Payment of Funding. 5.1 Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient funding being available for the Scheme, the ARC will pay the approved amount of Funds to the Administering Organisation for a Centre, which is exclusive of any GST which may be imposed on the supply, in progressive monthly instalments in accordance with Schedule A. 5.2 Where the invoice relates to a taxable supply made under this Agreement, the invoice must comply with the requirement for a tax invoice as defined in the GST Act. 5.3 All Funding for a Centre is subject to the following conditions: (a) that a Centre commence in accordance with clause 11 or by any later date approved by the ARC under clause 12; (b) that the Centre Director (or any replacement person approved by the ARC under clause 14) lead and coordinate a Centre at all times during the Funding Period, including by having direct responsibility for the strategic decisions and communications of the results of the Centre; (c) that the Administering Organisation conduct a Centre’s Research Programme substantially in accordance with the ‘Programme Description’ contained in the Centre Proposal, or in the event of any variation to a Centre’s Research Programme, in accordance with the description, aims and research plans as otherwise approved by the ARC; (d) that the Administering Organisation spend all Funds paid under this Agreement for a Centre substantially in accordance with the ‘Programme Cost’ stated in the Centre Proposal and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding Rules; (e) that the Administering Organisation only receive Funding under this Agreement to which it is properly entitled; (f) that the Administering Organisation enter into and maintain an agreement or agreements with all other Participating Organisations which meet the requirements under clause 9; (g) that the Administering Organisation submit on time all reports required under this Agreement, in the form and with content satisfactory to the ARC; (h) that the progress of a Centre is satisfactory in the opinion of the ARC; (i) that all information contained in the Centre Proposal and all reports required by this Agreement being complete, accurate and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. describing a paper as being ‘in press’ or accepted when it has only been submitted; (j) that all Specified Personnel (or any new or replacement person or persons approved by the ARC under clause 14), at all times during her/his participation in a Centre meet the eligibility criteria as set out in the Funding Rules, including by having responsibility for strategic decisions and communication of results for the Centre; (k) that the ARC is advised in a timely manner if any Specified Personnel are not able to participate in a Centre at any time after the Commencement Date and until the end of the Funding Period and that any change to Specified Personnel is approved by the ARC in accordance with clause 14; (l) that for the duration of the Funding Period, the Administering Organisation is advised of any actual or potential Conflicts of Interest of parties involved in a Centre which have the potential to influence or appear to influence the research and/or activities related to the Centre; (m) that the Administering Organisation has documented and established processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required; (n) that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities funded for a Centre under this Agreement; (o) that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre under this Agreement; (p) that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds; (q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement and the Funding Rules; and (r) that the Administering Organisation comply with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement. 5.4 If the Administering Organisation does not meet any one or more of the conditions listed in clause 5.3 in respect of a Centre, the ARC may do any or all of the following: (a) not pay the Administering Organisation any further Funds for a Centre; (b) recover all or some of the Funds paid under this Agreement for a Centre, including all unspent Funds and any funds not spent in accordance with this Agreement; (c) vary the amount of Funding approved for a Centre. 5.5 The ARC shall have the right to unilaterally vary the amounts for any or all Centres, including through a determination under section 54 of the ARC Act. 5.6 Where the ARC exercises its right under clause 5.3, 5.4 or 5.5 above, it shall inform the Administering Organisation of the variation within 30 days of that variation being made. 5.7 The Administering Organisation must pay to the ARC the amount specified in any notice received under clause 5.4(b) within 30 days of the date of that notice. 5.8 The ARC requires Administering Organisations to inform the ARC when significant problems occur with an ARC-funded Centre and/or with any serious matters concerning associated Specified Personnel. Such matters should be directed to the ARC Centres team.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Payment of Funding. 5.1 4.1. Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient program funding being available for the Scheme, the ARC will Commonwealth shall pay the approved amount of Funds to the Administering Organisation for a Centre, which is exclusive of any GST which may be imposed on the supply, each Project in progressive monthly instalments in accordance with Schedule A.
5.2 Where the invoice relates to a taxable supply made under this AgreementFunding Offer except for LIEF, the invoice must comply with the requirement for a tax invoice as defined in the GST Actwhich receives annual payment(s).
5.3 4.2. All Funding for a Centre Project is subject to the following conditions:
(a) that a Centre commence the Project starts in accordance with clause 11 the relevant scheme’s Final Commencement Date or by any later date approved by the ARC under clause 12ARC;
(b) that the Centre Director (Project Leader listed in the Funding Offer, or any replacement person as otherwise approved by the ARC under clause 14) ARC, lead and coordinate a Centre at all times the Project during the Funding Project Activity Period, including by having direct responsibility for the strategic decisions and communications the communication of results for the results of the CentreProject;
(c) that the Administering Organisation conduct a Centre’s Research Programme conducts the Project substantially in accordance with the ‘Programme Project Description’ contained in the Centre ProposalProposal for that Project, or in the event of any variation to a Centre’s Research Programmethe Project, in accordance with the description, aims and research plans plan as otherwise approved by the ARC;
(d) that the Administering Organisation spend spends all Funds paid under this Agreement for a Centre each Project substantially in accordance with the ‘Programme Project Cost’ stated detailed in the Centre Proposal for that Project and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding Rules;
(e) that the Administering Organisation only receive receives Funding under this Agreement to which it is properly entitled;
(f) that the Administering Organisation enter enters into (and maintain maintains) an agreement or agreements with all each other Participating Organisations which meet Organisation that meets the requirements under of clause 911;
(g) that under the LIEF scheme, the Cash Contributions from Participating Organisations are paid to the Administering Organisation submit by 30 October 2019, unless otherwise approved by the ARC;
(h) that under the LIEF scheme, and where a Project involves coordinated access to an international facility, the Administering Organisation enters into (and maintains) an agreement with each international facility that meets the requirements of clause 12;
(i) that the Partner Organisation contributions for a Project satisfy the requirements set out in this Agreement (including in Schedule C for the ITRH and LP schemes) and the Funding Rules, unless otherwise approved by the ARC;
(j) that the Administering Organisation submits on time all reports required under this Agreement, in the form and with content satisfactory to the ARC;
(hk) that the progress of a Centre is satisfactory the Project is, in the opinion of the ARC;
(i) that all information contained in the Centre Proposal and all reports required by this Agreement being complete, accurate and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. describing a paper as being ‘in press’ or accepted when it has only been submitted;
(j) that all Specified Personnel (or any new or replacement person or persons approved by the ARC under clause 14), at all times during her/his participation in a Centre meet the eligibility criteria as set out in the Funding Rules, including by having responsibility for strategic decisions and communication of results for the Centre;
(k) that the ARC is advised in a timely manner if any Specified Personnel are not able to participate in a Centre at any time after the Commencement Date and until the end of the Funding Period and that any change to Specified Personnel is approved by the ARC in accordance with clause 14satisfactory;
(l) that all Specified Personnel at all times during their participation in a Project, meet the eligibility criteria specified in the Funding Rules, and have direct responsibility for the duration strategic decisions and the communication of results for the Project;
