PARTNERSHIP AGREEMENT BETWEEN THE BENEFICIARY AND THE PARTNERSHIP

Transcription

1 PARTNERSHIP AGREEMENT BETWEEN THE BENEFICIARY AND THE PARTNERSHIP Project FLCregio Future Classroom Lab Regional Network AGREEMENT No IT02-KA CUP CODE C62C The present Agreement, drawn up under the Community ERASMUS+ programme, governs the relationship between: Provincia Autonoma di Trento (PAT) - Dipartimento della Conoscenza Servizio Istruzione e formazione secondo grado, università e ricerca (Knowledge Department Secondary School, University and Research Unit), whose registered offices are at Via Gilli 3, 38121Trento, Italy represented by Ms Laura Pedron, Head of Unit hereinafter the Beneficiary and 1

2 Generalitat de Catalunya, Departament d Ensenyament Generalitat de Catalunya whose registered offices are at Via Augusta, , Barcelona, Spain represented by Mr Jordi Baldrich Roselló hereinafter the Partner, collectively the parties. The parties hereby agree as follows: Article 1 Scope of the Partnership Agreement 1. Within the ERASMUS+ programme, the Beneficiary and the Partner undertake to carry out the project and work programme as set out in the present Partnership Agreement. This Partnership Agreement is subject to all the conditions of the Grant Agreement No IT02-KA (CUP CODE C62C ) concluded between the Beneficiary and the Agenzia Nazionale Erasmus Plus Indire as the national Erasmus+ agency (hereinafter the Agency ) relating to the project entitled Future Classroom Lab Regional Network (FCLregio), Project No IT02-KA The total budget of the project for the contractual period covered by Grant Agreement No IT02-KA (CUP CODE C62C ), all financing combined, is estimated at ,00 EUR. 3. The final financial contribution shall depend on the evaluation of the quality of the results of the project n IT02-KA according to the rules laid down at Community level, particularly in the Annex III, but shall, under no circumstances, give rise to a profit. 4. The present Partnership Agreement governs the relations between the Beneficiary and the Partner as well as their respective rights and obligations with regard to their participation in the project. 2

3 5. The scope of the present Partnership Agreement and the project relating to it are set out in detail in the annexes, which form an integral part of this Partnership Agreement and which each party declares to have read and approved. Article 2 Duration 1. The present Partnership Agreement shall come into effect not before 01/09/2015 for a period of 36 months and shall end 31/08/2018 at the latest, both included. 2. This contract enters into force on the date of signature by the last of both participating parties to the contract. 3. The period of eligibility of the costs starts on 01/09/2015 and finishes on 31/08/2018 at the latest. Article 3 Obligations of the Beneficiary The Beneficiary undertakes: 1. to make the necessary arrangements for the preparation, coordination, execution and smooth running of the project and its work programme, which is the subject of the present Partnership Agreement, in accordance with the aims of the project as set out in the Grant Agreement No IT02-KA signed between the Agency and the Beneficiary; 2. to provide the Partner with copies of the official documents relating to the project, such as the Grant Agreement between the Beneficiary and the Agency as well as the various reports; 3. to inform the Partner of any modifications made to Grant Agreement No IT02-KA (CUP CODE C62C ); 4. to define, together with the Partner, the roles, rights and obligations of both parties, including those relating to the allocation of intellectual property rights; 5. to comply with all the provisions of Grant Agreement No IT02-KA binding the Beneficiary to the Agency. 3

4 Article 4 Obligations of the Partner The Partner undertakes: 1. to make the necessary arrangements for the execution and smooth running of the project and its work programme, which is the subject of the present Partnership Agreement, in accordance with the aims of the project as set out in the Grant Agreement No IT02-KA and its annexes, signed between the Agency and the Beneficiary; 2. to comply with all the provisions of the Grant Agreement No IT02-KA between the Beneficiary and the Agency; 3. to provide the Beneficiary with any information or document it may require and which are necessary for the administration of the project and reporting to the Agency; 4. to accept responsibility for all information communicated to the Beneficiary, including details of costs claimed and, where appropriate, ineligible expenses; 5. to define, together with the Beneficiary, the roles, rights and obligations of both parties, including those relating to the allocation of intellectual property rights; 6. to actively participate in the project related communication through the defined channels of information provided by the Beneficiary; 7. to comply with the provisions of the article I.14 of the Grant Agreement in the case of payment of a financial individual support to the participants. Article 5 Financing and Co-financing 1. The maximum grant of the co-beneficiary for the period covered by this contract is estimated at ,00 EUR. The co-beneficiary s detailed budget is described in the annexes to this contract (Annex a). 4

