ZÁKLADNÉ INFORMÁCIE O ZMLUVE
Príloha č. 4
ZÁKLADNÉ INFORMÁCIE O ZMLUVE
UZAVRETEJ PODĽA INÉHO AKO SLOVENSKÉHO PRÁVNEHO PORIADKU1
1. Rozhodné právo:
2. Zmluvné strany:
2.1 ..HZDR Innovation GmbH..................................................................
názov/obchodné meno
..Butzner Landstraβe 400, 01328 Dresden, Nemecko....................
sídlo/štát
................................................................................................
IČO/registrácia
2.2 Slovenská technická univerzita v Bratislave,
Materiálovotechnologická fakulta v Trnave
názov/obchodné meno
X. Xxxxx 25/8857, 91724 Trnava .............................
sídlo/štát
IČO: ................................................
IČO/registrácia
3. Typ zmluvy: Zmluva o využití ionového laboratória – Zmluvný výskum
4. Predmet zmluvy: Contract for use of beam time and research activities fostering at the Ion Beam Centre at STU
5. Cena: 136€/hodina využitia
6. Doba zmluvy: 21 1.2020 – 31.12.2029
7. Záručná doba:
7.1 je dohodnutá na dobu .....................................................................
7.2 nie je dohodnutá
8. Zmluva vyhotovená v ...anglickom............................ jazyku je
neoddeliteľnou súčasťou tejto informácie a nasleduje za jej textom. V ......Trnave.......................... dňa ......21.1.2020......................
1 § 853 ods. 3 Občianskeho zákonníka, § 771c Obchodného zákonníka
Contract
for use of beam time and research activities fostering at the Ion Beam Centre at Slovak University of Technology in Bratislava
between
Slovak University of Technology in Bratislava (STU) Faculty of Materials Science and Technology in Trnava (MTF)
Xxxx Xxxxx 25/8857 917 24 Trnava Slovak Republic
Represented by the xxxx
- hereinafter referred to as “STU” -
and
HZDR Innovation GmbH
Xxxxxxxx Xxxxxxxxxx 000, 00000 Xxxxxxx Xxxxxxx
Represented by the Managing Director
- hereinafter referred to as “HZDRI” –
- referred to collectively as the “Parties” -
Preamble
STU carries out research in all the areas in which university education is provided. For this purpose, STU operates various large-scale scientific units and some of them are also utilised by third parties as user facilities. The Ion Beam Centre at STU is a competence centre for the application of ion beams in material and interdisciplinary research. Ion beams (fast-moving charged atoms) can be used to modify and analyse solid surfaces. In addition, the Ion Beam Centre operates a six- megavolt tandem ion accelerator including associated ion sources, beam guidance components up to the switching magnet and management and control systems. STU is interested in working intensively and over the long term with HZDRI, seeking with it to collaborate more intensively with industry, generate third-party funding and to make better use of the capacities at STU’s facilities.
HZDRI is a provider of commercial ion implantation services and ion beam analysis. It wishes to reserve beam time and utilise areas within STU’s ion beam centre. In concluding an agreement with STU on promised capacity at the site and its scope of use, HZDRI will make extensive investments in order to be able to provide ion implantation services based on the use of STU’s facilities.
On this basis, the Parties conclude the following Contract for beam time usage to lay down the rights, obligations and procedures for their cooperation. The Parties shall conclude a separate agreement for the provision and use of office and logistics space, exceeding what STU will provide in the scope hereof, for the installation of an ion implantation chamber and use of the ion beam for specific irradiation.
§ 1
Purpose of the Contract
(1) This Contract governs STU’s provision of beam time and HZDRI’s usage thereof, as well as entry and the use of access, sanitary and other areas HZDRI requires for the installation of its own system, the preparation and use of the ion beam and for post-processing.
