Common use of RIGHTS AND OBLIGATIONS OF THE PARTNERS Clause in Contracts

RIGHTS AND OBLIGATIONS OF THE PARTNERS. Each Partner shall be obliged to: fulfil its duties under documents regulating the implementation of the Programme; undertake any actions necessary for timely and full implementation of the Partner’s part of the Project; undertake any necessary actions to enable the Lead Partner to fulfil its duties under the Subsidy Contract. To this end, each Partner shall be obliged to submit all documents and information required by the Lead Partner within a time-limit which enables the fulfilment its duties vis-a-vis the Managing Authority, set out in the Subsidy Contract, especially the timely preparation of payment applications and other documents in accordance with the provisions of the Subsidy Contract; ensure that double financing of eligible expenditure from the EU funds or other sources does not occur within the Partner’s part of the project under implementation; maintain separate accounting records or a separate accounting code for the purpose of implementation of the project, in a way which enables the identification of each financial operation carried out under the project5, under conditions set out in the current version of the Programme Manual; in its own Progress Reports, show only eligible expenditure and the expenditure which is in line with the Application Form; ensure that the public is informed about the funding of the project, in accordance with the requirements referred to in Article 115(3) of the General Regulation in the Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014. (OJ L 223 of 29.7.2014, p. 7-18) and in the current version of the Programme Manual; monitor the progress of achieving the target values of the output indicators defined in the Application Form by the Partner’s part of a Project; regularly monitor the progress of the implementation of the Partner’s part of the project in relation to the content of the Application Form and other Appendices to this document as well as to immediately inform the Joint Secretariat through the Lead Partner of any irregularities, circumstances which cause delay or render impossible the full implementation of the project, or of the intention to cease the implementation of the Partner’s part of the Project; immediately inform the Joint Secretariat through the Lead Partner of the circumstances which influence the reduction of eligible expenditure of the project, especially of the possibility to recover VAT and of the revenue which was not taken into account at the stage of co-financing the funding; immediately inform the Lead Partner of savings in the part of the Project implemented by the Partner, especially these resulting from the tender procedures which were conducted and completed with a signature of the award of the public procurement contract; prepare and conduct public procurement procedures as well as to award public contracts under the part of the project implemented by the Partner in accordance with the provisions of UE and national law or with the principle of competitiveness, described in detail in the current version of the Programme Manual; immediately inform the competent Controller of the conclusion of the award of the public procurement contract and any amendment made to this contract, concluded with the contractor in the framework of the Project implementation; provide the competent Controller with the documentation concerning the public procurement in relation with the implementation of the Partner’s part of the Project immediately following the award of the public procurement; within 15 days from the date of termination of the reporting period, prepare and submit to the competent Controller own Partner Progress Report and to correct any errors detected in them as well as to provide explanations or additions to the competent Controller within the time-limits specified by the Controller; make available documents and provide the necessary explanations to the competent Controller within the time-limits specified by the Controller; cooperate with external controllers, auditors, evaluators and to undergo controls or audits conducted by the authorised national and UE services; immediately inform the Lead Partner of such a change of the Partner’s legal status, which results in a failure to fulfil the requirements towards the Partner which are described in the Programme; immediately inform the Lead Partner of its liquidation or bankruptcy or bankruptcy or liquidation proceedings; store documentation concerning the implementation of the Partner’s part of the project for the period of at least five years from the date of the final payment to a given Partner or for the period of two years from 31 December following the submission of the statement of expenditure to the European Commission by the Certifying Authority, which includes recent expenditure concerning the project – depending on which date is the latest. [If the funding constitutes state aid, this period shall be replaced by the time-limit applicable under the provisions concerning State aid.]; maintain the sustainability of its part of the project for the period of five years following the date of final payment by the Managing Authority and