Participating Organisation Agreements. (a) You must enter into a Participating Organisation Agreement with all Participating Organisations before the Project Start Date.
(b) The level of detail in the agreement must be commensurate with the level of contribution from each organisation.
(c) The Participating Organisation Agreement/s must:
i. outline the roles, responsibilities, contributions and research that must be undertaken by You and relevant Participating Organisation
ii. describe the Intellectual Property (IP) arrangements that apply to the IP each party brings to the project (or background IP) as well as the outcomes or results generated by the project (or project IP)
iii. not impede or prevent You from complying with any of Your obligations under this Agreement.
(d) The Participating Organisation Agreement/s must comply with the conditions of the project as outlined in this Agreement.
(e) You must notify Us within 60 days if You identify that any other Participating Organisation is in default of any of its material obligations as a Participating Organisation.
(f) The Participating Organisation must agree upon transfer of the ownership of the IP:
i. to provide for the continued operation, of the project and teaching, research and development of new unencumbered IP by You
ii. to provide an assurance that upon any sale, closing down, dissolution and/or liquidation during the term of this Agreement, the ownership of the IP will be renegotiated with You, and
iii. to provide an assurance that upon the transfer of the ownership of IP, You have reasonable opportunity to retain the proposed benefits to Australia on which the Grant was awarded.
(g) The Participating Organisation must provide an indemnity in favour of You that covers any loss, liability or expense incurred or suffered by You as a result of any breach of this Agreement.
Participating Organisation Agreements. Where You are delivering the Project with other Participating Organisation(s), You must obtain the written agreement of all Participating Organisations to allow the project to start. The level of detail in the agreement must be commensurate with the level of contribution from each organisation. The Participating Organisation Agreement/s must: outline the roles, responsibilities, contributions and research that must be undertaken by You and the relevant Participating Organisation; describe the Intellectual Property (IP) arrangements that apply to the IP each party brings to the project (or background IP) as well as the outcomes or results generated by the project (or project IP); and not impede or prevent You from complying with any of Your obligations under this Agreement. The Participating Organisation Agreement must comply with the conditions of the project as outlined in this Agreement. You must retain the written agreement/s, and make it available if requested. The Participating Organisation must agree upon transfer of the ownership of Intellectual Property Rights in Activity Material: to provide for the continued operation, of the project and teaching, research and development of new unencumbered intellectual property by You; to provide an assurance that upon any sale, closing down, dissolution and/or liquidation of the Participating Organisation during the term of this Agreement, the ownership of the relevant Intellectual Property Rights will be renegotiated with You; to provide an assurance that upon the transfer of the ownership of the relevant Intellectual Property Rights, You have reasonable opportunity to retain the proposed benefits to Australia on which the Grant was awarded; and to provide an indemnity from the Participating Organisation in favour of You that covers any loss, liability or expense incurred or suffered by You as a result of any breach of this Agreement, including the provisions concerning intellectual property. You, Specified Personnel and Participating Organisations have an obligation to collect and maintain research data in accordance with the Australian Code for the Responsible Conduct of Research (2018). A data management plan must be developed prior to the commencement of the project. The data management plan should be consistent with relevant requirements contained in the Australian Code for the Responsible Conduct of Research (2018), and accompanying Management of Data and Information in Research guide. The data manageme...
Participating Organisation Agreements. 11.1. The Administering Organisation must not allow a Project to commence, nor Funding to be expended, until it has entered into an agreement with each other Participating Organisation in accordance with this clause. Notwithstanding this clause, please see Schedule C for ITRP commencement details.
11.2. The written agreement must be entered into with each other Participating Organisation before the Final Commencement Date and must include provisions that:
(a) outline the roles, contributions and research that will be undertaken by the Administering Organisation and relevant Participating Organisation;
(b) outline the roles, contributions and research that will be undertaken by any other Participating Organisation;
(c) under the ITRH and ITTC schemes, outline the responsibilities of the Participating Organisation in contributing to the governance of the Project;
(d) under the LIEF scheme, outline the location of the Research Infrastructure;
(e) under the LIEF scheme, outline the terms and conditions of access to the Research Infrastructure for both Specified Personnel and users of the Research Infrastructure named in the Proposal;
(f) under the LIEF scheme, outline the terms and conditions of access to the Research Infrastructure for researchers not associated with the Project;
(g) under the LIEF scheme, outline the details of the arrangements and costs of managing the Research Infrastructure (including any recurrent expenditure) and how any costs will be distributed across the users of the Research Infrastructure;
(h) describe the Intellectual Property (IP) arrangements that apply to the IP each party brings to the Project (or background IP) as well as to the outcomes or results generated by the Project (or Project IP). Such arrangements must take into account maximising the return of benefits to Australia and unless otherwise approved by the ARC, comply with the National Principles of Intellectual Property Management for Publicly Funded Research and/or any successor document;
(i) outline the roles and responsibilities of the Administering Organisation and Other Eligible Organisations in relation to notification of research integrity matters in accordance with the ARC Research Integrity and Research Misconduct Policy and the investigation and management of breaches of the Australian Code for the Responsible Conduct of Research (2007);
(j) describe the processes for the entry and exit of all Participating Organisations, including arrangements (such as re-ne...