§ 2
Obligations of STU
(1) STU warrants, as the operator of the ion beam centre (and in particular the six- megavolt tandem ion accelerator including associated ion sources, beam guidance components and control systems), the technical and legal operational readiness thereof for the provision and utilisation of beam times reserved by HZDRI, including proper maintenance and repair to ensure high operational capability. It undertakes to operate, activate and maintain the site and installations therein according to applicable technical and scientific rules and HZDRI’s own industrial specifications. STU shall also ensure the proper assembly and installation of devices and equipment, the carrying out of all required official inspections and the receipt of all approvals. STU furthermore warrants that no limitations or conditions put in place by a grant or funding authority for assembling the site would be violated by the provision of beam time to HZDRI, nor would the purpose of the Contract be thereby impaired. Any
claims by a grant or funding authority to the contrary shall be solely addressed and resolved by STU.
(2) STU and HZDRI shall regularly coordinate the scheduling and documentation of maintenance and monitoring of the facility and the planning and documentation for the availability of spare parts and consumables for quality assurance and operational safety purposes. STU will consistently comply with relevant agreements regarding the above mentioned scheduling and documentation and shall immediately communicate to HZDRI any foreseeable delays or failures.
(3) STU shall provide regulatory radiation protection and take appropriate action to review and comply with provisions of such regulations, and for this purpose will conclude a delimitation agreement with HZDRI. STU shall furthermore provide financial security for the operation of installations relevant for protection against radiation. It shall obtain the necessary operating authorisations provided under the Slovak Radiation Protection Act and ensure their renewal, in particular with respect to the following:
• Annual recurring inspections of the site and facilities in accordance with the Slovak Radiation Protection Act
• Applying for authorisations for the respectively intended purpose
• Applying for the necessary number of operating hours for individual accelerators
• Obtaining approval to operate new experimental and production sites, in particular for the utilisation of the ion implantation chambers to be provided by HZDRI
• Updating radiation protection instructions
• Providing measuring instruments and taking radiation protection measurements for the irradiated products prior to delivery, where STU will regularly issue the measurements up to four hours after they have been completed, although at latest by the beginning of the next shift
• Appointing an adequate number of qualified radiation protection officers.
(4) STU’s ion beam facilities shall be solely staffed by qualified operators employed or contracted by STU. It remains the employer or contractor whenever its specialists are called upon to provide beam time. STU will perform its contractual services with usual and reasonable care and according to generally accepted rules governing science and technology, rendering services according to HZDRI’s written requirements and specifications. The contact person at HZDRI shall be immediately informed at least by email if any of the requirements or specifications fails either to conform to technical, scientific or safety standards or to comply with the law.
(5) Both Parties will coordinate binding work instructions for STU’s specialists to follow whenever they render services. The work instructions shall also specify how to document the services to be rendered. XXX’x specialists will be instructed by HZDRI about how to proceed. STU shall have its specialists document their knowledge of the working instructions. XXX’x specialists will be trained by HZDRI instructors in courses necessary for the proper operation of the devices or installation according to HZDRI’s requirements. If costs are
incurred, the Parties shall agree on a case-by-case basis. As far as not agreed in a different way, STU will carry it’s own personal costs and HZDRI will carry additional costs (e.g. traveling etc.).
(6) STU is legally and financially entitled to provide beam time and areas within the agreed scope to HZDRI for HZDRI’s commercial services to third parties. STU undertakes at stipulated times to make the ion beam available at stipulated parameters and rates.
(7) STU shall forthwith communicate to HZDRI Innovation GmbH any failure to provide previously agreed beam times and/or considerable delays in the scheduling thereof.
(8) Should STU opt to modify devices or installations and the modification will or can have an impact on the service to be provided to HZDRI, then it should be coordinated between STU and HZDRI at least six (6) months in advance.
(9) STU agrees in principle to make technical changes to, and additions at, its installations at the request of HZDRI, provided they are technically possible, do not impair the capability to seek legal approval for radiation protection and do not restrict the scientific use of the installations. The Parties shall coordinate the financing of such changes and additions on a case-by-case basis. Realistic additional costs may be covered by STU from apportioning beam time rates or by HZDRI, taking the rates into account.
