Project. BGP TORLAK may use such equipment, materials or goods for purposes other than the Project provided that such use does not interfere with, compete with or delay the Project. If MPP reasonably suspects or becomes aware that BGPXXXXXX’s use of such equipment, materials or goods has interfered with, competed with or delayed the Project, upon the request of MPP, BGP TORLAK shall promptly provide MPP with documentary evidence demonstrating such has not occurred or such has been remedied. 6.6 Title to any equipment, materials or goods purchased or generated with the Grant shall vest in BGP TORLAK provided BGP TORLAK uses such in accordance with Section 6.5. Notwithstanding any other provision in this Agreement, if BGP TORLAK does not use such equipment, materials or goods in accordance with Section 6.5, MPP may direct BGP TORLAK to sell, donate or otherwise transfer such equipment, materials or goods, and reimburse MPP the fair market value of such, if applicable. 6.7 Without limiting Section 6.6, subject to MPP’s prior written consent, during or after the Project, TORLAK may: (a) replace or substitute any equipment, materials or goods purchased or generated with the Grant with new or improved equipment, material or goods; or (b) sell, donate or otherwise transfer any equipment, materials or goods purchased or generated with the Grant, and reimburse MPP the fair market value of such equipment, materials or goods, if applicable.

Appears in 1 contract

Samples: Mrna Vaccine Technology Transfer Agreement

GRANT PAYMENT AND USE OF FUNDS. 6.1 Subject to the terms and conditions of this Agreement, and BGP’s IPT's compliance therewith, MPP will fund BGP IPT for performing the Funded Project in accordance with the approved budget as set out in Section 1 of Annex 5 (“Budget”). The maximum amount shall not exceed the total amount of grant as set out in Section 1 of Annex 5 (“Grant”). Subject to Section 11.2, MPP shall have the right to increase or decrease the total Grant in accordance with the needs and the performance of the Funded Project. 6.2 The funds provided under this Agreement are to be spent by BGP IPT exclusively in accordance with the Budget. BGP IPT shall have the right to perform Budget revisions on a quarterly basis. BGP IPT shall request MPP’s prior written approval if there is a variance of +/- 10% between the main budget categories. Any request for Budget modification must include sufficient documentation to justify such request. For the avoidance of doubt, no Budget revision or variance of the Budget’s categories that is permitted under this Section Clause 6.2 shall result in BGP IPT spending in excess of the total Grant. Any overspending on Budget will be at the cost of BGPIPT, unless otherwise agreed between the Parties. 6.3 MPP shall make payments of the Grant grant to BGP IPT in accordance with the payment schedule set out in Section 2 of Annex 5 (“Payment Schedule”). MPP shall pay the amounts in accordance with the Payment Schedule within 30 days from the completion of the relevant milestone of the Payment Schedule via a bank transfer to the BGP IPT account set forth in Section 3 of Annex 5. 6.4 BGP IPT acknowledges and agrees that the Grant is provided to BGP IPT solely for the purposes of BGP IPT performing the activities set out in the Scope of Work. BGP IPT shall enter into the necessary sub- agreements and perform the necessary administrative activities to ensure the performance of the activities set out in the Scope of Work. BGP IPT shall not use the Grant to perform activities outside the Scope of Work unless as otherwise agreed to in writing by the Parties. 6.5 During the Project, BGP IPT shall use the equipment, materials or goods, purchased or generated with the Grant primarily for the purpose of the Project. BGP IPT may use such equipment, materials or goods for purposes other than the Project provided that such use does not interfere with, compete with or delay the Project. If MPP reasonably suspects or becomes aware that BGPIPT’s use of such equipment, materials or goods has interfered with, competed with or delayed the Project, upon the request of MPP, BGP IPT shall promptly provide MPP with documentary evidence demonstrating such has not occurred or such has been remedied. 6.6 Title to any equipment, materials or goods purchased or generated with the Grant shall vest in BGP IPT provided BGP IPT uses such in accordance with Section 6.5. Notwithstanding any other provision in this Agreement, if BGP IPT does not use such equipment, materials or goods in accordance with Section 6.5, MPP may direct BGP IPT to sell, donate or otherwise transfer such equipment, materials or goods, and reimburse MPP the fair market value of such, if applicable. 6.7 Without limiting Section 6.6, subject to MPP’s prior written consent, during or after the Project, IPT may: (a) replace or substitute any equipment, materials or goods purchased or generated with the Grant with new or improved equipment, material or goods; or (b) sell, donate or otherwise transfer any equipment, materials or goods purchased or generated with the Grant, and reimburse MPP the fair market value of such equipment, materials or goods, if applicable.