under the conditions specified in the UE law and in the current version of the Programme Manual; immediately repay unduly accepted funding. Each Partner shall bear sole and exclusive responsibility for the implementation of tasks assigned to it, which were described in the Application Form approved by the Programme Monitoring Committee AND/OR division of tasks between the Lead Partner and particular Partners which constitutes Appendix No ………………….. to this Agreement. Each Partner shall be obliged to immediately inform the Lead Partner of any important circumstances which influence the regularity, timeliness, effectiveness and completeness of the actions undertaken by this Partner. Each Partner shall have the right to receive co-financing from the Programme funding, according to the Project’s budget included in the Application Form, provided that the responsibilities under this Agreement and documents regulating the implementation of the Programme according to paragraph 2 have been fulfilled. Each Partner shall be obliged to immediately inform the Lead Partner about the completed verification of Partner Progress Report and to submit to the Lead Partner all information and documents necessary in the process of preparing payment applications for the project. Each Partner shall be liable for any irregularities detected during the implementation of tasks under the Project, set out for a given Partner in the Application Form. Each Partner shall give its consent to processing data related to the Project for the purposes of monitoring, control, promotion and evaluation of the Programme. Each Partner shall be liable towards other Partners for the damages resulting from the project and the effects of these damages in the framework of tasks and responsibilities assigned to the Partner under the Project, according to § 5 of the Partnership Agreement. Each Partner shall disclose the VAT recoverable during the implementation of the project and returns it to the Lead Partner if it has been found that the VAT which could be recovered had been shown in the report and refunded. In justified cases, especially if the Programme is in jeopardy of cancelling obligations resulting from the n+3 principle, the Lead Partner, at the request of the Joint Secretariat, may request each Partner to submit an additional Partner Progress Report , covering the reporting period which is different from the standard reporting period. If a Member State, in whose territory a Partner is located, covers the liabilities of the Partner towards the Lead Partner, the Member State has the right to request the reimbursement of the resources from the Partner.

RIGHTS AND OBLIGATIONS OF THE PARTNERS. Each Partner shall be obliged to: fulfil its duties under documents regulating the implementation of the Programme; undertake any actions necessary for timely and full implementation of the Partner’s part of the Project; undertake any necessary actions to enable the Lead Partner to fulfil its duties under the Subsidy Contract. To this end, each Partner shall be obliged to submit all documents and information required by the Lead Partner within a time-limit which enables the fulfilment its duties vis-a-vis the Managing Authority, set out in the Subsidy Contract, especially the timely preparation of payment applications and other documents in accordance with the provisions of the Subsidy Contract; ensure that double financing of eligible expenditure from the EU funds or other sources does not occur within the Partner’s part of the project under implementation; maintain separate accounting records or a separate accounting code for the purpose of implementation of the project, in a way which enables the identification of each financial operation carried out under the project5, under conditions set out in the current version of the Programme Manual; in its own Progress Reports, show only eligible expenditure and the expenditure which is in line with the Application Form; ensure that the public is informed about the funding of the project, in accordance with the requirements referred to in Article 115(3) of the General Regulation in the Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014. (OJ L 223 of 29.7.2014, p. 7-18) and in the current version of the Programme Manual; monitor the progress of achieving the target values of the output indicators defined in the Application Form by the Partner’s part of a Project; regularly monitor the progress of the implementation of the Partner’s part of the project in relation to the content of the Application Form and other Appendices to this document as well as to immediately inform the Joint Secretariat through the Lead Partner of any irregularities, circumstances which cause delay or render impossible the full implementation of the project, or of the intention to cease the implementation of the Partner’s part of the Project; immediately inform the Joint Secretariat through the Lead Partner of the circumstances which influence the reduction of eligible expenditure of the project, especially of the possibility to recover VAT and of the revenue which was not taken into account at the stage of co-financing the funding; immediately inform the Lead Partner of savings in the part of the Project