(10) STU shall provide space for the installation of equipment to be brought by HZDRI. STU will install and maintain the ion source as well as the beam guidance system to be provided by HZDRI, either by its own staff or by using third parties. STU’s costs thereby incurred shall be borne by STU and are compensated through the remuneration agreed herein.
(11) HZDRI’s representatives and agents shall be granted access to its installations and HZDRI shall be allowed to monitor STU’s progress at all times as far as not legaly restricted and based on prior notice.
(12) STU will conduct any required audits and necessary certifications or have them carried out at its request. It hereby agrees to external audits and inspections. Representatives from public authorities and technical experts shall be granted access to the installations at all times as far as not legaly restricted and based on prior notice. Staff costs related to preparation and post-processing, as well as audits and inspections conducted by or on behalf of STU, shall be borne by STU. HZDRI and STU shall agree on a case-by- case basis on any material and external service costs that are incurred.
§ 3
Obligations of HZDR Innovation GmbH
(1) HZDRI is obliged to only allow either its own adequately trained staff or staff contracted by HZDRI under its supervision to use the provided ion beam, where HZDRI possesses the necessary authorisations the Radiation Protection Ordinance requires. HZDRI shall –if legally necessary- appoint a radiation protection officer and at least one representative in compliance with the Slovak Radiation Protection Act, and apply for the relevant authorisation provided therein.
(2) HZDRI shall comply with STU’s rules and practices, especially with respect to radiation protection at all times in the facilities of STU, following any instructions to be given by STU's radiation protection officer. HZDRI undertakes to train staff deployed therein to comply with the technical instructions given by STU and to implement them.
(3) STU shall be forthwith informed whenever HZDRI is unable to utilise the agreed beam time. This requirement to communicate to STU shall also apply when HZDRI is unable to continue beam time usage because of technical or organisational issues.
(4) If STU installations need to be repaired because of a culpable act or omission by HZDRI, then HZDRI shall cover all reasonable costs related thereto.
(5) HZDRI shall provide an upgrade of the helium ion source, furnish an additional beam guidance system from the switching magnet and supply at least one implantation end station, including the associated clean room and an assembly clean room, subject to availability and funding. The provision of hardware shall be financed by HZDRI. HZDRI shall be responsible for the installation and maintenance of its implantation end station. The helium ion source upgrade shall become the property of STU after the charges provided in Art. 6(5) herein have been completely paid. All other installations provided by HZDRI shall remain permanently property of HZDRI.
(6) HZDRI shall provide the irradiation and examination material. It will render commercial ion implantation services on objects to be irradiated or objects to be provided by third parties, using the beam to be provided by STU and its own equipment that HZDRI will install at STU's facilities. HZDRI is responsible for the supply and delivery of the objects to be irradiated at STU’s facilities.
§ 4
XXX’x Professional Right to Issue Instructions
(1) As the operator of its installations, STU is ultimately responsible for all necessary decisions it makes with respect to their operation under the applicable authorisation, for all required action it takes and for the monitoring of action it has taken.
(2) In order for STU to decide and take action concerning the safety of the installations, it shall be solely vested with the right to issue technical directives and instructions covering all safety-related matters. Notwithstanding the direction right to the employees of HZDRI remains by HZDRI.
(3) STU’s professional right to issue instructions particularly cover the following points:
• Guarantees of protection against radiation
• Determination of installation and beam parameters relevant to safety and the modification thereof
• Determination of when beam usage starts and ends
(4) STU will at no time compromise the requested ion beam setup parameters or the irradiation time required by HZDRI unless either of them or both jeopardise the safe operation of the installations. It will advise HZDRI on required beam
parameters and the duration of irradiation, forthwith communicating to HZDRI in advance any necessary changes therein.
§ 5
Coordination
(1) The Parties agree to joint beam time usage, although in a sequential and coordinated manner and taking optimal operating procedures into account. In doing so, they shall consider each other’s needs and particularly STU’s pursuit of its own research activities.