5 Article 6 Payments 1. The Beneficiary undertakes to make payments under this Partnership Agreement to the Partner in line with the following schedule and payments forecast by the Grant Agreement No IT02-KA : a. 40% (amounting to ,60 EUR) of the financed amount after the receiving of prefinancing funds from the Agency and within 30 days after the receiving of the signed Partnership Agreement; b. 40 % (amounting to ,60 EUR) of the financed amount within 30 days after receiving the second part of the financing amount from the Agency, provided it is proved that the Partner has used up at least 70% of the pre-financed amount and that agreed outcomes are completed as foreseen in the work programme. If the used up part of the pre-financed amount is less than 70%, the second payment will be reduced of the difference between the threshold of 70% and the amount actually used up; c. the rest (20%; amounting to 6.111,80 EUR) of the co-financed amount within 30 days after approval of the final project report by the Agency and after receiving the last payment for the project from the Agency. In any case, the total amount of all payments cannot exceed the total amount of the whole grant allotted to the Partner; d. the Partner shall submit, for the above mentioned payments at points a., b. and c., a formal request of payment to the Beneficiary. 2. All payments shall be regarded as advances pending explicit approval by the NA of the final report, the corresponding cost statement and the quality of the results of the project. 3. In the event that, when calculating the balance, the final amount due to the Partner is inferior to the amount already received as a first and second payment, the Partner commits itself to return the Beneficiary the exceeding amount. In addition, during the phase of checking the complete technical implementation report and financial statements of the project submitted by the Beneficiary to the Agency, should the latter not recognise part of the costs included in the financial statement or reduce the amount of the final grant taking into consideration the final assessment of the project outcome, the Beneficiary will not proceed with the payment or shall recover the 5

6 relative amount from the Partner, that commits itself to pay the required amount. The exceeding amounts shall be returned by credit on the following bank account: Bank name: UNICREDIT BANCA SPA Denomination of the account holder: PROVINCIA AUTONOMA DI TRENTO IBAN account code: IT12S Reason for payment: FCLregio reimbursement. 4. With reference to article I.4.7 in the Grant Agreement No IT02-KA all amounts in the reports shall be declared in euro. For that purpose, the Beneficiary shall convert any actual cost incurred into euro at the conversion rate applied by the bank at the date of the transfer of the related pre-financing payment from the Agency to the Beneficiary. This rate shall be applied for all costs incurred in the period from the date of transfer of the related pre-financing payment (that is to say from the beginning of the expenses eligibility period) until the date of transfer of the following pre-financing payment (in the case of the last pre-financing payment, the end of the eligibility period). Please note that the exchange rate stipulated in the Grant Agreement will be applied to all the Partners of the consortium. Article 7 Bank Account The Beneficiary undertakes to make the payments to the Bank Account specified by the Partner: Account Holder: Generalitat de Catalunya Address of Account Holder: Plaça Sant Jaume 4 Contact Person: Jordi Baldrich Roselló Tel: jordi.baldrich@gencat.cat Name of Bank: Banco de España Address of Bank: Pl. Catalunya, 17; Barcelona IBAN-Code: ES Swift Code/BIC-Code: ESPBESMM Account Number: Object for Payment: FCLregio payment Project No IT02-KA (CUP CODE C62C ) 6

7 Article 8 Interim and Final Reports 1. The Partner shall provide the Beneficiary with the necessary information and supporting documents for drawing up the progress report, the interim report and final report according to the provisions of Grant Agreement No IT02-KA , and, where appropriate, with copies of all the necessary supporting documents completed and signed by the legal representative, at least 20 days before the date of submission of the report into the mobility tool of the Agency. 2. The deadlines foreseen for the submission to the Agency of the progress and interim reports are: a. 30/04/2016 for the activities carried out in the period from the beginning of the implementation of the Project to the to the date of submission of the report; b. 28/02/2017 for the activities carried out in the period from the 30/04/2016 to 28/02/ The deadline foreseen for the submission of the Final Report is within 60 days after the end date of the Project specified in Article I.2.2 of the Grant Agreement Article 9 CUP Code 1. As agreed under law n. 3 dated 16 th January 2003, art. 11, the Codice Unico Progetto (Single Project Code) assigned to the project is: C62C The CUP and project code must be written on all administrative and financial documents, both on paper and computer file, that refer to the action related to this Contract. 7

8 Article 10 Monitoring and Control 1. The Partner shall immediately give the Beneficiary any information that the latter may require concerning the implementation of the project as set out in this Partnership Agreement. 2. The Partner shall keep at the disposal of the Beneficiary any document which enables him to check that the said project is being implemented or has been implemented. 3. In case of a financial and/or operational audit by the competent authorities, the Partner shall cooperate with the Beneficiary, so that the latter has access to all the requested information. 4. The obligations described in article II.20 Checks and audit of the Grant Agreement No IT02-KA (CUP CODE C62C ) apply mutatis mutandis to the Beneficiary and Partner. Article 11 Rights of ownership 1. The Partner accepts to conform to the dispositions of the article I.9 and II.8 set out in the Grant Agreement between the Beneficiary and the Agency. 2. The Beneficiary will provide the Partner with all information relating to the subject, including, among others, that which is included in the Grant Agreement and its amendments, in the official documents or in any correspondence. Article 12 Liability 1. Each contracting party shall exonerate the other contracting party from all civil liability arising from damages suffered by itself or its staff, resulting from the execution of this Partnership Agreement, insofar as these damages are not due to a serious or intentional error on the part of the other contracting party or its staff. 2. The Partner shall guarantee the Agency, the Beneficiary and their staff against any action for compensation for damages occurring to third parties, including project staff, resulting from the execution of this Partnership Agreement, insofar as these damages are not due to a serious or intentional error on the part of the Agency, the Beneficiary or their staff. 8

