Common use of Performance Obligations Clause in Contracts

Performance Obligations. (a) carry out the work identified in Annex I, in accordance with the terms and conditions of this grant agreement. However, where it is necessary for the implementation of the action it may call upon affiliated entities or subcontractors to carry out certain elements identified in Annex I; (b) ensure that any contract or arrangement related to the action, entered into between the beneficiary and any subcontractor or affiliated entity contain provisions that this subcontractor or affiliated entity, shall have no rights vis-à-vis Fusion for Energy under this grant agreement; (c) ensure that the rights of Fusion for Energy and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any affiliated entity and subcontractors whose costs are reimbursed in full or in part by the Fusion for Energy financial contribution, on the same terms and conditions as those indicated in this grant agreement; (d) ensure that the conditions applicable to it under m), n) and p) of this Article; Articles II.3, II.4.5, II.9, II.10, II.11, II.12, II.17, II.18, Part C, II.36 and II.37 are also applicable to any affiliated entity whose costs are claimed under the action according to the provisions of this grant agreement; (e) ensure that the tasks assigned to it, including its affiliated entities, are correctly and timely performed; (f) provide all detailed data requested by Fusion for Energy for the purposes of the proper administration of this action; (g) inform Fusion for Energy in due time of: (i) the names of the person(s) who shall manage and monitor its, including its affiliated entities’, work, and its contact details as well as any changes to that information; (ii) any event which might affect the implementation of the action and the rights of Fusion for Energy; (iii) any change in its or an affiliated entity’s legal name, address and of its legal representatives, and any change with regard to its legal, financial, organisational or technical situation including change of control; (iv) any circumstance affecting the conditions of participation referred to in the work programme or in the call for proposals or of any requirements of this grant agreement, especially if and when any eligibility criteria cease(s) to be met during the duration of the action. (h) provide Fusion for Energy, the Commission, the European Anti-Fraud Office (OLAF) and Court of Auditors directly with all information requested in the framework of controls and audits; (i) take part in meetings concerning the supervision, monitoring and evaluation of the action which are relevant to it; (j) allow Fusion for Energy to take part in meetings concerning the action; (k) take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this grant agreement and inform Fusion for Energy of any unavoidable obligations which may arise during the duration of the grant agreement which may have implications for any of its obligations under the grant agreement; (l) ensure that it complies with the provisions of the state aid framework; (m) ensure that it complies with the Annex on Information and Intellectual Property of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project11; (n) carry out the action in accordance with fundamental ethical principles; (o) have regard to the general principles of the Commission’s Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers, if any, recruited for the action; (p) take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the action. 11 OJ. L 358 of 16.12.2006, p.73. SECTION 2 MONITORING, REPORTING AND PAYMENTS

Performance Obligations. The beneficiary shall: (a) carry out the work identified in Annex I, in accordance with the terms and conditions of this grant agreement. However, where it is necessary for the implementation of the action it may call upon affiliated entities or subcontractors third parties to carry out certain elements identified in Annex I; (b) ensure that any contract or arrangement related to the action, entered into between the beneficiary and any subcontractor or affiliated entity third party contain provisions that this subcontractor third party, including the auditor providing the certificate on the financial statements or affiliated entityon the methodology, shall have no rights vis-à-vis Fusion for Energy under this grant agreement; (c) ensure that the rights of Fusion for Energy and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any affiliated entity and subcontractors third party whose costs are reimbursed in full or in part by the Fusion for Energy financial contribution, on the same terms and conditions as those indicated in this grant agreement; (d) ensure that the conditions applicable to it under m), n) and p) of this Article; Articles II.3, II.4.5, II.9, II.10, II.11, II.12, II.17, II.18, Part C, II.36 and II.37 are also applicable to any affiliated entity third party whose costs are claimed under the action according to the provisions of this grant agreement; (e) ensure that the tasks assigned to it, including its affiliated entities, it are correctly and timely performed; (f) provide all detailed data requested by Fusion for Energy for the purposes of the proper administration of this action; (g) inform Fusion for Energy in due time of: (i) the names of the person(s) who shall manage and monitor its, including its affiliated entities’, work, and its contact details as well as any changes to that information; (ii) any