(2) Each Party shall designate a responsible coordinator to make or be allowed to make decisions on the subject matter of the contract and, in particular, on beam time usage. The coordinators shall be the first point of contact for any emergencies and they shall initiate or arrange for necessary action to be taken therein. Coordination may be delegated to other persons employed or contracted by the Parties, with any such delegation to be forthwith announced to the other Party. Either the contact persons or the announced representative shall be reachable on working days between the hours of 8:00 am and 6:00 pm. Both Parties are obliged to give the other Party written notice within one week of any change in data about the coordinators and other relevant representatives. The Parties agree to appoint the following coordinators:
On behalf of STU (operational issues): Dr. Xxx. Xxxxx Xxxx E-Mail: xxxxx.xxxx@xxxxx.xx
Landline: x000 000 000 000
Mobile: x000 000 000 000
On behalf of STU (contractual issues): assoc. prof. Dr. Xxx. Xxxxxx Xxxxxxxxxx
E-Mail: xxxxxx.xxxxxxxxxx@xxxxx.xx
Landline: x000 000 000 000
Mobile: x000 000 000 000
On behalf of HZDRI: Mr Dr. Xxxxx Xxxxxxx E-Mail: x.xxxxxxxx@xxxxx.xx
Landline: xx00 (0) 000 000 0000
Mobile: xx00 (0) 000 0000000
(3) The Parties agree to usage times and beam parameters as follows:
a. The Parties shall agree in the fourth quarter of each year on the expected scope of use for the following year and on long-term planning. STU shall significantly expand its beam time capacities in response to HZDRI's
increased requirements, including the introduction of shift and weekend operation. STU warrants its ability and willingness to provide beam time usage at the annually agreed scope, documented in Annex 2 hereto.
b. HZDRI shall additionally provide STU with quarterly forecasts of its expected beam time usage, wherefrom STU will allocate the beam time. STU undertakes to make the desired beam time available to HZDRI and shall forthwith communicate to HZDRI if it is not possible to do so.
c. Details on HZDRI’s beam time usage shall be transmitted and agreed at latest one week beforehand, stating such user-relevant data as duration and ion type, in order for it to be coordinated between the Parties. HZDRI is permitted daily and on short notice to change beam time usage, if the beam time schedule allows it.
d. HZDRI will send STU every working day the exact beam property specifications for its individual orders.
(4) Should HZDRI’s beam time be terminated or interrupted due to a technical defect, the coordinators will promptly adjust the beam time, recording the end or interruption of beam time, as the case may be.
(5) The coordinator to be appointed by STU is responsible for recording HZDRI’s beam time usage. The record shall at all times include information about the user, date, usage time and the designated installation and it must be countersigned monthly by the coordinators from STU and HZDRI. The HZDRI coordinator shall prepare a summary of HZDRI’s beam time usage at the end of every quarter. The beam time usage summary, signed by both the STU and HZDRI coordinators, shall be the basis for STU to bill HZDRI in accordance with the provisions of Sec. 6.
§ 6
User Fees and Method of Payment
(1) The usage fee for beam time actually utilised is specified in Annex 1. Only beam time corresponding to the specifications and requirements transmitted by HZDRI according to §5 (3) will be charged. Beam time is charged by the minute. In addition to actual time spent utilising the beam, usage time also includes time required to prepare and post-process beam time usage. Usage time does not include time spent on training and instructing STU specialists. Time attributable to maintenance, upgrading or repairs shall not be included in usage time. Usage time spent for joint preparation and training of commercial implantation services based at the STU installations will be borne by STU and not charged to HZDRI. STU shall commence billing at the times and for the orders HZDRI will bill to its customers for commercial implantation services.
(2) HZDRI’s actual beam time usage, recorded pursuant to Sec. 5(5) hereof, shall be billed at the amount to be charged in accordance with Annex 1 hereto. Beam time will be billed to HZDRI at the end of each quarter. A tabular summary of actual usage time will be attached to each billing statement in order for it to be checked for correctness. Should no verifiable summary of rendered services be attached to the invoice or were HZDRI to dispute the
attached summary of services, STU will send to it a new, verifiable summary within two weeks of having become aware thereof. HZDRI shall be obliged to pay the amount on the invoice upon receipt of an indisputable, verifiable summary of services.
