Common use of Reimbursement of Funding Clause in Contracts

Reimbursement of Funding. 1. If the Agreement is terminated in the manners specified in § 11 item 3, the Unit, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation. The equivalent of the funding transferred pursuant to agreements specified in §3 item 14 shall be transferred by the Unit to the Foundation on the conditions specified in the previous sentence, provided that interest shall be charged from the date of payment of the stipend to individual young scientists. 2. If the Agreement is terminated in the manners specified in § 11 item 1, the Unit, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation, pursuant to the principle specified in item 1, sentence 2 of this paragraph. In particularly justified cases, on a written request of the Project Manager and the Unit, the Foundation may waive the demand to reimburse settled funds and/or waive the demand to pay interest, considering, in particular, the manner of executing the provisions of the Agreement by the Project Manager and the Unit. 3. The Unit is obliged to reimburse the funds if inspection authorities find any violations of the terms and conditions of Project realisation, of national or EU legislation, in particular in the following cases: a. if it is found that the funding granted was used in a manner non-compliant with the subject of the Agreement, b. if undue funding was received, c. if the received amount of funding was excessive, d. if provisions concerning the durability of the Project have been violated, e. if the funding has been used in a manner non-compliant with the procedures specified in Article 184 of the Act on Public Finance. 4. In the case specified in item 3 hereinabove, the Unit shall reimburse the amount specified in the decision together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation, on the terms and conditions specified by the Foundation. 5. Grantees being research units are obliged to disclose all net revenues, pursuant to Article 61, item 1 of Regulation 1303/2013 generated in connection with Project realisation, on the terms and conditions set forth in Article 61 of the said Regulation and in the relevant Guidelines of the competent Minister for regional development concerning issues related to the preparation of investment projects, including revenue-generating projects and hybrid projects for 2014-2020. As it is impossible to objectively determine the revenues in advance on the basis of one of the methods specified in Article 61 item 3 or item 5 of Regulation 1303/2013, the Grantee (being a research unit) is obliged to return, proportionally, the revenue generated during a 3 year period following the completion of the Project or by the end of the period for submitting documents concerning the completion of the Project, specified in the regulations on European Regional Development Fund, whichever date is first, pursuant to the provisions specified in the document entitled: The procedure of calculating and monitoring revenue for beneficiaries receiving co- financing outside state aid schemes, under Priority Axis 4 of the Smart Growth Operational Programme. 6. Funds transferred by the Foundation but not used in the Project shall be reimbursed to the bank account specified by the Foundation within 25 days from the Project completion date. 7. Funds used in a manner non-compliant with the cost eligibility conditions shall be reimbursed to the bank account specified by the Foundation within 14 days from the date of receipt of the call to return the funds by the Unit. 8. Expenditures incurred to cover goods and services tax (VAT) that are deemed as eligible for funding, if the statement specified in §4 items 5 and 6 hereinabove has been filed after the expiry of the period specified in §2 item 1 – within 5 years – are subject to reimbursement together with interest charged at the rate as for tax arrears, in the manner stipulated in item 7 of this paragraph. The said interest shall be charged from the date of transferring the funds from which the VAT was covered to the Unit to the date of reimbursement to the bank account specified by the Foundation. The period specified in item 7 shall commence on the date of submitting the relevant updated statement by the Unit. 9. The Foundation may authorise third parties to act on its behalf for debt enforcement purposes. 10. The Grantee shall not bear responsibility for non-performance or improper performance resulting from cases of force majeure. The Grantee shall notify the Foundation immediately about the occurrence of force majeure and to substantiate the existence of force majeure by stating its influence on the course of Project realisation. 11. In the event of failure to reimburse the full amount of funds together with interest calculated as for tax arrears, such payment shall be allocated proportionally to the principal outstanding amount, understood as the amount of Funding to be reimbursed (without interest) and the amount of interest calculated as for tax arrears, basing on the proportion of the principal amount to the interest amount as of the date of payment. 12. In case of failure to reimburse the amounts specified in this paragraph of the Agreement, the provisions of Article 207 of the Act on Public Finance shall apply, including, the exclusion [of the Project] from the possibility to receive funds designated for the realisation of programmes financed from European Regional Development Fund pursuant to the principles set forth in Article 207, item 4 of the Act on Public Finance. 13. The Grantee is obliged to cover the documented costs of debt enforcement actions initiated against it, in particular costs of legal assistance provided by professional attorneys, if any payments have been made to the Grantee.