(m) that all Specified Personnel have the capacity to make a serious commitment to carrying out the Project and will not assume the role of a supplier of resources for work that will largely be placed in the hands of others;
(n) that all Participating Organisations, at all times during their participation in a Project, meet the eligibility criteria specified in the Funding Period, Rules;
(o) that each participant or organisation named in a Proposal must declare to the Administering Organisation is advised of any actual or potential all Conflicts of Interest Interest, that exist or are likely to arise in relation to any aspect of parties involved in a Centre the Project, which may have the potential to influence or appear to influence the research and/or activities related to the CentreProject;
(mp) that the Administering Organisation has documented and established implements processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required);
(nq) that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities (including for Research Infrastructure under the LIEF scheme) funded for a Centre under this Agreement;
(or) that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre under this Agreement;
(ps) that the ARC is notified in writing in a timely manner if any Specified Personnel is not able to undertake the Project, or to continue to undertake the Project, and that any change in Specified Personnel is approved in accordance with clause 16;
(t) that the Administering Organisation’s funding contribution for each Project satisfies the requirements set out in the Funding Rules, unless otherwise approved by the Minister;
(u) that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds;
(q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement and the Funding Rules; and
(rv) that the Administering Organisation comply complies with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement.
5.4 4.3. If the Administering Organisation does not meet any one or more of the conditions listed in this clause 5.3 in respect of a CentreProject, the ARC Commonwealth may do any or all of the following:
(a) not pay the Administering Organisation any further Funds for a Centrethat Project;
(b) recover all or some of the Funds paid under this Agreement for a Centrethat Project, including all unspent Funds and any funds Funds not spent in accordance with this Agreement;; and/or
(c) vary the amount of Funding approved for a Centrethat Project.
5.5 The ARC shall have the right to unilaterally vary the amounts for any or all Centres, including through a determination under section 54 of the ARC Act.
5.6 Where the ARC exercises its right under clause 5.3, 5.4 or 5.5 above, it shall inform the Administering Organisation of the variation within 30 days of that variation being made.
5.7 4.4. The Administering Organisation must pay to the ARC Commonwealth the amount specified in any notice received under this clause 5.4(b) above within 30 days of the date of that notice.
5.8 4.5. The Commonwealth will pay to the Administering Organisation, by way of financial assistance in accordance with the ARC requires Administering Organisations Act, the approved amounts set out in the Funding Offer, which is exclusive of any GST which may be imposed on the supply.
4.6. The Commonwealth shall have the right to vary, unilaterally, the amounts for any or all Projects.
4.7. In the event that the Minister makes a determination to vary the funding, the Commonwealth shall have the right to modify, unilaterally, the rates set out in this Agreement.
4.8. Where the Commonwealth exercises its right under this clause it shall inform the ARC when significant problems occur with an ARC-funded Centre and/or with any serious matters concerning associated Specified Personnel. Such matters should be directed to Administering Organisation in writing of the ARC Centres teamvariation within 30 days of execution of that variation.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Payment of Funding. 5.1 4.1. Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient program funding being available for the Scheme, the ARC will Commonwealth shall pay the approved amount of Funds to the Administering Organisation for a Centre, which is exclusive of any GST which may be imposed on the supply, each Project in progressive monthly instalments in accordance with Schedule A.
5.2 Where the invoice relates to a taxable supply made under this Agreement, the invoice must comply with the requirement for a tax invoice as defined in the GST ActFunding Offer.
5.3 4.2. All Funding for a Centre Project is subject to the following conditions:
(a) that a Centre commence the Project starts in accordance with clause 11 the relevant scheme’s Final Commencement Date or by any later date approved by the ARC under clause 12ARC;
(b) that the Centre Director (Project Leader listed in the Funding Offer, or any replacement person as otherwise approved by the ARC under clause 14) lead ARC, leads and coordinate a Centre at all times coordinates the Project during the Funding Project Activity Period, including by having direct responsibility for the strategic decisions and communications the communication of results for the results of the CentreProject;
(c) that the Administering Organisation conduct a Centre’s Research Programme conducts the Project substantially in accordance with the ‘Programme Project Description’ contained in the Centre ProposalProposal for that Project, or in the event of any variation to a Centre’s Research Programmethe Project, in accordance with the description, aims and research plans plan as otherwise approved by the ARC;
(d) that the Administering Organisation spend spends all Funds paid under this Agreement for a Centre each Project substantially in accordance with the ‘Programme Project Cost’ stated detailed in the Centre Proposal for that Project and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC ARC, in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding Rules;
(e) that the Administering Organisation only receive receives Funding under this Agreement to which it is properly entitled;
(f) that the Administering Organisation enter into and maintain an agreement or agreements with all other Participating Organisations which meet the requirements under clause 9;
(g) that the Administering Organisation submit submits on time all reports required under this Agreement, in the form and with content satisfactory to the ARC;
(hg) that the progress of a Centre is satisfactory the Project is, in the opinion of the ARC, satisfactory;
(h) that all Specified Personnel at all times during their participation in a Project, meet the eligibility criteria specified in the Funding Rules, and have direct responsibility for the strategic decisions and the communication of results for the Project;
(i) that all information contained Specified Personnel have the capacity to make a serious commitment to carrying out the Project and will not assume the role of a supplier of resources for work that will largely be placed in the Centre Proposal and all reports required by this Agreement being complete, accurate and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. describing a paper as being ‘in press’ or accepted when it has only been submittedhands of others;
(j) that all Specified Personnel (each participant or any new or replacement person or persons approved by the ARC under clause 14), at all times during her/his participation organisation named in a Centre meet the eligibility criteria as set out in the Funding Rules, including by having responsibility for strategic decisions and communication of results for the Centre;
(k) that the ARC is advised in a timely manner if any Specified Personnel are not able Proposal must declare to participate in a Centre at any time after the Commencement Date and until the end of the Funding Period and that any change to Specified Personnel is approved by the ARC in accordance with clause 14;
(l) that for the duration of the Funding Period, the Administering Organisation is advised of any actual or potential all Conflicts of Interest that exist or are likely to arise in relation to any aspect of parties involved in a Centre the Project, which may have the potential to influence or appear to influence the research and/or activities related to the CentreProject;
(mk) that the Administering Organisation has documented and established implements processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required);
(nl) that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities funded for a Centre under this Agreement;
(om) that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre the Project under this Agreement;
(n) that the ARC is notified in writing in a timely manner if any Specified Personnel is not able to undertake the Project, or to continue to undertake the Project, and that any change in Specified Personnel is approved in accordance with clause 15;
(o) that the Administering Organisation’s funding contribution for each Project satisfies the requirements set out in the Funding Rules, unless otherwise approved by the Minister;
(p) that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds;; and
(q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement and the Funding Rules; and
(r) that the Administering Organisation comply complies with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement.