Participating Organisation Agreements. 9.1 The Administering Organisation will provide all other Participating Organisations with a copy of this Agreement within a reasonable time after the execution of the Agreement.
9.2 The Administering Organisation must not allow a Centre to commence, nor Funding to be expended, until it has entered into an agreement, or agreements, with all other Participating Organisations in accordance with this clause 9.
9.3 The Administering Organisation may enter into a single agreement with multiple organisations or a single agreement with a single organisation as appropriate.
9.4 The agreement, or agreements, must be entered into before the final date of commencement as stated in clause 11 or by any later date as approved by the ARC under clause 12,
9.5 Evidence of agreement to participate in a Centre is to be retained by the Administering Organisation and must be made available if requested by the ARC.
9.6 The agreement, or agreements, must satisfy the requirements of this clause 9 at all times during the Funding Period for a Centre.
9.7 An agreement, or agreements, entered into by the Administering Organisation with all other Participating Organisations must include provisions which:
(a) state the role and contribution to a Centre’s Research Programme of each Participating Organisation;
(b) state the financial commitment from each Participating Organisation;
(c) confirm compliance with the requirements related to Participating Organisations as stated in the Funding Rules;
(d) are consistent with the details in the Centre Proposal, except as set out in clause 9.8;
(e) confirm the participation of Specified Personnel;
(f) outline the payment of salaries for Personnel;
(g) grant fair access to resources for Personnel;
(h) describe the Intellectual Property (IP) arrangements that apply to the IP each party brings to a Centre (‘background IP’), as well as to the outcomes or results generated by a Centre (‘Centre IP’). Such arrangements must take into account the maximisation of benefits to Australia and must comply with the National Principles of Intellectual Property Management for Publicly Funded Research;
(i) describe the processes for the entry and exit of all Participating Organisations, including arrangements (such as re-negotiation options) for any continuing use and/or ownership of background IP and Centre IP when a Participating Organisation withdraws from the Centre or when a Partner Organisation is closed down, dissolved, liquidated or sold; and
(j) confirm ...
Participating Organisation Agreements. 8.1 This clause 8 shall only apply where the Project will be undertaken by the Recipient and one or more Participating Organisations.
8.2 The Recipient must not allow a Project to commence, nor any amount of the Grant to be expended, until it has entered into a written agreement with each Participating Organisation in accordance with this clause 8. The Recipient must reach agreement with each Participating Organisation and enter into a written agreement with each such organisation before the Commencement Date of the Project.
8.3 An agreement entered into with a Participating Organisation must include provisions that:
(a) detail the role of the Participating Organisation to the Project;
(b) detail the Co-funding Cash Contribution of the Participating Organisation to the Project;
(c) describe the Intellectual Property arrangements that apply to the outcome or results generated by the Project;
(d) are consistent with details contained in the application for funding submitted to the Department in relation to the Project, except as provided for in clause 8.6;
(e) do not impede or prevent the Recipient from complying with any of its obligations under this Agreement;
(f) reflect the terms of this clause 8; and
(g) reflect the terms of clause 9 and clause 16 of this Agreement.
8.4 A written agreement entered into under this clause 8 must continue to satisfy the requirements of this clause 8 at all times during the Term.
8.5 The Recipient must ensure that the Participating Organisation’s Co-funding Cash Contribution for a Project satisfies the requirements of this Agreement.
8.6 Unless otherwise approved by the Department, the Recipient must ensure that each Participating Organisation provides the Co-funding Cash Contributions as set out in the application for funding submitted for the Project. However, if the Grant amount for a Project is less than the amount requested in the application for that Project, the Participating Organisation’s Co-funding Cash Contribution may be reduced by the same proportion.
8.7 Once the written agreement for a Project has been entered into by the Recipient and all Participating Organisations, the Recipient must provide a copy of that agreement to the Department.
8.8 If a written agreement between a Participating Organisation and the Recipient is revised to change the level of cash contributions, the Recipient must provide to the Department a copy of the revised agreement.
8.9 If the Recipient receives notice that a Participating Orga...
Participating Organisation Agreements. This clause 10 shall only apply where the Project will be undertaken by the Recipient and one or more Participating Organisations. Each Participating Organisation Agreement must include provisions that: detail the role of the Participating Organisation in the Project; detail the contribution to the Co-funding Amount (including cash and in-kind contributions) to be made by the Participating Organisation to the Project; describe the Intellectual Property arrangements that apply to the outcome or results generated by the Project; are consistent with details contained in the application for funding submitted to the Department in relation to the Project; require the Participating Organisation to comply with the following clauses to the same extent the Recipient is required to comply with such clauses: clauses 11.1(b) and 11.1(c) (Publicity and promotion);
Participating Organisation Agreements. 10.1. The Administering Organisation must not allow a Project to commence, nor Funding to be expended, until it has entered into an agreement with each other Participating Organisation in accordance with this clause 10.