Reimbursement of Funding. 1. If the Agreement is terminated in the manners specified in § 11 item 3, the UnitEnterprise, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation. The equivalent of the funding transferred pursuant to agreements specified in §3 item 14 shall be transferred by the Unit Enterprise to the Foundation on the conditions specified in the previous sentence, provided that interest shall be charged from the date of payment of the stipend to individual young scientists. 2. If the Agreement is terminated in the manners specified in § 11 item 1, the UnitEnterprise, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation, pursuant to the principle specified in item 1, sentence 2 of this paragraph. In particularly justified cases, on a written request of the Project Manager and the UnitEnterprise, the Foundation may waive the demand to reimburse settled funds and/or waive the demand to pay interest, considering, in particular, the manner of executing the provisions of the Agreement by the Project Manager and the UnitEnterprise. 3. The Unit Enterprise is obliged to reimburse the funds if inspection authorities find any violations of the terms and conditions of Project realisation, of national or EU legislation, in particular in the following cases: a. if it is found that the funding granted was used in a manner non-compliant with the subject of the Agreement, b. if undue funding was received, c. if the received amount of funding was excessive, d. if provisions concerning the durability of the Project have been violated, e. if the funding has been used in a manner non-compliant with the procedures specified in Article 184 of the Act on Public Finance. 4. In the case specified in item 3 hereinabove, the Unit Enterprise shall reimburse the amount specified in the decision together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation, on the terms and conditions specified by the Foundation. 5. Grantees being research units enterprises other than SME are obliged to disclose all net revenues, pursuant to Article 61, item 1 of Regulation 1303/2013 generated in connection with Project realisation, on the terms and conditions set forth in Article 61 of the said Regulation and in the relevant Guidelines of the competent Minister for regional development concerning issues related to the preparation of investment projects, including revenue-generating projects and hybrid projects for 2014-2020. As it is impossible to objectively determine the revenues in advance on the basis of one of the methods specified in Article 61 item 3 or item 5 of Regulation 1303/2013, the Grantee (being a research unitenterprises other than an SME) is obliged to return, proportionally, the revenue generated during a 3 year period following the completion of the Project or by the end of the period for submitting documents concerning the completion of the Project, specified in the regulations on European Regional Development Fund, whichever date is first, pursuant to the provisions specified in the document entitled: The procedure Procedure of calculating and monitoring revenue for beneficiaries receiving co- financing outside state aid schemesin projects of large enterprises, realised under Priority Axis Axes 1 and 4 of the Smart Growth Operational Programme. 6. Funds transferred by the Foundation but not used in the Project shall be reimbursed to the bank account specified by the Foundation within 25 days from the Project completion date. 7. Funds used in a manner non-compliant with the cost eligibility conditions shall be reimbursed to the bank account specified by the Foundation within 14 days from the date of receipt of the call to return the funds by the UnitEnterprise. 8. Expenditures incurred to cover goods and services tax (VAT) that are deemed as eligible for funding, if the statement specified in §4 items 5 and 6 hereinabove has been filed after the expiry of the period specified in §2 item 1 – within 5 years – are subject to reimbursement together with interest charged at the rate as for tax arrears, in the manner stipulated in item 7 of this paragraph. The said interest shall be charged from the date of transferring the funds from which the VAT was covered to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation. The period specified in item 7 shall commence on the date of submitting the relevant updated statement by the UnitEnterprise. 9. The Foundation may authorise third parties to act on its behalf for debt enforcement purposes. 10. The Grantee shall not bear responsibility for non-performance or improper performance resulting from cases of force majeure. The Grantee shall be obliged to notify the Foundation immediately about the occurrence of force majeure and to substantiate the existence of force majeure by stating its influence on the course of Project realisation. 