5.4 4.3. If the Administering Organisation does not meet any one or more of the conditions listed in this clause 5.3 in respect of a CentreProject, the ARC Commonwealth may do any or all of the following:
(a) not pay the Administering Organisation any further Funds for a Centrethat Project;
(b) recover all or some of the Funds paid under this Agreement for a Centrethat Project, including all unspent Funds and any funds Funds not spent in accordance with this Agreement;; and/or
(c) vary the amount of Funding approved for a Centrethat Project.
5.5 The ARC shall have the right to unilaterally vary the amounts for any or all Centres, including through a determination under section 54 of the ARC Act.
5.6 Where the ARC exercises its right under clause 5.3, 5.4 or 5.5 above, it shall inform the Administering Organisation of the variation within 30 days of that variation being made.
5.7 4.4. The Administering Organisation must pay to the ARC Commonwealth the amount specified in any notice received under this clause 5.4(b) within 30 days of the date of that notice.
5.8 4.5. The Commonwealth will pay to the Administering Organisation, by way of financial assistance in accordance with the ARC requires Administering Organisations Act, the approved amounts set out in the Funding Offer, which is exclusive of any GST which may be imposed on the supply.
4.6. The Commonwealth shall have the right to vary, unilaterally, the amounts for any or all Projects.
4.7. In the event that the Minister makes a determination to vary the funding, the Commonwealth shall have the right to modify, unilaterally, the rates set out in this Agreement.
4.8. Where the Commonwealth exercises its right under this clause, it shall inform the ARC when significant problems occur with an ARC-funded Centre and/or with any serious matters concerning associated Specified Personnel. Such matters should be directed to Administering Organisation in writing of the ARC Centres teamvariation within 30 days of execution of that variation.
Appears in 1 contract
Samples: Funding Agreement
Payment of Funding. 5.1 Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient program funding being available for the Scheme, the ARC will Commonwealth shall pay the approved amount of Funds to the Administering Organisation for a Centre, which each Project in accordance with the Funding Offer. Project Funding is exclusive of any GST which may be imposed on the supply, supply and will be paid in progressive monthly instalments in accordance with Schedule A.
5.2 Where the invoice relates to a taxable supply made under this Agreement, the invoice must comply with the requirement for a tax invoice as defined in the GST Act.
5.3 instalments. All Funding for a Centre Project is subject to the following conditions:
(a) : that a Centre commence the Project starts in accordance with clause 11 the Initiative’s Final Commencement Date or by any later date approved by the ARC under clause 12;
(b) ARC; that the Centre Director (Project Leader listed in the Funding Offer, or any replacement person as otherwise approved by the ARC under clause 14) lead ARC, leads and coordinate a Centre at all times coordinates the Project during the Funding Project Activity Period, including by having direct responsibility for the strategic decisions and communications the communication of results for the results of the Centre;
(c) Project; that the Administering Organisation conduct a Centre’s Research Programme conducts the Project substantially in accordance with the ‘Programme Project Description’ contained in the Centre ProposalProposal for that Project, or in the event of any variation to a Centre’s Research Programmethe Project, in accordance with the description, aims and research plans plan as otherwise approved by the ARC;
(d) ; that the Administering Organisation spend spends all Funds paid under this Agreement for a Centre each Project substantially in accordance with the ‘Programme Project Cost’ stated in the Centre Proposal for that Project and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding Rules;
(e) Grant Guidelines; that the Administering Organisation only receive receives Funding under this Agreement to which it is properly entitled;
(f) ; that the Administering Organisation enter enters into and maintain maintains an agreement or agreements with all other Participating Organisations which meet Organisation that meets the requirements under of clause 9;
(g) 10; that the Administering Organisation’s funding contribution for a Project satisfies the requirements set out in the Grant Guidelines, unless otherwise approved by the Minister; that the Partner Organisation contributions for a Project satisfy the requirements set out in this Agreement and the Grant Guidelines, unless otherwise approved by the ARC; that the Administering Organisation submit submits on time all reports required under this Agreement, in the form and with content satisfactory to the ARC;
(h) ; that the progress of a Centre the Project is satisfactory in the opinion of the ARC;
(i) ; that all information contained in the Centre Proposal for that Project and all reports required by this Agreement being from the Administering Organisation is complete, accurate and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. for example describing a paper as being ‘in press’ or accepted when even though it has only been submitted;
(j) . that all Specified Personnel (or any new or replacement person or persons approved by the ARC under clause 14), at all times during her/his their participation in a Centre Project, meet the eligibility criteria as set out specified in the Funding RulesGrant Guidelines, including by having responsibility for the strategic decisions and the communication of results for the Centre;
(k) Project; that the ARC is advised notified in writing in a timely manner if any Specified Personnel are not able to participate in a Centre at any time after undertake the Commencement Date and until Project, or to continue to undertake the end of the Funding Period Project, and that any change to in Specified Personnel is approved by the ARC in accordance with clause 14;
(l) 15; that for the duration of the Funding Period, each participant or organisation named in a Proposal declares to the Administering Organisation is advised of any actual or potential all Conflicts of Interest Interest, that exist or are likely to arise in relation to any aspect of parties involved in a Centre the Project, which may have the potential to influence or appear to influence the research and/or activities related to the Centre;
(m) Project; that the Administering Organisation has documented and established implements processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required;
(n) ); that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities funded for a Centre under this Agreement;
(o) ; that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre under this Agreement;
(p) ; that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds;
(q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement ; and the Funding Rules; and
(r) that the Administering Organisation comply complies with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement.