(3) The billed amount shall be remitted free of charge to the STU account stated on the invoice. The term for payment is thirty (30) days from receipt of a proper invoice, which includes the summary of the services rendered.
(4) The parties will agree each year on the usage fee and to adjust hourly rates, if necessary. Unless amicable arrangements to the contrary are made in pursuance of Sec. 2(5) herein, STU shall warrant the user charge specified in Annex 1 for a period of at least three years from the effective date of the Contract. Change in the duration of beam time usage, additional investments by STU with respect to the installations used or prices for system operation services shall be cause for subsequent adjustment of rates. STU shall disclose to HZDRI its calculation of prices. Should prices be changed after three years from the effective date of the Contract, the other Party hereto shall be notified of the change at least six months beforehand.
(5) The pre-financing amount paid by HZDRI plus a 10% surcharge for overhead and financing costs to upgrade the helium ion source, as provided in Art. 3 (5) hereof, will be set off against user fees to be charged by STU (25 € / hour). HZDRI retains title until the full pre-financing amount has been cleared. If the contract will be terminated before the full pre-financing amount has been cleared, HZDRI shall then decide, opting either to bill to STU the outstanding pre-financing amount, with payment due immediately, or to retain ownership of the helium ion source, dismantle it and reimburse to STU the amounts previously charged or set off against user fees.
§ 7
Confidentiality and Protection of Competition
(1) The Parties shall treat as confidential all information about STU and HZDRI either Party has made accessible to the other or which comes to their knowledge, and which is either marked as confidential, or has been indicated verbally or designated as such, and it has been registered as confidential, and neither Party shall make such information available to third parties without a written release from the disclosing Party. The obligation of confidentiality shall not apply to information known to the public or generally accessible, or which will have become known or generally accessible to the public either after the date when the Contract comes into force and effect or without any contribution or fault by the other Party. This requirement of confidentiality shall survive the termination hereof and remain in force and effect for five years thereafter.
(2) Confidential information shall only be made available to those staff who have been directly tasked with running the project, are already obliged not to disclose it and have specifically acknowledged the current confidentiality agreement.
(3) Information shall be used only for the purpose related to its disclosure. Neither Party shall use information disclosed by the other Party for its own purposes. It is forbidden in any way, except in cooperation between the Parties, either to
trace back or imitate information (in particular by observing, investigating, dismantling or testing through “reverse engineering”) or to have the information traced back or imitated by third parties, or for either Party to exploit it economically or to have third parties exploit it. Information made available to either Party shall only be copied to the extent necessary for realising the project and in accordance with its purpose.
(4) Appropriate measures shall be taken to protect confidential information against unauthorised access by third parties and confidential information shall be processed in compliance with statutory and contractual provisions governing data protection, including technical and organisational security measures (Art. 32 of the GDPR) which are appropriate to the current state of the art and must be constantly updated.
(5) The Parties undertake to comply with relevant laws governing data protection.
(6) STU undertakes during the term of the Contract and for five (5) years after the termination of the contractual relationship between the Parties not to entice away either itself or through a third party any entity which has been a customer of HZDRI when this Contract is terminated. This provision applies to customers whom HZDRI has billed for the provision of services for a period of up to two (2) years prior thereto. The term “enticing away” shall be construed to mean both the direct and indirect (via third parties) offering or selling of STU’s services.
(7) This obligation not to compete covers the sale of accelerator beam time for the purpose of commercial ion implantation and ion beam analysis.
(8) Upon the termination of the Contract, HZDRI will provide STU with a list of its customers pursuant to the fifth clause of this Article in order to specify the post-contractual non-compete obligation. HZDRI shall compensate STU for the imposition of the post-contractual non-competition obligation when the Contract is terminated, with the amount to be agreed by the Parties at the time thereof. The compensation to be paid shall take into account that HZDRI has enabled beam time to be utilised for commercial services during the term hereof. HZDRI may opt to waive the obligation not to compete. In this case, no compensation will be paid.