11. In the event of failure to reimburse the full amount of funds together with interest calculated as for tax arrears, such payment shall be allocated proportionally to the principal outstanding amount, understood as the amount of Funding to be reimbursed (without interest) and the amount of interest calculated as for tax arrears, basing on the proportion of the principal amount to the interest amount as of the date of payment. 12. In case of failure to reimburse the amounts specified in this paragraph of the Agreement, the provisions of Article 207 of the Act on Public Finance shall apply, including, the exclusion [of the Project] from the possibility to receive funds designated for the realisation of programmes financed from European Regional Development Fund pursuant to the principles set forth in Article 207, item 4 of the Act on Public Finance. 13. The Grantee is obliged to cover the documented costs of debt enforcement actions initiated against it, in particular costs of legal assistance provided by professional attorneys, if any payments have been made to the Grantee.

Reimbursement of Funding. 1. If the Agreement is terminated in the manners specified in § 11 item 3, the UnitEnterprise, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation. The equivalent of the funding transferred pursuant to agreements specified in §3 item 14 shall be transferred by the Unit Enterprise to the Foundation on the conditions specified in the previous sentence, provided that interest shall be charged from the date of payment of the stipend to individual young scientists. 2. If the Agreement is terminated in the manners specified in § 11 item 1, the UnitEnterprise, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation, pursuant to the principle specified in item 1, sentence 2 of this paragraph. In particularly justified cases, on a written request of the Project Manager and the UnitEnterprise, the Foundation may waive the demand to reimburse settled funds and/or waive the demand to pay interest, considering, in particular, the manner of executing the provisions of the Agreement by the Project Manager and the UnitEnterprise. 3. The Unit Enterprise is obliged to reimburse the funds if inspection authorities find any violations of the terms and conditions of Project realisation, of national or EU legislation, in particular in the following cases: a. if it is found that the funding granted was used in a manner non-compliant with the subject of the Agreement, b. if undue funding was received, c. if the received amount of funding was excessive, d. if provisions concerning the durability of the Project have been violated, e. if the funding has been used in a manner non-compliant with the procedures specified in Article 184 of the Act on Public Finance. 4. In the case specified in item 3 hereinabove, the Unit Enterprise shall reimburse the amount specified in the decision together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation, on the terms and conditions specified by the Foundation. 5. Grantees being research units an enterprise other than SME are obliged to disclose all net revenues, pursuant to Article 61, item 1 of Regulation 1303/2013 generated in connection with Project realisation, on the terms and conditions set forth in Article 61 of the said Regulation and in the relevant Guidelines of the competent Minister for regional development concerning issues related to the preparation of investment projects, including revenue-generating projects and hybrid projects for 2014-2020. As it is impossible to objectively determine the revenues in advance on the basis of one of the methods specified in Article 61 item 3 or item 5 of Regulation 1303/2013, the Grantee (being a research unitan enterprise other than an SME) is obliged to return, proportionally, the revenue generated during a 3 year period following the completion of the Project or by the end of the period for submitting documents concerning the completion of the Project, specified in the regulations on European Regional Development Fund, whichever date is first, pursuant to the provisions specified in the document entitled: The procedure Procedure of calculating and monitoring revenue for beneficiaries receiving co- financing outside state aid schemesin projects of large enterprises, realised under Priority Axis Axes 1 and 4 of the Smart Growth Operational Programme. 6. Funds transferred by the Foundation but not used in the Project shall be reimbursed to the bank account specified by the Foundation within 25 days from the Project completion date. 7. Funds used in a manner non-compliant with the cost eligibility conditions shall be reimbursed to the bank account specified by the Foundation within 14 days from the date of receipt of the call to return the funds by the UnitEnterprise. 