5.4 . If the Administering Organisation does not meet any one or more of the conditions listed in this clause 5.3 in respect of a CentreProject, the ARC Commonwealth may do any or all of the following:
(a) : not pay the Administering Organisation any further Funds for a Centre;
(b) that Project; recover all or some of the Funds paid under this Agreement for a Centrethat Project, including all unspent Funds and any funds Funds not spent in accordance with this Agreement;
(c) ; and/or vary the amount of Funding approved for a Centre.
5.5 that Project. The ARC Commonwealth shall have the right to unilaterally vary modify the amounts Funding for any or all CentresProjects, including through a determination under section 54 of the ARC Act.
5.6 Ministerial determination. Where the ARC Commonwealth exercises its right under this clause 5.3, 5.4 or 5.5 above, it shall inform the Administering Organisation in writing of the variation within 30 days of the execution of that variation being made.
5.7 variation. The Administering Organisation must pay to the ARC Commonwealth the amount specified in any notice received under this clause 5.4(b) above within 30 days of the date of that notice.
5.8 The ARC requires Administering Organisations to inform the ARC when significant problems occur with an ARC-funded Centre and/or with any serious matters concerning associated Specified Personnel. Such matters should be directed to the ARC Centres team.
Appears in 1 contract
Samples: Grant Agreement
Payment of Funding. 5.1 Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient program funding being available for the Scheme, the ARC will Commonwealth shall pay the approved amount of Funds to the Administering Organisation for a Centre, which is exclusive of any GST which may be imposed on the supply, each Project in progressive monthly instalments in accordance with Schedule A.
5.2 Where the invoice relates to a taxable supply made under this Agreement, the invoice must comply with the requirement for a tax invoice as defined in the GST Act.
5.3 Funding Offer. All Funding for a Centre Project is subject to the following conditions:
(a) : that a Centre commence the Project starts in accordance with clause 11 the relevant scheme’s Final Commencement Date or by any later date approved by the ARC under clause 12;
(b) ARC; that the Centre Director (Project Leader listed in the Funding Offer, or any replacement person as otherwise approved by the ARC under clause 14) lead ARC, leads and coordinate a Centre at all times coordinates the Project during the Funding Project Activity Period, including by having direct responsibility for the strategic decisions and communications the communication of results for the results of the Centre;
(c) Project; that the Administering Organisation conduct a Centre’s Research Programme conducts the Project substantially in accordance with the ‘Programme Project Description’ contained in the Centre ProposalProposal for that Project, or in the event of any variation to a Centre’s Research Programmethe Project, in accordance with the description, aims and research plans plan as otherwise approved by the ARC;
(d) ; that the Administering Organisation spend spends all Funds paid under this Agreement for a Centre each Project substantially in accordance with the ‘Programme Project Cost’ stated detailed in the Centre Proposal for that Project and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC ARC, in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding Rules;
(e) ; that the Administering Organisation only receive receives Funding under this Agreement to which it is properly entitled;
(f) ; that the Administering Organisation enter into and maintain an agreement or agreements with all other Participating Organisations which meet the requirements under clause 9;
(g) that the Administering Organisation submit submits on time all reports required under this Agreement, in the form and with content satisfactory to the ARC;
(h) ; that the progress of a Centre is satisfactory the Project is, in the opinion of the ARC;
(i) that all information contained in the Centre Proposal and all reports required by this Agreement being complete, accurate and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. describing a paper as being ‘in press’ or accepted when it has only been submitted;
(j) satisfactory; that all Specified Personnel (or any new or replacement person or persons approved by the ARC under clause 14), at all times during her/his their participation in a Centre Project, meet the eligibility criteria as set out specified in the Funding Rules, including by having and have direct responsibility for the strategic decisions and the communication of results for the Centre;
(k) Project; that all Specified Personnel have the ARC is advised capacity to make a serious commitment to carrying out the Project and will not assume the role of a supplier of resources for work that will largely be placed in the hands of others; that each participant or organisation named in a timely manner if any Specified Personnel are not able Proposal must declare to participate in a Centre at any time after the Commencement Date and until the end of the Funding Period and that any change to Specified Personnel is approved by the ARC in accordance with clause 14;
(l) that for the duration of the Funding Period, the Administering Organisation is advised of any actual or potential all Conflicts of Interest that exist or are likely to arise in relation to any aspect of parties involved in a Centre the Project, which may have the potential to influence or appear to influence the research and/or activities related to the Centre;
(m) Project; that the Administering Organisation has documented and established implements processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required;
(n) ); that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities funded for a Centre under this Agreement;
(o) ; that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre the Project under this Agreement;
(p) ; that the ARC is notified in writing in a timely manner if any Specified Personnel is not able to undertake the Project, or to continue to undertake the Project, and that any change in Specified Personnel is approved in accordance with clause 15; that the Administering Organisation’s funding contribution for each Project satisfies the requirements set out in the Funding Rules, unless otherwise approved by the Minister; that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds;
(q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement ; and the Funding Rules; and
(r) that the Administering Organisation comply complies with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement.
5.4 . If the Administering Organisation does not meet any one or more of the conditions listed in this clause 5.3 in respect of a CentreProject, the ARC Commonwealth may do any or all of the following:
(a) : not pay the Administering Organisation any further Funds for a Centre;
(b) that Project; recover all or some of the Funds paid under this Agreement for a Centrethat Project, including all unspent Funds and any funds Funds not spent in accordance with this Agreement;
(c) ; and/or vary the amount of Funding approved for a Centre.
5.5 The ARC shall have the right to unilaterally vary the amounts for any or all Centres, including through a determination under section 54 of the ARC Act.
5.6 Where the ARC exercises its right under clause 5.3, 5.4 or 5.5 above, it shall inform the Administering Organisation of the variation within 30 days of that variation being made.
5.7 Project. The Administering Organisation must pay to the ARC Commonwealth the amount specified in any notice received under this clause 5.4(b) within 30 days of the date of that notice.