(9) STU shall pay appropriate liquidated damages for each culpable violation of the obligations agreed in this Article.
(10) STU shall be permitted to use the helium ion source to be provided by HZDRI until the complete settlement of the pre-financed amount provided in Art. 3 (5) and ownership has been transferred only in the scope of the types of use expressly agreed in writing by HZDRI and to STU’s own scientific purposes. The use of all other components and installations provided by HZDRI outside of HZDRI’s beam time is prohibited without the express written consent of HZDRI.
(11) Both Parties will not entice away any employee of the other Party, without the consent of the other Party, for two (2) years after termination of this contract. Notwithstanding, both Parties are allowed to engage employees of the other Partys in secondary employment where legally possible, unless there are urgent reasons not to permit it.
§ 8
Liability
(1) The Parties shall be liable to each other for intentional or grossly negligent acts. In the event of gross negligence, liability shall be limited to foreseeable damages. The exemption from liability or limitation thereof provided in the first and second sentence of this Article shall not apply either to damage caused to life, limb or health or for damage caused by breach of cardinal obligations
– namely the infringement of essential contractual obligations – or to liability for warranted characteristics. Cardinal obligations are those duties whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely. Were cardinal obligations to be breached, liability for slight negligence shall be limited to foreseeable damages. The limitation of liability also applies to the Parties’ vicarious agents, employees and contracted third parties only to the extent permitted by law.
(2) Notwithstanding Art. 8 (1) the Parties shall only be liable for a damage caused by their employees due to slight negligence if an insurance policy has been taken out for this damage and only to the extent that the insurance policy covers this damage and to the extent the insurance provider settles the claim concerning this damage. Therefore both Parties are obliged to take out business and product liability insurance policies at their own expense. Both Parties shall provide each other with proof of the conclusion and maintenance of the insurance policy at any time by presenting the insurance policy.
(3) In particular, a violation of the exclusivity provision in Art. 7(3) shall be deemed intentional action.
(4) The following shall be particularly deemed gross negligence:
• Repeated failure by STU to provide qualified staff to at least for forty (40) hours a week operate the ion beam for HZDRI
• Repeated failure by STU to comply with its obligation to maintain the required installations for the provision of the ion beam in line with the manufacturer's recommendations, or to document them at least once a year, and to keep the corresponding spare parts in stock
• Repeated failure by STU to comply with work and process guidelines agreed by both Parties in writing
• Repeated damage caused by STU to wafers because of beam characteristics that fail to meet HZDRI requirements for ion energy, ion species, isotope mass and charge state
• Repeated disregard by HZDRI of STU’s explicit instructions about radiation protection
§ 9
Duration and Termination
(1) The Contract enters into force on the day of signature by both parties and expires on 31 December 2029. The Parties hereby declare the termination hereof in ten years is acceptable to both of them.
(2) The Contract shall be tacitly renewed for a further one-year term four years prior to its expiry unless notice of termination is agreed no later than four years and six months prior to the end of the term stipulated herein.
(3) In addition to the notice of termination provided in the second clause of this Article, the Parties are entitled to terminate the Contract without notice for good cause. Major causes for the termination hereof, where one of the Parties cannot be expected to continue honouring the Contract after taking into account all the circumstances surrounding the cause and weighing the interests of both Parties, are particularly the following:
• When the other party seriously violates an essential contractual obligation; and/or
• If either insolvency proceedings have commenced with respect to the assets of HZDR Innovation GmbH or commencement of proceedings has been declined due to lack of assets
(4) The parties agree, whenever there is a major cause for extraordinarily terminating the Contract or at the expiry of the term hereof, to grant beam time usage provided to third parties hereunder until the current contracts negotiated with them by HZDRI expire.
(5) Written notice of termination is required. If the Contract is terminated for cause in accordance with Sec. 9 (3) hereof, notice shall be given within six (6) weeks of having learned of the reason for terminating the Contract.