8. Expenditures incurred to cover goods and services tax (VAT) that are deemed as eligible for funding, if the statement specified in §4 items 5 and 6 hereinabove has been filed after the expiry of the period specified in §2 item 1 – within 5 years – are subject to reimbursement together with interest charged at the rate as for tax arrears, in the manner stipulated in item 7 of this paragraph. The said interest shall be charged from the date of transferring the funds from which the VAT was covered to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation. The period specified in item 7 shall commence on the date of submitting the relevant updated statement by the UnitEnterprise. 9. The Foundation may authorise third parties to act on its behalf for debt enforcement purposes. 10. The Grantee shall not bear responsibility for non-performance or improper performance resulting from cases of force majeure. The Grantee shall be obliged to notify the Foundation immediately about the occurrence of force majeure and to substantiate the existence of force majeure by stating its influence on the course of Project realisation. 11. In the event of failure to reimburse the full amount of funds together with interest calculated as for tax arrears, such payment shall be allocated proportionally to the principal outstanding amount, understood as the amount of Funding to be reimbursed (without interest) and the amount of interest calculated as for tax arrears, basing on the proportion of the principal amount to the interest amount as of the date of payment. 12. In case of failure to reimburse the amounts specified in this paragraph of the Agreement, the provisions of Article 207 of the Act on Public Finance shall apply, including, the exclusion [of the Project] from the possibility to receive funds designated for the realisation of programmes financed from European Regional Development Fund pursuant to the principles set forth in Article 207, item 4 of the Act on Public Finance. 13. The Grantee is obliged to cover the documented costs of debt enforcement actions initiated against it, in particular costs of legal assistance provided by professional attorneys, if any payments have been made to the Grantee.

Reimbursement of Funding. 1. If the Agreement is terminated in the manners specified in § 11 item 3, the Unit, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation. The equivalent of the funding transferred pursuant to agreements specified in §3 item 14 shall be transferred by the Unit to the Foundation on the conditions specified in the previous sentence, provided that interest shall be charged from the date of payment of the stipend to individual young scientists. 2. If the Agreement is terminated in the manners specified in § 11 item 1, the Unit, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation, pursuant to the principle specified in item 1, sentence 2 of this paragraph. In particularly justified cases, on a written request of the Project Manager and the Unit, the Foundation may waive the demand to reimburse settled funds and/or waive the demand to pay interest, considering, in particular, the manner of executing the provisions of the Agreement by the Project Manager and the Unit. 3. The Unit is obliged to reimburse the funds if inspection authorities find any violations of the terms and conditions of Project realisation, of national or EU legislation, in particular in the following cases: a. if it is found that the funding granted was used in a manner non-compliant with the subject of the Agreement, b. if undue funding was received, c. if the received amount of funding was excessive, d. if provisions concerning the durability of the Project have been violated, e. if the funding has been used in a manner non-compliant with the procedures specified in Article 184 of the Act on Public Finance. 4. In the case specified in item 3 hereinabove, the Unit shall reimburse the amount specified in the decision together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation, on the terms and conditions specified by the Foundation. 