implemented by the Partner, especially these resulting from the tender procedures which were conducted and completed with a signature of the award of the public procurement contract; prepare and conduct public procurement procedures as well as to award public contracts under the part of the project implemented by the Partner in accordance with the provisions of UE and national law or with the principle of competitiveness, described in detail in the current version of the Programme Manual; immediately inform the competent Controller of the conclusion of the award of the public procurement contract and any amendment made to this contract, concluded with the contractor in the framework of the Project implementation; provide the competent Controller with the documentation concerning the public procurement in relation with the implementation of the Partner’s part of the Project immediately following the award of the public procurement; within 15 days from the date of termination of the reporting period, prepare and submit to the competent Controller own Partner Progress Report and to correct any errors detected in them as well as to provide explanations or additions to the competent Controller within the time-limits specified by the Controller; make available documents and provide the necessary explanations to the competent Controller within the time-limits specified by the Controller; cooperate with external controllers, auditors, evaluators and to undergo controls or audits conducted by the authorised national and UE services; immediately inform the Lead Partner of such a change of the Partner’s legal status, which results in a failure to fulfil the requirements towards the Partner which are described in the Programme; immediately inform the Lead Partner of its liquidation or bankruptcy or bankruptcy or liquidation proceedings; store documentation concerning the implementation of the Partner’s part of the project for the period of at least five years from the date of the final payment to a given Partner or for the period of two years from 31 December following the submission of the statement of expenditure to the European Commission by the Certifying Authority, which includes recent expenditure concerning the project – depending on which date is the latest. [If the funding constitutes state aid, this period shall be replaced by the time-limit applicable under the provisions concerning State aid.]; maintain the sustainability of its part of the project for the period of five years following the date of final payment by the Managing Authority and under the conditions specified in the UE law and in the current version of the Programme Manual; immediately repay unduly accepted funding. Each Partner shall bear sole and exclusive responsibility for the implementation of tasks assigned to it, which were described in the Application Form approved by the Programme Monitoring Committee AND/OR division of tasks between the Lead Partner and particular Partners which constitutes Appendix No ………………….. to this Agreement. Each Partner shall be obliged to immediately inform the Lead Partner of any important circumstances which influence the regularity, timeliness, effectiveness and completeness of the actions undertaken by this Partner. Each Partner shall have the right to receive co-financing from the Programme funding, according to the Project’s budget included in the Application Form, provided that the responsibilities under this Agreement and documents regulating the implementation of the Programme according to paragraph 2 have been fulfilled. Each Partner shall be obliged to immediately inform the Lead Partner about the completed verification of Partner Progress Report and to submit to the Lead Partner all information and documents necessary in the process of preparing payment applications for the projectProject Progress Report. Each Partner shall be liable for any irregularities detected during the implementation of tasks under the Project, set out for a given Partner in the Application Form. Each Partner shall give its consent to processing data related to the Project for the purposes of monitoring, control, promotion and evaluation of the Programme. Each Partner shall be liable towards other Partners for the damages resulting from the project and the effects of these damages in the framework of tasks and responsibilities assigned to the Partner under the Project, according to § 5 of the Partnership Agreement. Each Partner shall disclose the VAT recoverable during the implementation of the project and returns it to the Lead Partner if it has been found that the VAT which could be recovered had been shown in the report and refunded. In justified cases, especially if the Programme is in jeopardy of cancelling obligations resulting from the n+3 principle, the Lead Partner, at the request of the Joint Secretariat, may request each Partner to submit an additional Partner Progress Report Report, covering the reporting period which is different from the standard reporting period. If a Member State, in whose territory a Partner is located, covers the liabilities of the Partner towards the Lead Partner, the Member State has the right to request the reimbursement of the resources from the Partner.

