Common use of SUBJECT OF THE CONTRACT Clause in Contracts

SUBJECT OF THE CONTRACT. 1. The subject of the agreement comprises the specification of the terms and conditions according to which the Managing Authority shall transfer co-financing to perform the project and the Lead Partner shall perform the project in accordance with the Application Form and the Monitoring Committee’s decision. 2. In particular, the agreement shall specify the Parties’ rights and obligations referring to the implementation of the project in the scope of the way and conditions according to which the co- financing is transferred and following activities are performed: monitoring, requests of payment, transfer of co-financing, control and audit, information and promotion as well as project management. 3. During the project implementation and during its durability, the Lead Partner shall act in accordance with: 1) the EU law and domestic regulations binding on the Lead Partner, in particular: a. ETC Regulation; b. regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (OJ EU L 347, 20.12.2013, pp. 289-302); c. General Regulation; d. implementing Regulations of the European Commission which complement the General Regulation, ETC Regulation and the Regulation, referred to under letter 1(b); e. national regulations concerning personal data protection; f. national and EU public procurement law. 2) current versions of programme documents, in particular: a. Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved by the Decision of the European Commission No CCI 2014TC16RFCB013 dated 23.09.2015; b. Programme Manual, posted on the programme website; 3) national and EU principles and guidelines, in particular: a. Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ C 179, 01.08.2006); b. a document issued by the European Commission, concerning the determination of financial corrections. 4. The Lead Partner states that it has familiarised itself with the aforementioned documents, it acknowledges the way of presenting it the amendments of these documents as well as it acknowledges that the implementation of the project started before the conclusion of this agreement shall constitute the subject of verification mentioned in § 9 and 10 of this agreement. 5. The Lead Partner confirms the truthfulness of the data included in the agreement and Appendices constituting its integral part. 6. The Lead Partner shall provide that all Partners shall be obliged to adhere to the binding provisions of the European and national law, the current programme documents and the national and European rules and guidelines mentioned in section 3.

SUBJECT OF THE CONTRACT. 1. The subject of the agreement comprises the specification of the terms and conditions according to which the Managing Authority shall transfer co-financing to perform the project and the Lead Partner shall perform the project in accordance with the Application Form and the Monitoring Committee’s decision. 2. In particular, the agreement shall specify the Parties’ rights and obligations referring to the implementation of the project in the scope of the way and conditions according to which the co- financing is transferred and following activities are performed: monitoring, requests of payment, transfer of co-financing, control and audit, information and promotion as well as project management. 3. During the project implementation and during its durability, the Lead Partner shall act in accordance with: 1) the EU law and domestic regulations binding on the Lead Partner, in particular: a. ETC Regulation; b. regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (OJ EU L 347, 20.12.2013, pp. 289-302); c. General Regulation; d. implementing Regulations of the European Commission which complement the General Regulation, ETC Regulation and the Regulation, referred to under letter 1(b); e. national regulations concerning personal data protectionCommission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ EU L 352/1, 24.12.2013); f. national Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ EU public procurement law.L 187/1, 26.6.2014), hereinafter referred to as “regulation 651/2014”; 2) current versions g. Regulation of programme documents, in particular: a. Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme the Minister of Infrastructure and Development of 20 October 2015 on granting de minimis aid and state aid under the European Territorial Cooperation programmes for 2014-2020 approved by the Decision (Journal of the European Commission No CCI 2014TC16RFCB013 dated 23.09.2015; b. Programme ManualLaws pos. 1760, posted on the programme website; 3) national and EU principles and guidelinesof 02.11.2015, in particular: a. Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ C 179, 01.08.2006as amended); b. a document issued by the European Commission, concerning the determination of financial corrections. 4. The Lead Partner states that it has familiarised itself with the aforementioned documents, it acknowledges the way of presenting it the amendments of these documents as well as it acknowledges that the implementation of the project started before the conclusion of this agreement shall constitute the subject of verification mentioned in § 9 and 10 of this agreement. 5. The Lead Partner confirms the truthfulness of the data included in the agreement and Appendices constituting its integral part. 6. The Lead Partner shall provide that all Partners shall be obliged to adhere to the binding provisions of the European and national law, the current programme documents and the national and European rules and guidelines mentioned in section 3.