5. Grantees being research units are obliged to disclose all net revenues, pursuant to Article 61, item 1 of Regulation 1303/2013 generated in connection with Project realisation, on the terms and conditions set forth in Article 61 of the said Regulation and in the relevant Guidelines of the competent Minister for regional development concerning issues related to the preparation of investment projectsProjects, including revenue-generating projects Projects and hybrid projects Projects for 2014-2020. As it is impossible to objectively determine the revenues in advance on the basis of one of the methods specified in Article 61 item 3 or item 5 of Regulation 1303/2013, the Grantee (being a research unit) is obliged to return, proportionally, the revenue generated during a 3 year period following the completion of the Project or by the end of the period for submitting documents concerning the completion of the Project, specified in the regulations on European Regional Development Fund, whichever date is first, pursuant to the provisions specified in the document entitled: The procedure of calculating and monitoring revenue for beneficiaries receiving co- financing outside state aid schemes, under Priority Axis 4 of the Smart Growth Operational Programme. 6. Funds transferred by the Foundation but not used in the Project shall be reimbursed to the bank account specified by the Foundation within 25 days from the Project completion date. 7. Funds used in a manner non-compliant with the cost eligibility conditions shall be reimbursed to the bank account specified by the Foundation within 14 days from the date of receipt of the call to return the funds by the Unit. 8. Expenditures incurred to cover goods and services tax (VAT) that are deemed as eligible for funding, if the statement specified in §4 items 5 and 6 hereinabove has been filed after the expiry of the period specified in §2 item 1 – within 5 years – are subject to reimbursement together with interest charged at the rate as for tax arrears, in the manner stipulated in item 7 of this paragraph. The said interest shall be charged from the date of transferring the funds from which the VAT was covered to the Unit to the date of reimbursement to the bank account specified by the Foundation. The period specified in item 7 shall commence on the date of submitting the relevant updated statement by the Unit. 9. The Foundation may authorise third parties to act on its behalf for debt enforcement purposes. 10. The Grantee shall not bear responsibility for non-performance or improper performance resulting from cases of force majeure. The Grantee shall notify the Foundation immediately about the occurrence of force majeure and to substantiate the existence of force majeure by stating its influence on the course of Project realisation. 11. In the event of failure to reimburse the full amount of funds together with interest calculated as for tax arrears, such payment shall be allocated proportionally to the principal outstanding amount, understood as the amount of Funding to be reimbursed (without interest) and the amount of interest calculated as for tax arrears, basing on the proportion of the principal amount to the interest amount as of the date of payment. 12. In case of failure to reimburse the amounts specified in this paragraph of the Agreement, the provisions of Article 207 of the Act on Public Finance shall apply, including, the exclusion [of the Project] from the possibility to receive funds designated for the realisation of programmes financed from European Regional Development Fund pursuant to the principles set forth in Article 207, item 4 of the Act on Public Finance. 13. The Grantee is obliged to cover the documented costs of debt enforcement actions initiated against it, in particular costs of legal assistance provided by professional attorneys, if any payments have been made to the Grantee.

Reimbursement of Funding. 1. If the Agreement is terminated in the manners specified in § 11 item 3, the UnitEnterprise, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation. The equivalent of the funding transferred pursuant to agreements specified in §3 item 14 shall be transferred by the Unit Enterprise to the Foundation on the conditions specified in the previous sentence, provided that interest shall be charged from the date of payment of the stipend to individual young scientists. 2. If the Agreement is terminated in the manners specified in § 11 item 1, the UnitEnterprise, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation, pursuant to the principle specified in item 1, sentence 2 of this paragraph. In particularly justified cases, on a written request of the Project Manager and the UnitEnterprise, the Foundation may waive the demand to reimburse settled funds and/or waive the demand to pay interest, considering, in particular, the manner of executing the provisions of the Agreement by the Project Manager and the UnitEnterprise. 