RIGHTS AND OBLIGATIONS OF THE PARTNERS. Each Partner shall be obliged to: fulfil its duties under documents regulating the implementation of the Programme; undertake any actions necessary for timely and full implementation of the Partner’s part of the Projectproject; undertake any necessary actions to enable the Lead Partner to fulfil its duties under the Subsidy Contract. To this end, each Partner shall be obliged to submit all documents and information required by the Lead Partner within a time-limit which enables the fulfilment of its duties vis-a-vis towards the Managing Authority, set out in the Subsidy Contract, especially the timely preparation of payment applications and other documents in accordance with the provisions of the Subsidy Contract; ensure that double financing of eligible expenditure from the EU funds or other sources does not occur within the Partner’s part of the project under implementation; maintain separate accounting records or a separate accounting code for the purpose of implementation of the project, in a way which enables the identification of each financial operation carried out under the project5, under conditions set out in the current version of the Programme Manual; in its own Progress Reports, show only eligible expenditure and the expenditure which is in line with the Application Form; ensure that the public is informed about the funding of the project, in accordance with the requirements referred to in Article 115(3) of the General Regulation in the Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014. (OJ L 223 of 29.7.2014, p. pp. 7-18) and in the current version of the Programme Manual; monitor the progress of achieving the target values of the output indicators defined in the Application Form by the Partner’s part of a Projectproject; regularly monitor the progress of the implementation of the Partner’s part of the project in relation to the content of the Application Form and other Appendices to this document as well as to immediately inform the Joint Secretariat through the Lead Partner of any irregularities, circumstances which cause delay or render impossible the full implementation of the project, or of the intention to cease the implementation of the Partner’s part of the Projectproject; immediately inform the Joint Secretariat through the Lead Partner of the circumstances which influence the reduction of eligible expenditure of the project, especially of the possibility to recover VAT and of the revenue which was not taken into account at the stage of co-financing the funding; immediately inform the Lead Partner of savings in the part of the Project project implemented by the Partner, especially these those resulting from the tender procedures which were conducted and completed with a signature of the award of the public procurement contract; prepare and conduct public procurement procedures as well as to award public contracts under the part of the project implemented by the Partner in accordance with the provisions of UE EU and national law or with the principle of competitiveness, described in detail in the current version of the Programme Manual; immediately inform the competent Controller of the conclusion of the award of the public procurement contract and any amendment made to this contract, concluded with the contractor in the framework of the Project project implementation; provide the competent Controller with the documentation concerning the public procurement in relation with the implementation of the Partner’s part of the Project project immediately following the award of the public procurement; within 15 days from the date of termination of the reporting period, prepare and submit to the competent Controller the own Partner Progress Report and to correct any errors detected in them as well as to provide explanations or additions to the competent Controller within the time-limits specified by the Controller; make available documents and provide the necessary explanations to the competent Controller within the time-limits specified by the Controller; cooperate with external controllers, auditors, evaluators and to undergo controls or audits conducted by the authorised national and UE EU services; immediately inform the Lead Partner of such a change of the Partner’s legal status, which results in a failure to fulfil the requirements towards the Partner which are described in the Programme; immediately inform the Lead Partner of its liquidation or bankruptcy or bankruptcy or liquidation proceedings; store documentation concerning the implementation of the Partner’s part of the project for the period of at least five years from the date of the final payment to a given Partner or for the period of two years from 31 December following the submission of the statement of expenditure to the European Commission by the Certifying Authority, which includes recent expenditure concerning the project – depending on which date is the latest. [If the funding constitutes state aid, this period shall be replaced by the time-limit applicable under the provisions concerning State aid.]; maintain the sustainability of its part of the project for the period of five years following the date of final payment by the Managing Authority and under the conditions specified in the UE EU law and in the current version of the Programme Manual; immediately repay unduly accepted funding. Each Partner shall bear sole and exclusive responsibility for the implementation of tasks assigned to it, which were described in the Application Form approved