CONTRACT BETWEEN EUROPEAN --- PRAZE PROJECT
CONTRACT N deg. ERK6-CT-1999-00013
The European Community ("the Community") represented by the Commission of
the European Communities ("the Commission"), itself represented in view of
the signature of this contract by Mr ROUTTI JORMA, Director-General for
RESEARCH DG or his duly authorised representative,
of the one part
and
- PML Flightlink Ltd. (PML) ("the coordinator"), established in
Oakhanger Road, Bordon Xxxxxxx Xxxxxx, XX00 0XX Xxxxxx - Xxxxxxxxx - Xxxxxx
Xxxxxxx, represented by its legal/statutory/authorized representative(s),
Xx XXXXXXX, Company Secretary,
- Peugeot Motocycles S.A. (PMTC.DRD), established in Mandeure,
25706 Valentigney, CEDEX - France, represented by its
legal/statutory/authorized representative(s), Mr FOUROT, Managing Director.
- Laboratoires SORAPEC sa (SORAPEC), established in Xxx Xxxxxx 000,
00000 XXXXXXXX- SOUS-BOIS > France, represented by its
legal/statutory/authorized representative(s), Xx XXXXXXX, President.
- Vrije Universiteit Brussel (VUB.FTW), established in Xxxxxxxxx 0,
0000 XXXXXXXXX Xxxxxxx, represented bu its legal/statutory/authorized
representative(s), Xx Xxxxx, Xxxxxx.
- Citelec (CITELEC), established in Xxxxxxxxx 0, 0000 XXXXXXXXX -
Belgium,represented by its legal/statutory/authorized representative(s), Xx
XXXXXX, President.
(collectively "the principal contractors"),
of the other part,
(collectively "the contracting parties')
HAVE AGREED to a project called "Personal zero emission transport for the
city of the future ('PRAZE')" to be carried out in the framework of the
specific research and technological development programme "Energy,
Environment and Sustainable Development" (the "specific programme")
according to the following provisions.
ARTICLE 1 - SCOPE
The contractors shall carry out the work set out in Annex I to this
contract up to the milestone specified in Annex I ("the project") in
accordance with the conditions set out in this contract.
Subject to cases of force majeure, the principal contractors shall use
reasonable endeavours to achieve the results aimed at by the project and
shall carry it out jointly and severally vis-a-vis the Community. The
assistant contractors shall use reasonable endeavours to carry out the part
of the project specifically assigned to them.
ARTICLE 2 -- DURATION
1. The duration of the project shall be 36 months from the first day of
the month after the last signature of the contracting parties.
2. This contract shall enter into force following its signature by all
the contracting parties.
This contract shall be completed on the date of the final payment of the
Community's financial contribution. However,
- Articles 5, 6 and 8 of this contract,
- Article 2(1), first subparagraph, points (a), (d), (e) and (f),
Article 2(2) (c), (d), (h) and (j), Article 3(4) and (5), Article 4(5),
Article 6, Articles 9 to 21 and Articles 25, 26 and 28 of Annex II to this
contract shall continue to apply after that date to the extent of any
limitations specified in those Articles.
ARTICLE 3 - ESTIMATED COSTS AND MAXIMUM FINANCIAL CONTRIBUTION OF THE
COMMUNITY
1. The total estimated eligible costs of the project are EUR 1,903,366
(one million nine hundred and three thousand three hundred and sixty-six
euros).
2. The Community shall fund the eligible costs of the project in
accordance with the table of the indicative breakdown of the estimated
eligible costs which follows the signatures to this contract up to a
maximum of EUR 998,483 (nine hundred and ninety-eight thousand four hundred
and eighty-three euros).
3. The Community's financial contribution to the project shall be paid as
specified in Article 3 of Annex II to this contract to the coordinator's
following bank account:
Royal Bank of Scotland
PMLFLI-XXXX,
P.0. Box 450
0-00 Xxxxx Xxxxx Xxxxxx
Xxxxxx XX0X 0XX
XXXXXX XXXXXXX
SORT 16-04-00
The initial advance for the project is fixed at EUR 298,724 (two hundred
arid ninety-eight thousand seven hundred and twenty-four euros), It is
distributed among the contractors in accordance with the indications laid
down in the table of the indicative breakdown of the estimated eligible costs.
The total amount of the initial advance and the periodic payments shall not
exceed the maximum amount of the Community's financial contribution
referred to in paragraph 2 of this Article, less a guarantee retention. The
guarantee retention shall be 15% of the maximum amount of that
contribution.