3. The Unit Enterprise is obliged to reimburse the funds if inspection authorities find any violations of the terms and conditions of Project realisation, of national or EU legislation, in particular in the following cases: a. if it is found that the funding granted was used in a manner non-compliant with the subject of the Agreement, b. if undue funding was received, c. if the received amount of funding was excessive, d. if provisions concerning the durability of the Project have been violated, e. if the funding has been used in a manner non-compliant with the procedures specified in Article 184 of the Act on Public Finance. 4. In the case specified in item 3 hereinabove, the Unit Enterprise shall reimburse the amount specified in the decision together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation, on the terms and conditions specified by the Foundation. 5. Grantees being research units enterprises other than SME are obliged to disclose all net revenues, pursuant to Article 61, item 1 of Regulation 1303/2013 generated in connection with Project realisation, on the terms and conditions set forth in Article 61 of the said Regulation and in the relevant Guidelines of the competent Minister for regional development concerning issues related to the preparation of investment projects, including revenue-generating projects and hybrid projects for 2014-2020. As it is impossible to objectively determine the revenues in advance on the basis of one of the methods specified in Article 61 item 3 or item 5 of Regulation 1303/2013, the Grantee (being a research unitan enterprises other than an SME) is obliged to return, proportionally, the revenue generated during a 3 year period following the completion of the Project or by the end of the period for submitting documents concerning the completion of the Project, specified in the regulations on European Regional Development Fund, whichever date is first, pursuant to the provisions specified in the document documents entitled: The procedure the Procedure of calculating and monitoring revenue for beneficiaries receiving co- financing outside state aid schemesin projects of large enterprises, realised under Priority Axis Axes 1 and 4 of the Smart Growth Operational Programme. 6. Funds transferred by the Foundation but not used in the Project shall be reimbursed to the bank account specified by the Foundation within 25 days from the Project completion date. 7. Funds used in a manner non-compliant with the cost eligibility conditions shall be reimbursed to the bank account specified by the Foundation within 14 days from the date of receipt of the call to return the funds by the UnitEnterprise. 8. Expenditures incurred to cover goods and services tax (VAT) that are deemed as eligible for funding, if the statement specified in §4 items item 5 and 6 hereinabove has been filed after the expiry of the period specified in §2 item 1 – within 5 years – are subject to reimbursement together with interest charged at the rate as for tax arrears, in the manner stipulated in item 7 of this paragraph. The said interest shall be charged from the date of transferring the funds from which the VAT was covered to the Unit Enterprise to the date of reimbursement to the bank account specified by the Foundation. The period specified in item 7 shall commence on the date of submitting the relevant updated statement by the UnitEnterprise. 9. The Foundation may authorise third parties to act on its behalf for debt enforcement purposes. 10. The Grantee shall not bear responsibility for non-performance or improper performance resulting from cases of force majeure. The Grantee shall be obliged to notify the Foundation immediately about the occurrence of force majeure and to substantiate the existence of force majeure by stating its influence on the course of Project realisation. 11. In the event of failure to reimburse the full amount of funds together with interest calculated as for tax arrears, such payment shall be allocated proportionally to the principal outstanding amount, understood as the amount of Funding to be reimbursed (without interest) and the amount of interest calculated as for tax arrears, basing on the proportion of the principal amount to the interest amount as of the date of payment. 12. In case of failure to reimburse the amounts specified in this paragraph of the Agreement, the provisions of Article 207 of the Act on Public Finance shall apply, including, the exclusion [of the Project] from the possibility to receive funds designated for the realisation of programmes financed from European Regional Development Fund pursuant to the principles set forth in Article 207, item 4 of the Act on Public Finance. 13. The Grantee is obliged to cover the documented costs of debt enforcement actions initiated against it, in particular costs of legal assistance provided by professional attorneys, if any payments have been made to the Grantee.