by the Programme Monitoring Committee AND/OR division of tasks between the Lead Partner and particular Partners which constitutes Appendix No ………………….. to this Agreement. Each Partner shall be obliged to immediately inform the Lead Partner of any important circumstances which influence the regularity, timeliness, effectiveness and completeness of the actions undertaken by this Partner. Each Partner shall have the right to receive co-financing from the Programme funding, according to the Projectproject’s budget included in the Application Form, provided that the responsibilities under this Agreement agreement and documents regulating the implementation of the Programme according to paragraph 2 have been fulfilled. Each Partner shall be obliged to immediately inform the Lead Partner about the completed verification of the Partner Progress Report and to submit to the Lead Partner all information and documents necessary in the process of preparing payment applications for the project. Each Partner shall be liable for any irregularities detected during the implementation of tasks under the Projectproject, set out for a given Partner in the Application Form. Each Partner shall give its consent to processing data related to the Project project for the purposes of monitoring, control, promotion and evaluation of the Programme. Each Partner shall be liable towards other Partners for the damages resulting from the project and the effects of these damages in the framework of tasks and responsibilities assigned to the Partner under the Projectproject, according to § 5 of the Partnership Agreementpartnership agreement. Each Partner shall disclose the VAT recoverable during the implementation of the project and returns it to the Lead Partner if it has been found that the VAT which could be recovered had been shown in the report and refunded. In justified cases, especially if the Programme is in jeopardy of cancelling obligations resulting from the n+3 principle, the Lead Partner, at the request of the Joint Secretariat, may request each Partner to submit an additional Partner Progress Report Report, covering the reporting period which is different from the standard reporting period. If a Member State, in whose territory a Partner is located, covers the liabilities of the Partner towards the Lead Partner, the Member State has the right to request the reimbursement of the resources from the Partner.

RIGHTS AND OBLIGATIONS OF THE PARTNERS. Each Partner shall be obliged to: fulfil its duties under documents regulating the implementation of the Programme; undertake any actions necessary for timely and full implementation of the Partner’s part of the Projectproject; undertake any necessary actions to enable the Lead Partner to fulfil its duties under the Subsidy Contract. To this end, each Partner shall be obliged to submit all documents and information required by the Lead Partner within a time-limit which enables the fulfilment its of the Lead Partner’s duties vis-a-vis towards the Managing Authority, set out in the Subsidy Contract, especially the timely preparation of payment applications the Partner Progress Report and other documents in accordance with the provisions of the Subsidy Contract; ensure that double financing of eligible expenditure from the EU funds or other sources does not occur within the Partner’s part of the project under implementation; maintain separate accounting records or a separate accounting code for the purpose of the implementation of the project, in a way which enables the identification of each financial operation carried out under the project5project, under conditions set out in the current version of the Programme Manual; outline in its own Partner Progress Reports, show only Reports the eligible expenditure and the expenditure which is in line with the Application Form (information on the eligible total and the ERDF lump sums shares by a given Partner), describe the completed tasks and attach the documents that prove finalizing its implementation as indicated in Appendix no 4 Only this will confirm the contribution to achieving the target values of the output indicators defined in the Application Form; ensure that the public is informed about the ERDF co-funding of the project, in accordance with the requirements referred to in Article 115(3) of the General Regulation in the Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014. 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data (OJ L 223 of 29.7.2014, p. pp. 7-18, as amended) and in the current version of the Programme Manual; monitor the progress of implementation of the tasks described in Appendix no 4, that contribute to achieving the target values of the output indicators defined in the Application Form by the Partner’s part of a ProjectForm; regularly monitor the progress of the implementation of the Partner’s part of the project in relation to the content of the Application Form and other Appendices to this document as well as to immediately inform the Joint Secretariat through the Lead Partner of any irregularities, circumstances which cause delay or render impossible the full implementation of the project, or of the intention to cease the implementation of the Partner’s part of the Projectproject; immediately inform the Joint Secretariat through the Lead Partner of the circumstances which influence the reduction of eligible expenditure of the project, especially of the possibility to recover VAT and of the revenue which was not taken into account at the stage of co-financing the