SUBJECT OF THE CONTRACT. 1. The subject This agreement provides for principles and procedures of cooperation as well as mutual obligations of the Parties for the purpose of implementing the Project ………[project title and number] under the Programme. Moreover, this agreement comprises provides for requirements relating to correct management by the specification Parties of co-financing allocated for the project implementation, as well as for terms and conditions according to which the Managing Authority shall transfer co-financing to perform the project and concerning recovery by the Lead Partner shall perform the project in accordance with the Application Form and the Monitoring Committee’s decision. 2. In particular, the agreement shall specify the Parties’ rights and obligations referring to the implementation of the project in the scope of the way and conditions according to which the co- financing is transferred and following activities are performed: monitoring, requests of payment, transfer of co-financing, control and audit, information and promotion as well as project management. 3xxxxxx spent amounts. During the project implementation and during its durabilitydurability period, the Lead Partner and the Partner shall act in accordance with: 1) : the EU law and domestic regulations binding on the Lead Partner, in particular: a. : ETC Regulation; b. regulation ; Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment investment for growth and jobs goal and repealing Regulation (EC) No No. 1080/2006 (OJ EU L 347, 20.12.2013, pp. 289-302); c. ; General Regulation; d. ; implementing Regulations of the European Commission which complement the General Regulation, ETC Regulation and the Regulation, referred to under letter 1(b(b); e. ; national regulations concerning personal data protection; f. ; national and EU public procurement law. 2) ; [(for state aid projects:) state aid regulations]. current versions of programme documents, in particular: a. : the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved by the Decision of the European Commission No CCI 2014TC16RFCB013 dated 23.09.2015; b. 2015.09.23; Programme Manual, posted on the programme Programme website; 3) ; national and EU principles and guidelines, in particular: a. : Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ C 179, 01.08.2006); b. ; a document issued by the European Commission, concerning the determination of financial corrections. 4. The Lead ; as well as: for projects approved for funding [ jointly submitted ] Application Form under the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved for funding; [for project not approved for funding ] Application Form submitted jointly under the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020; ………………….. Partner states declare, that it has familiarised itself with read the aforementioned documents, it acknowledges documents listed above and has acknowledged the way of presenting it in which any amendments to the amendments of these documents as well as it acknowledges that the implementation of the project started before the conclusion of this agreement shall constitute the subject of verification mentioned in § 9 and 10 of this agreement. 5. The Lead Partner confirms the truthfulness of the data included in the agreement and Appendices constituting its integral part. 6. The Lead Partner shall provide that all Partners shall be obliged made available to adhere to the binding provisions of the European and national law, the current programme documents and the national and European rules and guidelines mentioned in section 3it/them.

SUBJECT OF THE CONTRACT. 1. The subject This agreement provides for principles and procedures of cooperation as well as mutual obligations of the Parties for the purpose of implementing the project ………[project title and number] under the Programme. Moreover, this agreement comprises provides for requirements relating to correct management by the specification Parties of co-financing allocated for the project implementation, as well as for terms and conditions according to which the Managing Authority shall transfer co-financing to perform the project and concerning recovery by the Lead Partner shall perform the project in accordance with the Application Form and the Monitoring Committee’s decision. 2. In particular, the agreement shall specify the Parties’ rights and obligations referring to the implementation of the project in the scope of the way and conditions according to which the co- financing is transferred and following activities are performed: monitoring, requests of payment, transfer of co-financing, control and audit, information and promotion as well as project management. 3xxxxxx spent amounts. During the project implementation and during its durabilitydurability period, the Lead Partner and the Partner shall act in accordance with: 1) : the EU law and domestic regulations binding on the Lead Partner, in particular: a. : ETC Regulation; b. regulation ; Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (OJ EU L 347, 20.12.2013, pp. 289-302); c. ; General Regulation; d. ; implementing Regulations of the European Commission which complement the General Regulation, ETC Regulation and the Regulation, referred to under letter 1(b(b); e. ; national regulations concerning personal data protection; f. ; national and EU public procurement law. 2) ; [(for state aid projects:) state aid regulations]. current versions of programme documents, in particular: a. : the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved by the Decision of the European Commission No CCI 2014TC16RFCB013 dated 23.09.2015; b. ; Programme Manual, posted on the programme Programme website; 3) ; national and EU principles and guidelines, in particular: a. : Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ C 179, 01.08.2006); b. ; a document issued by the European Commission, concerning the determination of financial corrections. 4. The Lead Partner states that it has familiarised itself with the aforementioned documents, it acknowledges the way of presenting it the amendments of these documents ; as well as it acknowledges that as: for projects approved for funding [ jointly submitted ] Application Form under the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved for funding; [for project not approved for funding ] Application Form submitted jointly under the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020; Subsidy Contract no ………………….. concerning the implementation of the project started before [project title] ………………….. in accordance with the conclusion of this agreement shall constitute the subject of verification mentioned in § 9 and 10 of this agreement. 5. The Lead Partner confirms the truthfulness Decision of the data included Monitoring Committee of [yyyy.mm.dd] …………………..; ………………….. The Partner declares to have read the documents listed above and to have acknowledged the way in which any amendments to the agreement and Appendices constituting its integral part. 6. The Lead Partner shall provide that all Partners documents shall be obliged to adhere made available to the binding provisions of the European and national law, the current programme documents and the national and European rules and guidelines mentioned in section 3partner.