Reimbursement of Funding. 1. If the Agreement is terminated in the manners specified in § 11 item 3, the Unit, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation. The equivalent of the funding transferred pursuant to agreements specified in §3 item 14 shall be transferred by the Unit to the Foundation on the conditions specified in the previous sentence, provided that interest shall be charged from the date of payment of the stipend to individual young scientists. 2. If the Agreement is terminated in the manners specified in § 11 item 1, the Unit, on request of the Foundation, shall reimburse the total amount of funding received pursuant to the Agreement, within 14 days from the receipt of notification, together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation, pursuant to the principle specified in item 1, sentence 2 of this paragraph. In particularly justified cases, on a written request of the Project Manager and the Unit, the Foundation may waive the demand to reimburse settled funds and/or waive the demand to pay interest, considering, in particular, the manner of executing the provisions of the Agreement by the Project Manager and the Unit. 3. The Unit is obliged to reimburse the funds if inspection authorities find any violations of the terms and conditions of Project realisation, of national or EU legislation, in particular in the following cases: a. if it is found that the funding granted was used in a manner non-compliant with the subject of the Agreement, b. if undue funding was received, c. if the received amount of funding was excessive, d. if provisions concerning the durability of the Project have been violated, e. if the funding has been used in a manner non-compliant with the procedures specified in Article 184 of the Act on Public Finance. 4. In the case specified in item 3 hereinabove, the Unit shall reimburse the amount specified in the decision together with interest at the rate applied to tax arrears, charged for the period from the date of transferring the funds to the Unit to the date of reimbursement to the bank account specified by the Foundation, on the terms and conditions specified by the Foundation. 5. Grantees being research units are obliged to disclose all net revenues, pursuant to Article 61, item 1 of Regulation 1303/2013 generated in connection with Project realisation, on the terms and conditions set forth in Article 61 of the said Regulation and in the relevant Guidelines of the competent Minister for regional development concerning issues related to the preparation of investment projects, including revenue-generating projects and hybrid projects for 2014-2020. As it is impossible to objectively determine the revenues in advance on the basis of one of the methods specified in Article 61 item 3 or item 5 of Regulation 1303/2013, the Grantee (being a research unit) unit is obliged to return, proportionally, the revenue generated during a 3 year period following the completion of the Project or by the end of the period for submitting documents concerning the completion of the Project, specified in the regulations on European Regional Development Fund, whichever date is first, pursuant to the provisions specified in the document documents entitled: The procedure of calculating and monitoring revenue for beneficiaries receiving co- financing outside state aid schemes, under Priority Axis 4 of the Smart Growth Operational Programme. 6. Funds transferred by the Foundation but not used in the Project shall be reimbursed to the bank account specified by the Foundation within 25 days from the Project completion date. 7. Funds used in a manner non-compliant with the cost eligibility conditions shall be reimbursed to the bank account specified by the Foundation within 14 days from the date of receipt of the call to return the funds by the Unit. 8. Expenditures incurred to cover goods and services tax (VAT) that are deemed as eligible for funding, if the statement specified in §4 items 5 and 6 hereinabove has been filed after the expiry of the period specified in §2 item 1 – within 5 years – are subject to reimbursement together with interest charged at the rate as for tax arrears, in the manner stipulated in item 7 of this paragraph. The said interest shall be charged from the date of transferring the funds from which the VAT was covered to the Unit to the date of reimbursement to the bank account specified by the Foundation. The period specified in item 7 shall commence on the date of submitting the relevant updated statement by the Unit. 9. The Foundation may authorise third parties to act on its behalf for debt enforcement purposes. 10. The Grantee shall not bear responsibility for non-performance or improper performance resulting from cases of force majeure. The Grantee shall notify the Foundation immediately about the occurrence of force majeure and to substantiate the existence of force majeure by stating its influence on the course of Project realisation. 11. In the event of failure to reimburse the full amount of funds together with interest calculated as for tax arrears, such payment shall be allocated proportionally to the principal outstanding amount, understood as the amount of Funding to be reimbursed (without interest) and the amount of interest calculated as for tax arrears, basing on the proportion of the principal amount to the interest amount as of the date of payment. 12. In case of failure to reimburse the amounts specified in this paragraph of the Agreement, the provisions of Article 207 of the Act on Public Finance shall apply, including, the exclusion [of the Project] from the possibility to receive funds designated for the realisation of programmes financed from European Regional Development Fund pursuant to the principles set forth in Article 207, item 4 of the Act on Public Finance. 13. The Grantee is obliged to cover the documented costs of debt enforcement actions initiated against it, in particular costs of legal assistance provided by professional attorneys, if any payments have been made to the Grantee.