funding; immediately inform the Lead Partner of savings in the part of the Project implemented by the Partner, especially these resulting from the tender procedures which were conducted and completed with a signature of the award of the public procurement contractexpenditure; prepare and conduct public procurement procedures as well as to award public contracts under the part of the project implemented by the Partner in accordance with the provisions of UE EU and national law law, or with the principle of competitiveness, described in detail in the current version of the Programme Manual; immediately inform the competent Controller of the conclusion of the award of the public procurement contract and any amendment made to this contract, concluded with the contractor in the framework of the Project project implementation; provide the competent Controller with the documentation concerning the public procurement in relation with the implementation of the Partner’s part of the Project project immediately following the award of the public procurement; within 15 days from the date of termination the end of the reporting period, prepare and submit to the competent Controller its own Partner Progress Report Report, and to correct any errors detected in them as well as to provide explanations or additions to the competent Controller within the time-limits specified by the Controller; make available documents and provide the necessary explanations to the competent Controller within the time-limits specified by the Controller; cooperate with external controllers, auditors, evaluators and to undergo controls or audits conducted by the authorised national and UE EU services; immediately inform the Lead Partner of such a any change of the Partner’s legal status, which results in a failure to fulfil the requirements towards the Partner which are described in the Programme; immediately inform the Lead Partner of its liquidation or bankruptcy or bankruptcy or liquidation proceedings; store documentation concerning the implementation of the Partner’s part of the project for the period of at least five years from the date of the final payment to a given Partner or for the period of two years from 31 December following the submission of the statement of expenditure to the European Commission by the Certifying Authority, which includes recent the final expenditure concerning the completed project – depending on which date is the latest. [If the funding constitutes state aid, this period shall be replaced by the time-limit applicable under the provisions concerning State aid.]; maintain the sustainability durability of its part of the project for the period of five years following the date of the final payment by the Managing Authority and under the conditions specified in the UE EU law and in the current version of the Programme Manual; immediately repay unduly accepted paid funding. Each Partner shall bear sole and exclusive responsibility for the implementation of tasks assigned to it, which were described in the Application Form approved by the Programme Monitoring Committee AND/OR division of tasks between the Lead Partner and particular Partners which constitutes Appendix No ………………….. 4 to this Agreement. Each Partner shall be obliged to immediately inform the Lead Partner of any important circumstances which influence the regularity, timeliness, effectiveness and completeness of the actions undertaken by this Partner. Each Partner shall have the right to receive co-financing from the Programme funding, according to the Projectproject’s budget included in the Application Form, provided that the responsibilities under this Agreement agreement and requirements deriving from documents regulating the implementation of the Programme according to paragraph 2 have been fulfilled. Each Partner shall be obliged to immediately inform the Lead Partner about the completed verification of the Partner Progress Report and to submit to the Lead Partner all information and documents necessary in the process of preparing payment applications for the projectProject Progress Report. Each Partner shall be liable for any irregularities detected during the implementation of tasks under the Projectproject, set out for a given Partner in the Application Form. Each Partner shall give its consent to processing data related to the Project project for the purposes of monitoring, control, promotion and evaluation of the Programme. Each Partner shall be liable towards other Partners for the damages resulting from the project and the effects of these damages in the framework of tasks and responsibilities assigned to the Partner under the Projectproject, according to § 5 of the Partnership Agreement. Each Partner shall disclose the VAT recoverable during the implementation of the project and returns it to the Lead Partner if it has been found that the VAT which could be recovered had been shown in the report and refundedpartnership agreement. In justified cases, especially if the Programme is in jeopardy faces the risk of cancelling obligations resulting from the n+3 principledecommitment, the Lead Partner, at the request of the Joint Secretariat, may request each the Partner to submit an additional Partner Progress Report Report, covering the reporting period which is different from the standard reporting period. If a Member State, in on whose territory a Partner is located, covers the liabilities of the Partner towards the Lead Partner, the Member State has the right to request the reimbursement of the resources from the Partner.