Appears in 1 contract

Samples: Mrna Vaccine Technology Transfer Agreement

GRANT PAYMENT AND USE OF FUNDS. 6.1 Subject to the terms and conditions of this Agreement, and BGPINCEPTA’s compliance therewith, MPP will fund BGP INCEPTA for performing the Funded Project in accordance with the approved budget as set out in Section 1 of Annex 5 (“Budget”). The maximum amount shall not exceed the total amount of grant as set out in Section 1 of Annex 5 (“Grant”). Subject to Section 11.2, MPP shall have the right to increase or decrease the total Grant in accordance with the needs and the performance of the Funded Project. 6.2 The funds provided under this Agreement are to be spent by BGP INCEPTA exclusively in accordance with the Budget. BGP INCEPTA shall have the right to perform Budget revisions on a quarterly basis. BGP INCEPTA shall request MPP’s prior written approval if there is a variance of +/- 10% between the main budget categories. Any request for Budget modification must include sufficient documentation to justify such request. For the avoidance of doubt, no Budget revision or variance of the Budget’s categories that is permitted under this Section 6.2 shall result in BGP INCEPTA spending in excess of the total Grant. Any overspending on Budget will be at the cost of BGPINCEPTA, unless otherwise agreed between the Parties. 6.3 MPP shall make payments of the Grant to BGP INCEPTA in accordance with the payment schedule set out in Section 2 of Annex 5 (“Payment Schedule”). MPP shall pay the amounts in accordance with the Payment Schedule within 30 days from the completion of the relevant milestone of the Payment Schedule via a bank transfer to the BGP INCEPTA account set forth in Section 3 of Annex 5. 6.4 BGP INCEPTA acknowledges and agrees that the Grant Xxxxx is provided to BGP INCEPTA solely for the purposes of BGP INCEPTA performing the activities set out in the Scope of Work. BGP INCEPTA shall enter into the necessary sub- sub-agreements and perform the necessary administrative activities to ensure the performance of the activities set out in the Scope of Work. BGP INCEPTA shall not use the Grant to perform activities outside the Scope of Work unless as otherwise agreed to in writing by the Parties. 6.5 During the Project, BGP shall use the equipment, materials or goods, purchased or generated with the Grant primarily for the purpose of the Project. BGP may use such equipment, materials or goods for purposes other than the Project provided that such use does not interfere with, compete with or delay the Project. If MPP reasonably suspects or becomes aware that BGP’s use of such equipment, materials or goods has interfered with, competed with or delayed the Project, upon the request of MPP, BGP shall promptly provide MPP with documentary evidence demonstrating such has not occurred or such has been remedied. 6.6 Title to any equipment, materials or goods purchased or generated with the Grant shall vest in BGP provided BGP uses such in accordance with Section 6.5. Notwithstanding any other provision in this Agreement, if BGP does not use such equipment, materials or goods in accordance with Section 6.5, MPP may direct BGP to sell, donate or otherwise transfer such equipment, materials or goods, and reimburse MPP the fair market value of such, if applicable.

Appears in 1 contract

Samples: Mrna Vaccine Technology Transfer Agreement

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GRANT PAYMENT AND USE OF FUNDS. 6.1 Subject to the terms and conditions of this Agreement, and BGPIPD’s compliance therewith, MPP will fund BGP IPD for performing the Funded Project in accordance with the approved budget as set out in Section 1 of Annex 5 (“Budget”). The maximum amount shall not exceed the total amount of grant as set out in Section 1 of Annex 5 (“Grant”). Subject to Section 11.2, MPP shall have the right to increase or decrease the total Grant in accordance with the needs and the performance of the Funded Project. 6.2 The funds provided under this Agreement are to be spent by BGP IPD exclusively in accordance with the Budget. BGP IPD shall have the right to perform Budget revisions on a quarterly basis. BGP IPD shall request MPP’s prior written approval if there is a variance of +/- 10% between the main budget categories. Any request for Budget modification must include sufficient documentation to justify such request. For the avoidance of doubt, no Budget revision or variance of the Budget’s categories that is permitted under this Section 6.2 shall result in BGP IPD spending in excess of the total Grant. Any overspending on Budget will be at the cost of BGPIPD, unless otherwise agreed between the Parties. 6.3 MPP shall make payments of the Grant to BGP IPD in accordance with the payment schedule set out in Section 2 of Annex 5 (“Payment Schedule”). MPP shall pay the amounts in accordance with the Payment Schedule within 30 days from the completion of the relevant milestone of the Payment Schedule via a bank transfer to the BGP IPD account set forth in Section 3 of Annex 5. 6.4 BGP IPD acknowledges and agrees that the Grant is provided to BGP IPD solely for the purposes of BGP IPD performing the activities set out in the Scope of Work. BGP IPD shall enter into the necessary sub- agreements and perform the necessary administrative activities to ensure the performance of the activities set out in the Scope of Work. BGP IPD shall not use the Grant to perform activities outside the Scope of Work unless as otherwise agreed to in writing by the Parties. 6.5 During the Project, BGP shall use the equipment, materials or goods, purchased or generated with the Grant primarily for the purpose of the Project. BGP may use such equipment, materials or goods for purposes other than the Project provided that such use does not interfere with, compete with or delay the Project. If MPP reasonably suspects or becomes aware that BGP’s use of such equipment, materials or goods has interfered with, competed with or delayed the Project, upon the request of MPP, BGP shall promptly provide MPP with documentary evidence demonstrating such has not occurred or such has been remedied. 6.6 Title to any equipment, materials or goods purchased or generated with the Grant shall vest in BGP provided BGP uses such in accordance with Section 6.5. Notwithstanding any other provision in this Agreement, if BGP does not use such equipment, materials or goods in accordance with Section 6.5, MPP may direct BGP to sell, donate or otherwise transfer such equipment, materials or goods, and reimburse MPP the fair market value of such, if applicable.

Appears in 1 contract

Samples: Mrna Vaccine Technology Transfer Agreement

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