(6) All documents, files and other records provided by the Parties and copies thereof shall be returned when the Contract expires.
§ 10
Final Provisions
(1) Where fulfilment of contractual obligations of an affiliated partner requires approval because of national, European or international legislation or regulations governing foreign trade including embargos (and/or other sanctions), performance of the Contract is subject to approval granted by the competent authorities. If approval were not to be granted, there shall be no breach of contract or obligation on the part of the affiliate partner to enter it. The same shall apply if compliance with this agreement should be prohibited by virtue of the above provisions. Neither Party shall be liable for damages caused by delays or obstacles to performance with respect to national, European or international legislation or regulations governing trade including embargos (and/or other sanctions).
(2) Should any provision of this Contract be or become invalid, this shall not affect the validity of the remaining provisions herein. The Parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest as possible to the intentions of the parties and to what they would
have agreed in the spirit and purpose hereof if they had known of the invalidity or unenforceability of the provision in question when they concluded the Contract. The foregoing provision shall apply mutatis mutandis if there are loopholes found herein. In case the relevant legislation will change, then the agreement will be modified accordingly.
(3) No amendment or supplement to this Contract shall be effective or enforceable unless it is in writing.
(4) The Contract is executed in the English language. In the event of a dispute regarding the terms hereof, the English version shall prevail. All invoices and documents relevant to this Contract, and in particular any work instructions, shall be prepared in English. The Parties shall communicate with each other in English, but may upon mutual agreement also communicate in German.
(5) The Parties declare with their handwritten signatures hereupon that they have received a written copy of the Contract including all annexes hereto.
(6) This Contract and the interpretation hereof are governed by the law of the European Union, and in particular by Regulation (EC) No. 593/2008, on the law applicable to contractual obligations (Rome I).
Bratislava,
Slovak University of Technology in Bratislava (STU)
prof. Xxx. Xxxxx Xxxxxx, CSc.
Dresden,
HZDR Innovation GmbH
Dr. Xxxxx Xxxx Dr. Xxxxx Xxxxxxx
Managing Director Director of Ion Technology Authorised Representative
Annexes
Annex 1 – Charges for use of available beam time Annex 2 – Annually agreed scope of use
Annex 1: Charges for use of available beam time
As at 1 November 2019
The hourly fee detailed below will be charged for beam usage:
€ 136 per hour
In addition to STU system costs (in particular, depreciation and energy costs) and costs for land use and energy consumption for HZDRI plant and HZDRI logistics, the charge for beam time includes attributable costs for staff operating the accelerator and for STU to supply a radiation protection officer.
Times of actual usage by HZDRI are billed, taking into account the following “correction rule” and the maximum times listed in the table below.
STU guarantees –after the installation of the ion source upgrade - the provision of the following minimum ion beam current, if required by HZDRI for processing the wafers, comprising output from the six-megavolt (6 MV) tandem accelerator:
4He2+ at an ion energy range from 500 keV to 18 MeV: 3.3 µA
1H1+ at an ion energy range from 500 keV to 12 MeV: 6.0 µA
If minimum ion beam currents are not made available, usage time will be transparently reduced in the billing by the increased process time and by time required for resetting that may occur several times as a result.
Maximum times for the following services are agreed:
Starting and adjusting the ion accelerator including adjustment of the ion beam until the end of the process | 1.000 hour |
Changing ion energy while the accelerator is operating including adjustment of the ion beam until the end of the process | 0.166 hours |
Changing the ion type while the accelerator is operating including adjustment of the ion beam until the end of the process | 0.750 hours |
Decelerating the accelerator | 0.500 hours |
Annex 2: Annually agreed scope of use
-As at September 2019-
In accordance with the provisions of Article 5(3) herein, the Parties agree to the expected future scope of use outlined below:
From the beginning of 2020 until the end of 2023: 9.550 hours. These will be delivered in a two or three shift system.
Amount of agreed hours can be modified based on the demand from client.