10.2. A written agreement must be entered into with each other Participating Organisation before the Final Commencement Date as stated in clause 12 and must include provisions that:
(a) outline the roles, contributions and research that will be undertaken by the Administering Organisation and relevant Participating Organisation;
(b) outline the roles, contributions and research that will be undertaken by any other Participating Organisation;
(c) describe the Intellectual Property (IP) arrangements that apply to the IP each party brings to the Project (or background IP) as well as to the outcomes or results generated by the Project (or Project IP). Such arrangements must take into account maximising the return of benefits to Australia and unless otherwise approved by the ARC, comply with the National Principles of Intellectual Property Management for Publicly Funded Research and/or any successor document;
(d) outline the roles and responsibilities of the Administering Organisation and Other Eligible Organisations in relation to notification of research integrity matters in accordance with the ARC Research Integrity and Research Misconduct Policy and the investigation and management of breaches of the Australian Code for the Responsible Conduct of Research (2007);
(e) are consistent with details contained in the Proposal; and
(f) do not impede or prevent the Administering Organisation from complying with any of its obligations under this Agreement.
10.3. The written agreement under clause 10.2 should also consider including provisions that:
(a) provide an assurance from the Participating Organisation for the continued operation of the Project unhindered by ownership of IP;
(b) provide an assurance that following the transfer of any IP by the Administering Organisation to the Participating Organisation, the Administering Organisation may continue to teach and research in any and all areas protected by the IP;
(c) provide an assurance that where the ownership of any IP is transferred to a Participating Organisation as a result of the collaboration for which funding is provided, upon the closing down, dissolution and/or liquidation of the Participating Organisation, during the term of the Agreement, the ownership of the IP shall be renegotiated ...
Participating Organisation Agreements. 9.1. The Administering Organisation must not allow a Project to start, nor Funding to be expended, until it has entered into an agreement, or agreements, with all other Participating Organisation in accordance with this clause.
9.2. The Administering Organisation may enter into a single agreement with multiple organisations or a single agreement with a single organisation as appropriate. The Administering Organisation will retain the agreement or agreements, and make them available to the ARC if required.
9.3. Evidence of agreement to participate in a Project must be obtained from all relevant persons and organisations involved in the Project. This evidence is to be retained by the Administering Organisation and must be made available if requested by the ARC.
9.4. The agreement, or agreements, must satisfy the requirements of this clause at all times during the Project Activity Period for the Project.
9.5. The agreement, or agreements, must be entered into with all other Participating Organisation before the Final Commencement Date and must include provisions which:
(a) state the roles, contributions (including financial contributions) and research that will be undertaken by the Administering Organisation and each Participating Organisation;
(b) confirm compliance with the requirements related to Participating Organisations as stated in the Grant Guidelines;
(c) are consistent with the details in the Proposal, except as provided for in this clause;
(d) confirm the participation of Specified Personnel;
(e) describe the Intellectual Property (IP) arrangements that apply to the IP each party brings to the Project (‘background IP’) as well as to the outcomes or results generated by the Project (‘Project IP’). Such arrangements must take into account maximising the return of benefits to Australia and unless otherwise approved by the ARC, comply with the National Principles of Intellectual Property Management for Publicly Funded Research and/or any successor document;
(f) confirm the agreement of Participating Organisations to grant the Commonwealth and State/Territory Governments a permanent, non-exclusive, irrevocable, royalty-free licence (including a right to sub-licence) to use, modify, communicate, reproduce, publish and adapt the Material produced by the Project;
(g) describe the processes for the entry and exit of all Participating Organisations, including arrangements (such as re-negotiation options) for any continuing use and/or ownership of background...
Participating Organisation Agreements. 2.1 In addition to the requirements described in clause A2.2.4, Participating Organisation Agreements for LIEF projects must:
(a) outline the location of the Research Infrastructure;
(b) outline the terms and conditions of access to the Research Infrastructure for both Specified Personnel and users of the Research Infrastructure named in the application;
(c) outline the terms and conditions of access to the Research Infrastructure for researchers not associated with the project; and
(d) outline the details of the arrangements and costs of managing the Research Infrastructure (including any recurrent expenditure) and how any costs will be distributed across the users of the Research Infrastructure.
Participating Organisation Agreements. This clause 11 shall only apply where the Project will be undertaken by the Recipient and one or more Participating Organisations. Each Participating Organisation Agreement must include provisions that: detail the role of the Participating Organisation in the Project; detail the contribution to the Co-funding Amount to be made by the Participating Organisation to the Project; describe the Intellectual Property arrangements that apply to the outcome or results generated by the Project; are consistent with details contained in the application for funding submitted to the Department in relation to the Project; require the Participating Organisation to comply with the following clauses to the same extent the Recipient is required to comply with such clauses: clauses 12.1(c) and 12.1(d) (Publicity and promotion); clause 14 (Records audit and inspection); clause 18 (Intellectual Property); clause 19.1 (Indemnity); clause 19.4 (Insurance); clause 20 (Confidentiality); clause 21 (Conflict of interest); and