event which might affect the implementation of the action and the rights of Fusion for Energy; (iii) any change in its or an affiliated entity’s legal name, address and of its legal representatives, and any change with regard to its legal, financial, organisational or technical situation including change of control; (iv) any circumstance affecting the conditions of participation referred to in the work programme or in the call for proposals or of any requirements of this grant agreement, especially if and when any eligibility criteria cease(s) to be met during the duration of the action. (h) provide Fusion for Energy, the Commission, Energy including the European Anti-Fraud Office (OLAF) and Court of Auditors directly with all information requested in the framework of controls and audits; (i) take part in meetings concerning the supervision, monitoring and evaluation of the action which are relevant to it; (j) allow Fusion for Energy to take part in meetings concerning the action; (k) take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this grant agreement and inform Fusion for Energy of any unavoidable obligations which may arise during the duration of the grant agreement which may have implications for any of its obligations under the grant agreement; (l) ensure that it complies with the provisions of the state aid framework; (m) ensure that it complies with the Annex on Information and Intellectual Property of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project11Project19; (n) carry out the action in accordance with fundamental ethical principles; (o) have regard to the general principles of the Commission’s Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers, if any, recruited for the action; (p) take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the action. 11 OJ. L 358 of 16.12.2006, p.73. SECTION 2 MONITORING, REPORTING AND PAYMENTS.

Performance Obligations. (a) carry out the work identified in Annex I, in accordance with the terms and conditions of this grant agreement. However, where it is necessary for the implementation of the action it may call upon affiliated entities or subcontractors to carry out certain elements identified in Annex I; (b) ensure that any contract or arrangement related to the action, entered into between the beneficiary and any subcontractor or affiliated entity contain provisions that this subcontractor or affiliated entity, shall have no rights vis-à-vis Fusion for Energy under this grant agreement; (c) ensure that the rights of Fusion for Energy and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any affiliated entity and subcontractors whose costs are reimbursed in full or in part by the Fusion for Energy financial contribution, on the same terms and conditions as those indicated in this grant agreement; (d) ensure that the conditions applicable to it under m)m., n) n. and p) p. of this Article; Articles II.3, II.4.5, II.9, II.10, II.11, II.12, II.17, II.18, Part C, II.36 and II.37 are also applicable to any affiliated entity whose costs are claimed under the action according to the provisions of this grant agreement; (e) ensure that the tasks assigned to it, including its affiliated entities, are correctly and timely performed; (f) provide all detailed data requested by Fusion for Energy for the purposes of the proper administration of this action; (g) inform Fusion for Energy in due time of: (i) the names of the person(s) who shall manage and monitor its, including its affiliated entities’, work, and its contact details as well as any changes to that information; (ii) any event which might affect the implementation of the action and the rights of Fusion for Energy; (iii) any change in its or an affiliated entity’s legal name, address and of its legal representatives, and any change with regard to its legal, financial, organisational or technical situation including change of control; (iv) any circumstance affecting the conditions of participation referred to in the work programme or in the call for proposals or of any requirements of this grant agreement, especially if and when any eligibility criteria cease(s) to be met during the duration of the action. (h) provide Fusion for Energy, the CommissionCommisssion, the European Anti-Fraud Office (OLAF) and Court of Auditors directly with all information requested in the framework of controls and audits; (i) take part in meetings concerning the supervision, monitoring and evaluation of the action which are relevant to it; (j) allow Fusion for Energy to take part in meetings concerning the action; (k) take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this grant agreement and inform Fusion for Energy of any unavoidable obligations which may arise during the duration of the grant agreement which may have implications for any of its obligations under the grant agreement; (l) ensure that it complies with the provisions of the state aid framework; (m) ensure that it complies with the Annex on Information and Intellectual Property of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project11Project22; (n) carry out the action in accordance with fundamental ethical principles; (o) have regard to the general principles of the Commission’s Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers, if any, recruited for the action; (p) take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the action. 11 OJ. L 358 of 16.12.2006, p.73. SECTION 2 MONITORING, REPORTING AND PAYMENTS.