ARTICLE 4 - PROJECT DELIVERABLES AND SUMMARY STATEMENTS OF AMOUNTS
TRANSFERRED BY THE COORDINATOR TO BE SUBMITTED TO THE COMMISSION
1. 3 copies of the reports axed 2 copies of the cost statements required
under this contract shall be submitted by the coordinator in accordance
with Article 4 of Annex II to this contract. The reports shall be in
ENGLISH.
Annex I shall determine the number of copies and the language of drafting
of the other project deliverables.
2. The periodic and final reports, the corresponding cost statements,
including each integrated cost statement, as well as each summary statement
of amounts transferred to the contractors by the coordinator shall cover
successive periods of 12 months from the project commencement date.
Where the work is completed before the end of the duration of the project,
the final report(s) and the corresponding cost statements, including the
integrated cost statement, as well as the summary statement of amounts
transferred to the contractors by the coordinator shall cover the period
ending on such date.
However, and without prejudice to the first or second subparagraphs of this
paragraph, the last cost statement of the coordinator- and integrated cost
statement shall also cover the period necessary for the drafting of the
final report(s) within the maximum time limit o f two months as of the end
of the duration of the project.
The other project deliverables, except the technological implementation
plan, shall cover the periods set out in Annex I to this contract.
The technological implementation plan shall cover the results of work
performed within the duration of the project or until the work is completed
if such completion occurs at an earlier date.
ARTICLE 5 - APPLICABLE LAW AND JURISDICTION
1. The law of Belgium shall govern this contract.
2. The Court of First Instance of the European Communities and, in the
case of an appeal, the Court of Justice of the European Communities shall
have sole jurisdiction to hear any disputes between the Community, on the
one hand, and the contractors, on the other hand, as regards the validity,
the application or any interpretation of this contract.
ARTICLE 6 - SPECIAL CONDITIONS
The following special conditions apply to this contract:
1. For the purpose of this contract, Associated States are Bulgaria, the
Czech Republic, the Republic of Cyprus, Estonia, Hungary, Iceland, Israel,
Latvia, Liechtenstein, Lithuania, Norway, Poland, Romania, Slovakia and
Slovenia.
Subject to its final conclusion, the Association Agreement signed with the
Swiss Confederation is expected to enter into force on the 01.01.2001.
2. The costs of protection of the knowledge and of measures to
demonstrate the potential for exploitation of the knowledge shall also
exclude the costs of creating and marketing a product and process and the
costs of creating and providing a service.
3. Where the eligible costs of the project are lower than the total
estimated eligible costs of the project, the financial contribution from
the Community shall be limited to the sum calculated by application of the
rates of financial participation set in the table of indicative breakdown
of the estimated eligible costs which follows the signatures to this
contract.
ARTICLE 7 - AMENDMENTS
This contract, including the annexes thereto, may be modified only in
writing, by way of an amendment between the authorised representatives of
the contracting parties. No verbal agreement may be binding on the
contracting parties for this purpose.
Any request for amendment must be received by the Commission at least two
months before the expiry of the duration of the project.
ARTICLE 8 - FINAL PROVISIONS
1. The following annexes are an integral part of this contract:
Annex I - Description of Nvork
Annex II - General conditions
2. In the event of any conflict between Annex I and any other provision
of this contract, the latter shall take precedence,
3. The special conditions set out in Article 6 of this contract shall
take precedence aver any other provisions.
ARTICLE 9 - SIGNATURE AND LANGUAGE OF THE CONTRACT
2 copies of the contract in ENGLISH shall be signed by the contracting
parties and only that language version shall be authentic.
Done at Brussels,
On behalf of PML Flightlink Ltd. (PML):
Name: (written in full) ____________________________________
Title: ____________________________________
Signature: ____________________________________
(stamp of organization)
On behalf of the Commission:
Name (written in full) ____________________________________
Title: ____________________________________
Signature: ____________________________________
Date: ____________________________________
Done at Brussels,
On behalf of Peugeot Motocycles S.A. (PMTC.DRD):
Name: (written in full) ____________________________________
Title: ____________________________________
Signature: ____________________________________
(stamp of organization)
On behalf of Laboratoires SORAPEC sa (SORAPEC):
Name (written in full) ____________________________________
Title: ____________________________________
Signature: ____________________________________
(stamp of the organization)