5.8 . The Commonwealth will pay to the Administering Organisation, by way of financial assistance in accordance with the ARC requires Administering Organisations Act, the approved amounts set out in the Funding Offer, which is exclusive of any GST which may be imposed on the supply. The Commonwealth shall have the right to vary, unilaterally, the amounts for any or all Projects. In the event that the Minister makes a determination to vary the funding, the Commonwealth shall have the right to modify, unilaterally, the rates set out in this Agreement. Where the Commonwealth exercises its right under this clause, it shall inform the ARC when significant problems occur Administering Organisation in writing of the variation within 30 days of execution of that variation. Taxes, duties and government charges The Administering Organisation agrees to pay all taxes, duties and government charges imposed or levied in Australia or overseas in connection with an ARC-funded Centre and/or with the performance of this Agreement. If Goods and Services Tax (GST) is payable by a supplier on any serious matters concerning associated Specified Personnel. Such matters should be directed supply made under this Agreement, the recipient of the supply will pay to the ARC Centres team.supplier an amount equal to the GST payable on the supply, in addition to and at the same time that the consideration for the supply is to be provided under this Agreement. If at the commencement of the Agreement the Administering Organisation is not registered for GST and during the term of the Agreement the Administering Organisation becomes, or is required to become, registered for GST, the Administering Organisation agrees to notify the Commonwealth in writing within 7 days of becoming registered for GST. Accuracy of Information The provision of any Funding for a Project is conditional on all information contained in the Proposal for that Project and all reports required by this Agreement from the Administering Organisation being complete, accurate and not misleading. The Commonwealth regards inaccurate and misleading information as including, but not being limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, for example describing a paper as being ‘in press’ or accepted even though it has only been submitted. If the Commonwealth considers that a Proposal for a Project or any report provided under this Agreement contains incomplete, inaccurate or misleading information, the Commonwealth may by notice in writing to the Administering Organisation do any or all of the following: not pay the Administering Organisation any further Funds for that Project;
Appears in 1 contract
Samples: Funding Agreement
Payment of Funding. 5.1 4.1. Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient program funding being available for the Scheme, the ARC will Commonwealth shall pay the approved amount of Funds to the Administering Organisation for a Centre, which each Project in accordance with the Funding Offer. Project Funding is exclusive of any GST which may be imposed on the supply, supply and will be paid in progressive monthly instalments in accordance with Schedule A.
5.2 Where the invoice relates to a taxable supply made under this Agreement, the invoice must comply with the requirement for a tax invoice as defined in the GST Actinstalments.
5.3 4.2. All Funding for a Centre Project is subject to the following conditions:
(a) that a Centre commence the Project starts in accordance with clause 11 the Initiative’s Final Commencement Date or by any later date approved by the ARC under clause 12ARC;
(b) that the Centre Director (Project Leader listed in the Funding Offer, or any replacement person as otherwise approved by the ARC under clause 14) lead ARC, leads and coordinate a Centre at all times coordinates the Project during the Funding Project Activity Period, including by having direct responsibility for the strategic decisions and communications the communication of results for the results of the CentreProject;
(c) that the Administering Organisation conduct a Centre’s Research Programme conducts the Project substantially in accordance with the ‘Programme Project Description’ contained in the Centre ProposalProposal for that Project, or in the event of any variation to a Centre’s Research Programmethe Project, in accordance with the description, aims and research plans plan as otherwise approved by the ARC;
(d) that the Administering Organisation spend spends all Funds paid under this Agreement for a Centre each Project substantially in accordance with the ‘Programme Project Cost’ stated in the Centre Proposal for that Project and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding RulesGrant Guidelines;
(e) that the Administering Organisation only receive receives Funding under this Agreement to which it is properly entitled;
(f) that the Administering Organisation enter enters into and maintain maintains an agreement or agreements with all other Participating Organisations which meet Organisation that meets the requirements under of clause 910;
(g) that the Administering Organisation’s funding contribution for a Project satisfies the requirements set out in the Grant Guidelines, unless otherwise approved by the Minister;
(h) that the Partner Organisation submit contributions for a Project satisfy the requirements set out in this Agreement and the Grant Guidelines, unless otherwise approved by the ARC;
(i) that the Administering Organisation submits on time all reports required under this Agreement, in the form and with content satisfactory to the ARC;
(hj) that the progress of a Centre the Project is satisfactory in the opinion of the ARC;
(ik) that all information contained in the Centre Proposal for that Project and all reports required by this Agreement being from the Administering Organisation is complete, accurate and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. for example describing a paper as being ‘in press’ or accepted when even though it has only been submitted;.
(jl) that all Specified Personnel (or any new or replacement person or persons approved by the ARC under clause 14), at all times during her/his their participation in a Centre Project, meet the eligibility criteria as set out specified in the Funding RulesGrant Guidelines, including by having responsibility for the strategic decisions and the communication of results for the CentreProject;
(km) that the ARC is advised notified in writing in a timely manner if any Specified Personnel are not able to participate in a Centre at any time after undertake the Commencement Date and until Project, or to continue to undertake the end of the Funding Period Project, and that any change to in Specified Personnel is approved by the ARC in accordance with clause 1415;
(ln) that for the duration of the Funding Period, each participant or organisation named in a Proposal declares to the Administering Organisation is advised of any actual or potential all Conflicts of Interest Interest, that exist or are likely to arise in relation to any aspect of parties involved in a Centre the Project, which may have the potential to influence or appear to influence the research and/or activities related to the CentreProject;
(mo) that the Administering Organisation has documented and established implements processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required);
(np) that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities funded for a Centre under this Agreement;
(oq) that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre under this Agreement;
(pr) that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds;
(q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement and the Funding Rules; and
(rs) that the Administering Organisation comply complies with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement.
5.4 4.3. If the Administering Organisation does not meet any one or more of the conditions listed in this clause 5.3 in respect of a CentreProject, the ARC Commonwealth may do any or all of the following:
(a) not pay the Administering Organisation any further Funds for a Centrethat Project;
(b) recover all or some of the Funds paid under this Agreement for a Centrethat Project, including all unspent Funds and any funds Funds not spent in accordance with this Agreement;; and/or
(c) vary the amount of Funding approved for a Centrethat Project.
5.5 4.4. The ARC Commonwealth shall have the right to unilaterally vary modify the amounts Funding for any or all CentresProjects, including through a determination under section 54 of the ARC ActMinisterial determination.