Performance Obligations. (a) carry out the work identified in Annex I, in accordance with the terms and conditions of this grant agreement. However, where it is necessary for the implementation of the action it may call upon affiliated entities or subcontractors to carry out certain elements identified in Annex I; (b) ensure that any contract or arrangement related to the action, entered into between the beneficiary and any subcontractor or affiliated entity contain provisions that this subcontractor or affiliated entity, shall have no rights vis-à-vis Fusion for Energy under this grant agreement; (c) ensure that the rights of Fusion for Energy and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any affiliated entity and subcontractors whose costs are reimbursed in full or in part by the Fusion for Energy financial contribution, on the same terms and conditions as those indicated in this grant agreement; (d) ensure that the conditions applicable to it under m), n) and p) of this Article; Articles II.3, II.4.5, II.9, II.10, II.11, II.12, II.17, II.18, Part C, II.36 and II.37 are also applicable to any affiliated entity whose costs are claimed under the action according to the provisions of this grant agreement; (e) ensure that the tasks assigned to it, including its affiliated entities, are correctly and timely performed; (f) provide all detailed data requested by Fusion for Energy for the purposes of the proper administration of this action; (g) inform Fusion for Energy in due time of: (i) the names of the person(s) who shall manage and monitor its, including its affiliated entities’, work, and its contact details as well as any changes to that information; (ii) any event which might affect the implementation of the action and the rights of Fusion for Energy; (iii) any change in its or an affiliated entity’s legal name, address and of its legal representatives, and any change with regard to its legal, financial, organisational or technical situation including change of control; (iv) any circumstance affecting the conditions of participation referred to in the work programme or in the call for proposals or of any requirements of this grant agreement, especially if and when any eligibility criteria cease(s) to be met during the duration of the action. (h) provide Fusion for Energy, the Commission, the European Anti-Fraud Office (OLAFXXXX) and Court of Auditors directly with all information requested in the framework of controls and audits; (i) take part in meetings concerning the supervision, monitoring and evaluation of the action which are relevant to it; (j) allow Fusion for Energy to take part in meetings concerning the action; (k) take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this grant agreement and inform Fusion for Energy of any unavoidable obligations which may arise during the duration of the grant agreement which may have implications for any of its obligations under the grant agreement; (l) ensure that it complies with the provisions of the state aid framework; (m) ensure that it complies with the Annex on Information and Intellectual Property of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project11; (n) carry out the action in accordance with fundamental ethical principles; (o) have regard to the general principles of the Commission’s Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers, if any, recruited for the action; (p) take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the action. 11 OJ. L 358 of 16.12.2006, p.73. SECTION 2 MONITORING, REPORTING AND PAYMENTS2

Performance Obligations. (a) carry out the work identified in Annex I, in accordance with the terms and conditions of this grant agreement. However, where it is necessary for the implementation of the action it may call upon affiliated entities or subcontractors to carry out certain elements identified in Annex I; (b) ensure that any contract or arrangement related to the action, entered into between the beneficiary and any subcontractor or affiliated entity contain provisions that this subcontractor or affiliated entity, shall have no rights vis-à-vis Fusion for Energy under this grant agreement; (c) ensure that the rights of Fusion for Energy and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any affiliated entity and subcontractors whose costs are reimbursed in full or in part by the Fusion for Energy financial contribution, on the same terms and conditions as those indicated in this grant agreement; (d) ensure that the conditions applicable to it under m)m., n) n. and p) p. of this Article; Articles II.3, II.4.5, II.9, II.10, II.11, II.12, II.17, II.18, Part C, II.36 and II.37 are also applicable to any affiliated entity whose costs are claimed under the action according to the provisions of this grant agreement; (e) ensure that the tasks assigned to it, including its affiliated entities, are correctly and timely performed; (f) provide all detailed data requested by Fusion for Energy for the purposes of the proper administration