SUBJECT OF THE CONTRACT. 1. The subject This agreement provides for principles and procedures of cooperation as well as mutual obligations of the Parties for the purpose of implementing the Project ………[project title and number] under the Programme. Moreover, this agreement comprises provides for requirements relating to correct management by the specification Parties of co-financing allocated for the project implementation, as well as for terms and conditions according to which the Managing Authority shall transfer co-financing to perform the project and concerning recovery by the Lead Partner shall perform the project in accordance with the Application Form and the Monitoring Committee’s decision. 2. In particular, the agreement shall specify the Parties’ rights and obligations referring to the implementation of the project in the scope of the way and conditions according to which the co- financing is transferred and following activities are performed: monitoring, requests of payment, transfer of co-financing, control and audit, information and promotion as well as project management. 3xxxxxx spent amounts. During the project implementation and during its durabilitydurability period, the Lead Partner and the Partner shall act in accordance with: 1) : the EU law and domestic regulations binding on the Lead Partner, in particular: a. : ETC Regulation; b. regulation ; Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment investment for growth and jobs goal and repealing Regulation (EC) No No. 1080/2006 (OJ EU L 347, 20.12.2013, pp. 289-302); c. ; General Regulation; d. ; implementing Regulations of the European Commission which complement the General Regulation, ETC Regulation and the Regulation, referred to under letter 1(b); e. section 1 point b; national regulations concerning personal data protection; f. ; national and EU public procurement law. 2) ; [(for state aid projects:) state aid regulations]. current versions of programme documents, in particular: a. : the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved by the Decision of the European Commission No CCI 2014TC16RFCB013 dated 23.09.2015; b. 2015.09.23; Programme Manual, posted on the programme Programme website; 3) ; national and EU principles and guidelines, in particular: a. : Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ C 179, 01.08.2006); b. ; a document issued by the European Commission, concerning the determination of financial corrections. 4. The Lead ; as well as: for projects approved for funding [ jointly submitted ] Application Form under the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved for funding; [for project not approved for funding ] Application Form submitted jointly under the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020; ………………….. Partner states declare, that it has familiarised itself with read the aforementioned documents, it acknowledges documents listed above and has acknowledged the way of presenting it in which any amendments to the amendments of these documents as well as it acknowledges that the implementation of the project started before the conclusion of this agreement shall constitute the subject of verification mentioned in § 9 and 10 of this agreement. 5. The Lead Partner confirms the truthfulness of the data included in the agreement and Appendices constituting its integral part. 6. The Lead Partner shall provide that all Partners shall be obliged made available to adhere to the binding provisions of the European and national law, the current programme documents and the national and European rules and guidelines mentioned in section 3it/them.