5.6 4.5. Where the ARC Commonwealth exercises its right under this clause 5.3, 5.4 or 5.5 above, it shall inform the Administering Organisation in writing of the variation within 30 days of the execution of that variation being madevariation.
5.7 4.6. The Administering Organisation must pay to the ARC Commonwealth the amount specified in any notice received under this clause 5.4(b) above within 30 days of the date of that notice.
5.8 The ARC requires Administering Organisations to inform the ARC when significant problems occur with an ARC-funded Centre and/or with any serious matters concerning associated Specified Personnel. Such matters should be directed to the ARC Centres team.
Appears in 1 contract
Samples: Grant Agreement
Payment of Funding. 5.1 Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient program funding being available for the Scheme, the ARC will Commonwealth shall pay the approved amount of Funds to the Administering Organisation for a Centre, which is exclusive of any GST which may be imposed on the supply, each Project in progressive monthly instalments in accordance with Schedule A.
5.2 Where the invoice relates to a taxable supply made under this Agreement, the invoice must comply with the requirement for a tax invoice as defined in the GST Act.
5.3 Funding Offer. All Funding for a Centre Project is subject to the following conditions:
(a) : that a Centre commence the Project commences in accordance with relevant scheme’s Final Commencement Dates specified at clause 11 12, or by any later date approved by the ARC under clause 12;
(b) ARC; that the Centre Director (Project Leader listed in the Funding Offer, or any replacement person as otherwise approved by the ARC under clause 14) ARC, lead and coordinate a Centre at all times the Project during the Funding Project Activity Period, including by having direct responsibility for the strategic decisions and communications the communication of results for the results of the Centre;
(c) Project; that the Administering Organisation conduct a Centre’s Research Programme conducts the Project substantially in accordance with the ‘Programme Project Description’ contained in the Centre Proposal, or in the event of any variation to a Centre’s Research Programmethe Project, in accordance with the description, aims and research plans plan as otherwise approved by the ARC;
(d) ; that the Administering Organisation spend spends all Funds paid under this Agreement for a Centre each Project substantially in accordance with the ‘Programme Project Cost’ stated detailed in the Centre Proposal for that Project and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding Rules;
(e) ; that the Administering Organisation only receive receives Funding under this Agreement to which it is properly entitled;
(f) ; that the Administering Organisation enter enters into (and maintain maintains) an agreement or agreements with all each other Participating Organisations which meet Organisation that meets the requirements under of clause 9;
(g) 10; that the Administering Organisation submit submits on time all reports required under this Agreement, in the form and with content satisfactory to the ARC;
(h) ; that the progress of a Centre is satisfactory the Project is, in the opinion of the ARC;
(i) that all information contained in the Centre Proposal and all reports required by this Agreement being complete, accurate and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. describing a paper as being ‘in press’ or accepted when it has only been submitted;
(j) satisfactory; that all Specified Personnel (or any new or replacement person or persons approved by at all times during their participation in a Project, meet the ARC under clause 14)eligibility criteria specified in the Funding Rules, and have direct responsibility for the strategic decisions and the communication of results for the Project; that all CIs have the capacity to make a serious commitment to carrying out the Project and will not assume the role of a supplier of resources for work that will largely be placed in the hands of others; that all Participating Organisations, at all times during her/his their participation in a Centre Project, meet the eligibility criteria as set out specified in the Funding Rules, including by having responsibility for strategic decisions and communication of results for the Centre;
(k) ; that the ARC is advised each participant or organisation named in a timely manner if any Specified Personnel are not able Proposal must declare to participate in a Centre at any time after the Commencement Date and until the end of the Funding Period and that any change to Specified Personnel is approved by the ARC in accordance with clause 14;
(l) that for the duration of the Funding Period, the Administering Organisation is advised of any actual or potential all Conflicts of Interest Interest, that exist or are likely to arise in relation to any aspect of parties involved in a Centre the Project, which may have the potential to influence or appear to influence the research and/or activities related to the Centre;
(m) Project; that the Administering Organisation has documented and established implements processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required;
(n) ); that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities funded for a Centre under this Agreement;
(o) ; that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre under this Agreement;
(p) ; that the ARC is notified in writing in a timely manner if any Specified Personnel is not able to undertake the Project, or to continue to undertake the Project, and that any change in Specified Personnel is approved in accordance with clause 14; that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds;
(q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement ; and the Funding Rules; and
(r) that the Administering Organisation comply complies with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement.
5.4 . If the Administering Organisation does not meet any one or more of the conditions listed in clause 5.3 4.2 above in respect of a CentreProject, the ARC Commonwealth may do any or all of the following:
(a) : not pay the Administering Organisation any further Funds for a Centre;
(b) that Project; recover all or some of the Funds paid under this Agreement for a Centrethat Project, including all unspent Funds and any funds Funds not spent in accordance with this Agreement;
(c) ; and/or vary the amount of Funding approved for that Project. The Administering Organisation must pay to the Commonwealth the amount specified in any notice received under clause 4.3 (b) above within 30 days of the date of that notice. The Commonwealth will pay to the Administering Organisation, by way of financial assistance in accordance with the ARC Act, the approved amounts set out in the Funding Offer, which is exclusive of any GST which may be imposed on the supply. Where the invoice relates to a Centre.
5.5 taxable supply made under this contract, the invoice must comply with the requirement for a tax invoice as defined in the GST Act. The ARC Commonwealth shall have the right to unilaterally vary vary, unilaterally, the amounts for any or all Centres, including through Projects. In the event that the Minister makes a determination under section 54 of the ARC Act.
5.6 , the Commonwealth shall have the right to vary, unilaterally, the rates set out in this Agreement. Where the ARC Commonwealth exercises its right under clause 5.3clauses 4.3, 5.4 4.7 or 5.5 4.8 above, it shall inform the Administering Organisation in writing of the variation within 30 days of that variation having been made. Accuracy of Information The provision of any Funding for a Project is conditional on all information contained in the Proposal for that Project and all reports required by this Agreement from the Administering Organisation being made.
5.7 complete, accurate and not misleading. The Commonwealth regards inaccurate and misleading information as including, but not being limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, for example describing a paper as being ‘in press’ or accepted even though it has only been submitted. If the Commonwealth considers that a Proposal for a Project or any report provided under this Agreement contains incomplete, inaccurate or misleading information, the Commonwealth may by notice in writing to the Administering Organisation do any or all of the following: not pay the Administering Organisation any further Funds for that Project; recover all or some of the Funds paid under this Agreement for that Project, including all unspent Funds and any Funds not spent in accordance with this Agreement; and/or vary the amount of Funding approved for that Project. The Administering Organisation must pay to the ARC Commonwealth the amount specified in any notice received under clause 5.4(b5.2 (b) above within 30 days of the date of that notice.