of this action; (g) inform Fusion for Energy in due time of: (i) the names of the person(s) who shall manage and monitor its, including its affiliated entities’, work, and its contact details as well as any changes to that information; (ii) any event which might affect the implementation of the action and the rights of Fusion for Energy; (iii) any change in its or an affiliated entity’s legal name, address and of its legal representatives, and any change with regard to its legal, financial, organisational or technical situation including change of control;; IDM Ref.: FPA-[XXX] (iv) any circumstance affecting the conditions of participation referred to in the work programme or in the call for proposals or of any requirements of this grant agreement, especially if and when any eligibility criteria cease(s) to be met during the duration of the action. (h) provide Fusion for Energy, the CommissionCommisssion, the European Anti-Fraud Office (OLAF) and Court of Auditors directly with all information requested in the framework of controls and audits; (i) take part in meetings concerning the supervision, monitoring and evaluation of the action which are relevant to it; (j) allow Fusion for Energy to take part in meetings concerning the action; (k) take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this grant agreement and inform Fusion for Energy of any unavoidable obligations which may arise during the duration of the grant agreement which may have implications for any of its obligations under the grant agreement; (l) ensure that it complies with the provisions of the state aid framework; (m) ensure that it complies with the Annex on Information and Intellectual Property of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project11Project22; (n) carry out the action in accordance with fundamental ethical principles; (o) have regard to the general principles of the Commission’s Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers, if any, recruited for the action; (p) take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the action. 11 OJ. L 358 of 16.12.2006, p.73. SECTION 2 MONITORING, REPORTING AND PAYMENTS.

Performance Obligations. (a) 1. The beneficiary shall: a. carry out the work identified in Annex I, in accordance with the terms and conditions of this grant agreement. However, where it is necessary for the implementation of the action it may call upon affiliated entities or subcontractors third parties to carry out certain elements identified in Annex I; (b) b. ensure that any contract or arrangement related to the action, entered into between the beneficiary and any subcontractor or affiliated entity third party contain provisions that this subcontractor third party, including the auditor providing the certificate on the financial statements or affiliated entityon the methodology, shall have no rights vis-à-vis Fusion for Energy under this grant agreement; (c) c. ensure that the rights of Fusion for Energy and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any affiliated entity and subcontractors third party whose costs are reimbursed in full or in part by the Fusion for Energy financial contribution, on the same terms and conditions as those indicated in this grant agreement; (d) d. ensure that the conditions applicable to it under m)m., n) n. and p) p. of this Article; Articles II.3, II.4.5, II.9, II.10, II.11, II.12, II.17, II.18, Part C, II.36 and II.37 are also applicable to any affiliated entity third party whose costs are claimed under the action according to the provisions of this grant agreement; (e) e. ensure that the tasks assigned to it, including its affiliated entities, it are correctly and timely performed; (f) f. provide all detailed data requested by Fusion for Energy for the purposes of the proper administration of this action; (g) g. inform Fusion for Energy in due time of: (i) i. the names of the person(s) who shall manage and monitor its, including its affiliated entities’, work, and its contact details as well as any changes to that information; (ii) . any event which might affect the implementation of the action and the rights of Fusion for Energy; (iii) . any change in its or an affiliated entity’s legal name, address and of its legal representatives, and any change with regard to its legal, financial, organisational or technical situation including change of control; (iv) . any circumstance affecting the conditions of participation referred to in the work programme or in the call for proposals or of any requirements of this grant agreement, especially if and when any eligibility criteria cease(s) to be met during the duration of the action. (h) h. provide Fusion for Energy, the Commission, Energy including the European Anti-Fraud Office (OLAF) and Court of Auditors directly with all information requested in the framework of controls and audits; (i) i. take part in meetings concerning the supervision, monitoring and evaluation of the action which are relevant to it; (j) j. allow Fusion for