SUBJECT OF THE CONTRACT. 1. The subject Subject of the agreement comprises the specification of the terms and conditions according to which the Managing Authority shall transfer co-financing to perform the project and the Lead Partner shall perform the project in accordance with the Application Form and the Monitoring Committee’s decision. 2. In particular, the agreement shall specify the Parties’ rights and obligations referring to the implementation of the project in the scope of the way and conditions according to which the co- financing is transferred and following activities are performed: monitoring, requests of payment, transfer of co-financing, control and audit, information and promotion as well as project management. 3. During the project implementation and during its durability, the Lead Partner shall act in accordance with: 1) the EU law and domestic regulations binding on the Lead Partner, in particular: a. ETC Regulation; b. regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (OJ EU L 347, 20.12.2013, pp. p. 289-302); c. General Regulation; d. implementing Regulations of the European Commission which complement the General Regulation, ETC Regulation and the Regulation, referred to under letter 1(b); e. Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of European Union to the de minimis aid (OJ EU L 352/1, 24.12.2013); f. Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ EU L 187/1, 26.6.2014), hereinafter referred to as “regulation 651/2014”; g. Regulation of the Minister of Infrastructure and Development of 20 October 2015 on granting de minimis aid and state aid under the European Territorial Cooperation programmes for 2014-2020 (Journal of Laws pos. 1760, of 02.11.2015); h. national regulations concerning personal data protection; f. i. national and EU public procurement law. 2) current versions of programme documents, in particular: a. Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved by the Decision of the European Commission No CCI 2014TC16RFCB013 dated 23.09.2015; b. Programme Manual, posted on the programme Programme website; 3) national and EU principles and guidelines, in particular: a. Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ C 179, 01.08.2006); b. a document issued by the European Commission, concerning the determination of financial corrections. 4. The Lead Partner states that it he has familiarised itself himself with the aforementioned documents, it he acknowledges the way of presenting it him the amendments of these documents as well as it he acknowledges that the implementation of the project started before the conclusion of this agreement shall constitute the subject of verification mentioned in § 9 and 10 of this agreement. 5. The Lead Partner confirms the truthfulness of the data included in the agreement and Appendices constituting its integral part. 6. The Lead Partner shall provide that all Partners shall be obliged to adhere to the binding provisions of the European and national law, the current programme documents and the national and European rules and guidelines mentioned in section 3. 7. The agreement provides for a possibility of granting de minimis aid or state aid by the Lead Partner. In the Partnership Agreement, the Lead Partner can formally transfer the rights and obligations related to granting de minimis aid or state aid to a Partner, and this Partner – to another entity. However, it is the Lead Partner who remains obligated to ensure such provisions in the Partnership Agreement that will guarantee the correctness of granting aid. 8. In the case of occurrence of state aid in the project, the obligation of transparency referred to in Article 9 of regulation 651/2014 shall be fulfilled in a Member State relevant for the seat of Managing Authority. 9. In the case of occurrence of de minimis aid or state aid in the project, to monitor, inform, including issuing certificates - and to report on granting aid or informing of not granting of aid, the legal provisions of a Member State relevant for the seat of the Managing Authority shall be applied. 10. In order to allow the performance of rights and obligations related to granting de minimis aid or state aid, the Managing Authority transfers the reference number of the aid programme, i.e. SA. 43636(2015/X).

SUBJECT OF THE CONTRACT. 1. The subject This agreement provides for principles and procedures of cooperation as well as mutual obligations of the Parties for the purpose of implementing the project ………[project title and number] under the Programme. Moreover, this agreement comprises provides for requirements relating to correct management by the specification Parties of co-financing allocated for the project implementation, as well as for terms and conditions according to which the Managing Authority shall transfer co-financing to perform the project and concerning recovery by the Lead Partner shall perform the project in accordance with the Application Form and the Monitoring Committee’s decision. 2. In particular, the agreement shall specify the Parties’ rights and obligations referring to the implementation of the project in the scope of the way and conditions according to which the co- financing is transferred and following activities are performed: monitoring, requests of payment, transfer of co-financing, control and audit, information and promotion as well as project management. 3unduly spent amounts. During the project implementation and during its durabilitydurability period, the Lead Partner and the Partner shall act in accordance with: 1) : the EU law and domestic regulations binding on the Lead Partner, in particular: a. : ETC Regulation; b. regulation ; Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund and on specific provisions concerning the Investment investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (OJ EU L 347, 20.12.2013, pp. 289-302, as amended); c. ; General Regulation; d. ; implementing Regulations of the European Commission which complement the General Regulation, ETC Regulation and the Regulation, referred to under letter 1(b); e. ; national regulations concerning personal data protection; f. ; national and EU public procurement law. 2) ; current versions of programme documents, in particular: a. Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved by : the Decision of the European Commission No CCI 2014TC16RFCB013 dated 23.09.2015; b. Programme; Programme Manual, posted on the programme Programme website; 3) ; national and EU principles and guidelines, in particular: a. : Commission interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ C 179, 01.08.2006); b. ; a document issued by the European Commission, concerning the determination of financial corrections. 4. The Lead Partner states that it has familiarised itself with the aforementioned documents, it acknowledges the way of presenting it the amendments of these documents ; as well as it acknowledges that as: for projects approved for funding [ jointly submitted ] Application Form under the Interreg V-A Poland – Denmark – Germany – Lithuania – Sweden (South Baltic) Programme 2014-2020 approved for funding; Subsidy Contract no ………………….. concerning the implementation of the project started before [project title] ………………….. in accordance with the conclusion of this agreement shall constitute the subject of verification mentioned in § 9 and 10 of this agreement. 5. The Lead Partner confirms the truthfulness Decision of the data included Monitoring Committee of [yyyy.mm.dd] …………………..; ………………….. The Partner declares to have read the documents listed in section 3 and acknowledges the agreement and Appendices constituting its integral part. 6. The Lead Partner shall provide that all Partners way in which any amendments to the documents shall be obliged to adhere made available to the binding provisions of the European and national law, the current programme documents and the national and European rules and guidelines mentioned in section 3partner.