5.8 . Use of the Funding: Activities, Facilities and Types of Work The ARC requires Administering Organisations Organisation will ensure that each Project described in the Funding Offer is carried out in accordance with this Agreement in a diligent and competent manner. In addition, each Project will be conducted in accordance with the ‘Project Description’ contained in the Proposal, or any revised budget, aims and research plan which have been submitted by the Administering Organisation and approved by the ARC. In the case that the Administering Organisation is granted a lesser amount of funding than was requested for a Project, the Administering Organisation should ensure that a revised budget is agreed with the Project Leader before the commencement of the Project. The Administering Organisation must ensure that expenditure on each Project described in the Funding Offer is in accordance with the ‘Project Description’ contained in the Proposal and within the broad structure of the proposed ‘Project Cost’ detailed in the Proposal or any revised budget, aims and research plan submitted by the Administering Organisation which has been approved by the ARC. The Administering Organisation must not use the Funding: for purposes specifically excluded in the Funding Rules; for items excluded as a Special Condition in the Funding Offer; to inform purchase alcoholic beverages; or for purposes specifically excluded in this Agreement. Refer to the Funding Rules for further information regarding supported and not supported budget items. The Administering Organisation must ensure that the Specified Personnel listed in the Funding Offer (or any replacement person(s) approved by the ARC) have adequate time and capacity to carry out each Project and must provide basic facilities, where relevant, for each Project. Unless otherwise approved by the ARC, the Funding must not be used to fund any research and/or activities for which other financial assistance from the Commonwealth has been, is being, or is intended to be provided. Unless otherwise approved by the ARC, the Administering Organisation must provide the relevant resources to undertake each Project as specified in the Proposal. The Administering Organisation must obtain the agreement of all parties necessary to allow each Project to proceed. Evidence of agreement must be obtained from all relevant persons and organisations involved in the Project and is to be retained by the Administering Organisation. This evidence must be made available if requested by the ARC. If any other Commonwealth funding is approved for any research and/or activity which is similar to research or activities being conducted for any Project, the ARC when significant problems occur with an ARC-funded Centre and/or with any serious matters concerning associated must be notified immediately and the ARC may consider whether or not to terminate or recover Funding to the extent that it is duplicated by another Commonwealth source. Use of the Funding: Provision of Salaries and for Other Duties The Funding specified in the Funding Offer must not be used for the provision of salary support for Specified Personnel. Subject to clause 6, Funding for Project costs may be used by the Administering Organisation to employ Personnel, other than the Specified Personnel, where provision for such was included in the Proposal in accordance with the Funding Rules and approved by the Minister. They may be employed full-time or part-time, as required. In respect of Personnel other than Specified Personnel, unless the ARC otherwise determines: in recruiting Personnel, the Administering Organisation shall follow its normal recruitment procedures; the provision of salaries, recreation leave, sick leave and other conditions of employment for Personnel shall be those of the Administering Organisation; and the on-costs provisions beyond the ARC contribution of 30 per cent remain the responsibility of the Administering Organisation, for example extended periods of leave, severance pay, and such like must not be provided from ARC Funds. The Administering Organisation must ensure that any Personnel who are employed full-time on a Project and whose salary is provided from the Funding shall not, without the prior agreement of the ARC, accept any remuneration whatsoever from any source other than the Administering Organisation in respect of work performed on the Project. Project payments can only commence once the Funding Agreement has been executed by both parties. Retrospective salary payments will not be paid for employment prior to the date the Funding Agreement is executed. Over-expenditure by the Administering Organisation Any Project expenditure incurred by the Administering Organisation for a Project additional to the approved amount for that Project specified in the Funding Offer, or as otherwise varied by the ARC, is the responsibility of the Administering Organisation. The Commonwealth will not reimburse the Administering Organisation for such costs under any circumstances. Specified Personnel The Administering Organisation shall provide each Specified Personnel with a copy of this Agreement within a reasonable time after the execution of the Agreement. The Administering Organisation warrants that it has made proper inquiries of the Specified Personnel in relation to their eligibility to perform the Project. The Administering Organisation must ensure that, unless otherwise approved by the ARC, all Specified Personnel meet the criteria specified in the Funding Rules for the full term of their participation in the Project. The Administering Organisation must ensure that each of the Specified Personnel who is to work on a Project has the approval of their employing organisation to participate in the Project. The Administering Organisation does not require the agreement of the employing organisation of an overseas-based PI (unless they are employed by the Administering Organisation) to participate in the Project. The Administering Organisation shall ensure that all Conditions of Employment as detailed in this Agreement are met. Participating Organisation Agreements 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. 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: outline the roles, contributions and research that will be undertaken by the Administering Organisation and relevant Participating Organisation; outline the roles, contributions and research that will be undertaken by any other 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 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; 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); are consistent with details contained in the Proposal; and do not impede or prevent the Administering Organisation from complying with any of its obligations under this Agreement. The written agreement under clause 10.2 should also consider including provisions that: provide an assurance from the Participating Organisation for the continued operation of the Project unhindered by ownership of IP; 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; 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 directed renegotiated with the Administering Organisation; provide an assurance that upon any sale of the Participating Organisation in part or in full, the Administering Organisation has reasonable opportunity to retain the proposed benefits to Australia on which the funding was awarded; A written agreement entered into under this clause 10 must continue to satisfy the requirements of this clause 10 at all times during the Project Activity Period for the Project. The Administering Organisation must ensure that each Participating Organisation is provided with timely notice of progress made on the Project. The Administering Organisation will retain the written agreement, and make it available to the ARC Centres team.if required. Default of Participating Organisation
Appears in 1 contract
Samples: Funding Agreement
Payment of Funding. 5.1 4.1. Subject to the provisions of the ARC Act, the terms of this Agreement and sufficient program funding being available for the Scheme, the ARC will Commonwealth shall pay the approved amount of Funds to the Administering Organisation for a Centre, which is exclusive of any GST which may be imposed on the supply, each Project in progressive monthly instalments in accordance with Schedule A.