Energy to take part in meetings concerning the action; (k) k. take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this grant agreement and inform Fusion for Energy of any unavoidable obligations which may arise during the duration of the grant agreement which may have implications for any of its obligations under the grant agreement; (l) l. ensure that it complies with the provisions of the state aid framework; (m) m. ensure that it complies with the Annex on Information and Intellectual Property of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project11; (n) Project18; n. carry out the action in accordance with fundamental ethical principles; (o) have regard to the general principles of the Commission’s Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers, if any, recruited for the action; (p) take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the action. 11 OJ. L 358 of 16.12.2006, p.73. SECTION 2 MONITORING, REPORTING AND PAYMENTS

Performance Obligations. (a) carry out the work identified in Annex I, in accordance with the terms and conditions of this grant agreement. However, where it is necessary for the implementation of the action it may call upon affiliated entities or subcontractors to carry out certain elements identified in Annex I; (b) ensure that any contract or arrangement related to the action, entered into between the beneficiary and any subcontractor or affiliated entity contain provisions that this subcontractor or affiliated entity, shall have no rights vis-à-vis Fusion for Energy under this grant agreement; (c) ensure that the rights of Fusion for Energy and the Court of Auditors to carry out audits are extended to the right to carry out any such audit or control on any affiliated entity and subcontractors whose costs are reimbursed in full or in part by the Fusion for Energy financial contribution, on the same terms and conditions as those indicated in this grant agreement; (d) ensure that the conditions applicable to it under m)m., n) n. and p) p. of this Article; Articles II.3, II.4.5, II.9, II.10, II.11, II.12, II.17, II.18, Part C, II.36 and II.37 are also applicable to any affiliated entity whose costs are claimed under the action according to the provisions of this grant agreement; (e) ensure that the tasks assigned to it, including its affiliated entities, are correctly and timely performed; (f) provide all detailed data requested by Fusion for Energy for the purposes of the proper administration of this action; (g) inform Fusion for Energy in due time of: (i) the names of the person(s) who shall manage and monitor its, including its affiliated entities’, work, and its contact details as well as any changes to that information; (ii) any event which might affect the implementation of the action and the rights of Fusion for Energy; (iii) any change in its or an affiliated entity’s legal name, address and of its legal representatives, and any change with regard to its legal, financial, organisational or technical situation including change of control; (iv) any circumstance affecting the conditions of participation referred to in the work programme or in the call for proposals or of any requirements of this grant agreement, especially if and when any eligibility criteria cease(s) to be met during the duration of the action. (h) provide Fusion for Energy, the CommissionCommisssion, the European Anti-Fraud Office (OLAFXXXX) and Court of Auditors directly with all information requested in the framework of controls and audits; (i) take part in meetings concerning the supervision, monitoring and evaluation of the action which are relevant to it; (j) allow Fusion for Energy to take part in meetings concerning the action; (k) take all necessary steps to avoid commitments that are incompatible with the obligations provided for in this grant agreement and inform Fusion for Energy of any unavoidable obligations which may arise during the duration of the grant agreement which may have implications for any of its obligations under the grant agreement; (l) ensure that it complies with the provisions of the state aid framework; (m) ensure that it complies with the Annex on Information and Intellectual Property of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project11Project22; (n) carry out the action in accordance with fundamental ethical principles; (o) have regard to the general principles of the Commission’s Recommendation of 11 March 2005 on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, in particular concerning the working conditions, transparency of recruitment processes, and career development of the researchers, if any, recruited for the action; (p) take every necessary precaution to avoid any risk of conflict of interest relating to economic interests, political or national affinities, family or emotional ties or any other interests liable to influence the impartial and objective performance of the action. 11 OJ. L 358 of 16.12.2006, p.73. SECTION 2 MONITORING, REPORTING AND PAYMENTS.