5.2 Where the invoice relates to a taxable supply made under this Agreement, the invoice must comply with the requirement for a tax invoice as defined in the GST ActFunding Offer.
5.3 4.2. All Funding for a Centre Project is subject to the following conditions:
(a) that a Centre commence the Project commences in accordance with relevant scheme’s Final Commencement Dates specified at clause 11 12, or by any later date approved by the ARC under clause 12ARC;
(b) that the Centre Director (Project Leader listed in the Funding Offer, or any replacement person as otherwise approved by the ARC under clause 14) ARC, lead and coordinate a Centre at all times the Project during the Funding Project Activity Period, including by having direct responsibility for the strategic decisions and communications the communication of results for the results of the CentreProject;
(c) that the Administering Organisation conduct a Centre’s Research Programme conducts the Project substantially in accordance with the ‘Programme Project Description’ contained in the Centre Proposal, or in the event of any variation to a Centre’s Research Programmethe Project, in accordance with the description, aims and research plans plan as otherwise approved by the ARC;
(d) that the Administering Organisation spend spends all Funds paid under this Agreement for a Centre each Project substantially in accordance with the ‘Programme Project Cost’ stated detailed in the Centre Proposal for that Project and any Special Conditions, or the budget as otherwise approved by the ARC and any conditions otherwise imposed by the ARC in accordance with the ARC Act, and in accordance with the requirements of this Agreement and the Funding Rules;
(e) that the Administering Organisation only receive receives Funding under this Agreement to which it is properly entitled;
(f) that the Administering Organisation enter enters into (and maintain maintains) an agreement or agreements with all each other Participating Organisations which meet Organisation that meets the requirements under of clause 910;
(g) that the Administering Organisation submit submits on time all reports required under this Agreement, in the form and with content satisfactory to the ARC;
(h) that the progress of a Centre is satisfactory the Project is, in the opinion of the ARC, satisfactory;
(i) that all information contained Specified Personnel at all times during their participation in a Project, meet the eligibility criteria specified in the Centre Proposal Funding Rules, and all reports required by this Agreement being complete, accurate have direct responsibility for the strategic decisions and not misleading. Inaccurate and misleading information includes, but is not limited to, claiming fictitious track records, inflating funds obtained from other sources and false claims in the publication record, e.g. describing a paper as being ‘in press’ or accepted when it has only been submittedcommunication of results for the Project;
(j) that all Specified Personnel (or any new or replacement person or persons approved by CIs have the ARC under clause 14), at all times during her/his participation in capacity to make a Centre meet serious commitment to carrying out the eligibility criteria as set out Project and will not assume the role of a supplier of resources for work that will largely be placed in the Funding Rules, including by having responsibility for strategic decisions and communication hands of results for the Centreothers;
(k) that the ARC is advised all Participating Organisations, at all times during their participation in a timely manner if any Specified Personnel are not able to participate Project, meet the eligibility criteria specified in a Centre at any time after the Commencement Date and until the end of the Funding Period and that any change to Specified Personnel is approved by the ARC in accordance with clause 14Rules;
(l) that for the duration of the Funding Period, each participant or organisation named in a Proposal must declare to the Administering Organisation is advised of any actual or potential all Conflicts of Interest Interest, that exist or are likely to arise in relation to any aspect of parties involved in a Centre the Project, which may have the potential to influence or appear to influence the research and/or activities related to the CentreProject;
(m) that the Administering Organisation has documented and established implements processes in place for managing Conflicts of Interest in accordance with the NHMRC/ARC/UA Australian Code for the Responsible Conduct of Research (2007) and that these processes are implemented as required);
(n) that the ARC is advised in a timely manner of any and all other Commonwealth funding which has been, is being, or is intended to be provided for the research and/or activities funded for a Centre under this Agreement;
(o) that there is no duplication of Commonwealth funding for the research and/or activities funded for a Centre under this Agreement;
(p) that the ARC is notified in writing in a timely manner if any Specified Personnel is not able to undertake the Project, or to continue to undertake the Project, and that any change in Specified Personnel is approved in accordance with clause 14;
(q) that the Administering Organisation is responsible for any and all taxation implications associated with receiving the Funds;
(q) that the funding commitments made by the Participating Organisations meet the requirements as set out in this Agreement and the Funding Rules; and
(r) that the Administering Organisation comply complies with any other requirements or conditions imposed by the ARC in connection with any Funding covered by this Agreement.
5.4 4.3. If the Administering Organisation does not meet any one or more of the conditions listed in clause 5.3 4.2 above in respect of a CentreProject, the ARC Commonwealth may do any or all of the following:
(a) not pay the Administering Organisation any further Funds for a Centrethat Project;
(b) recover all or some of the Funds paid under this Agreement for a Centrethat Project, including all unspent Funds and any funds Funds not spent in accordance with this Agreement;; and/or
(c) vary the amount of Funding approved for a Centrethat Project.
5.5 The ARC shall have the right to unilaterally vary the amounts for any or all Centres, including through a determination under section 54 of the ARC Act.
5.6 Where the ARC exercises its right under clause 5.3, 5.4 or 5.5 above, it shall inform the Administering Organisation of the variation within 30 days of that variation being made.
5.7 4.4. The Administering Organisation must pay to the ARC Commonwealth the amount specified in any notice received under clause 5.4(b4.3 (b) above within 30 days of the date of that notice.
5.8 4.5. The Commonwealth will pay to the Administering Organisation, by way of financial assistance in accordance with the ARC requires Administering Organisations Act, the approved amounts set out in the Funding Offer, which is exclusive of any GST which may be imposed on the supply.
4.6. Where the invoice relates to a taxable supply made under this contract, the invoice must comply with the requirement for a tax invoice as defined in the GST Act.
4.7. The Commonwealth shall have the right to vary, unilaterally, the amounts for any or all Projects.
4.8. In the event that the Minister makes a determination under section 54 of the ARC Act, the Commonwealth shall have the right to vary, unilaterally, the rates set out in this Agreement.
4.9. Where the Commonwealth exercises its right under clauses 4.3, 4.7 or 4.8 above, it shall inform the ARC when significant problems occur with an ARC-funded Centre and/or with any serious matters concerning associated Specified Personnel. Such matters should be directed to Administering Organisation in writing of the ARC Centres teamvariation within 30 days of that variation having been made.
Appears in 1 contract
Samples: Funding Agreement