9 3. No party shall be liable to another for indirect or consequential loss or damages, such as but not limited to loss of profit, loss of revenue or loss of contracts. The total liability of a party towards another party under this Partnership Agreement shall be limited under all circumstances to the liability stated in the applicable mandatory laws. Article 13 Termination of the Agreement 1. In the event of the non-performance by the Partner of any of the undertakings arising from this Partnership Agreement and independently of the consequences provided for by applicable law, this Partnership Agreement may be legally terminated or annulled by the Beneficiary, without needing to proceed with any further legal formality, if an official demand sent to the Partner by registered letter is not complied with within one month. 2. The Partner shall inform the Beneficiary immediately, providing him with all relevant information, of any event likely to prejudice the carrying out of this Partnership Agreement. Article 14 Jurisdiction 1. Failing amicable settlement, the Courts of Trento, Italy, shall have sole competence to rule on any dispute between the contracting parties in respect of this contract. 2. The Law applicable to the present Partnership Agreement is the Law of Italy. Article 15 Amendments and Additions to the Partnership Agreement Any modifications to this Partnership Agreement may only be made by means of a supplementary agreement signed for each party by the signatories of the present Partnership Agreement. Article 16 - Copies This agreement is made in two copies of equal legal force, one for each party. 9

10 Article 17 Annexes The following Annexes are attached and form an integral part of this Partnership Agreement: a. A scan of the original Grant Agreement No IT02-KA Accordo Finanziario per un Progetto nell ambito del Programma Erasmus+- Settore Istruzione Scolastica - Attività KA2 - Partenariati strategici - Accordo n IT02-KA and Annexes b. Courtesy translation of the Grant Agreement No IT02-KA and Annexes: Annex I Annex II Annex III Annex IV Annex V Annex VI Description of the Project sections E of the grant application Approved budget Financial and contractual rules Not applicable Mandates provided to the coordinator by the other beneficiary[ies] List of other beneficiaries c. The Future Classroom Lab Regional Network (FCLregio) Project and work programme Signed by: The Beneficiary Provincia Autonoma di Trento Laura Pedron, Head of Unit signature: Name of the Partner legal representative, function signature: Date: Date: XXXXX Place: Trento Place: XXXXX 10

11 PARTNERSHIP AGREEMENT BETWEEN THE BENEFICIARY AND THE PARTNERSHIP Project FLCregio Future Classroom Lab Regional Network AGREEMENT No IT02-KA CUP CODE C62C The present Agreement, drawn up under the Community ERASMUS+ programme, governs the relationship between: Provincia Autonoma di Trento (PAT) - Dipartimento della Conoscenza Servizio Istruzione e formazione secondo grado, università e ricerca (Knowledge Department Secondary School, University and Research Unit), whose registered offices are at Via Gilli 3, 38121Trento, Italy represented by Ms Laura Pedron, Head of Unit hereinafter the Beneficiary 1

12 and EUN PARTNERSHIP AISBL whose registered offices are at Rue de Treves, 61, 1040 Bruxelles, Belgium represented by Mr Marc Durando, Executive Director hereinafter the Partner, collectively the parties. The parties hereby agree as follows: Article 1 Scope of the Partnership Agreement 1. Within the ERASMUS+ programme, the Beneficiary and the Partner undertake to carry out the project and work programme as set out in the present Partnership Agreement. This Partnership Agreement is subject to all the conditions of the Grant Agreement No IT02-KA (CUP CODE C62C ) concluded between the Beneficiary and the Agenzia Nazionale Erasmus Plus Indire as the national Erasmus+ agency (hereinafter the Agency ) relating to the project entitled Future Classroom Lab Regional Network (FCLregio), Project No IT02-KA The total budget of the project for the contractual period covered by Grant Agreement No IT02-KA (CUP CODE C62C ), all financing combined, is estimated at ,00 EUR. 3. The final financial contribution shall depend on the evaluation of the quality of the results of the project n IT02-KA according to the rules laid down at Community level, particularly in the Annex III, but shall, under no circumstances, give rise to a profit. 4. The present Partnership Agreement governs the relations between the Beneficiary and the Partner as well as their respective rights and obligations with regard to their participation in the project. 2

13 5. The scope of the present Partnership Agreement and the project relating to it are set out in detail in the annexes, which form an integral part of this Partnership Agreement and which each party declares to have read and approved. Article 2 Duration 1. The present Partnership Agreement shall come into effect not before 01/09/2015 for a period of 36 months and shall end 31/08/2018 at the latest, both included. 2. This contract enters into force on the date of signature by the last of both participating parties to the contract. 3. The period of eligibility of the costs starts on 01/09/2015 and finishes on 31/08/2018 at the latest. Article 3 Obligations of the Beneficiary The Beneficiary undertakes: 1. to make the necessary arrangements for the preparation, coordination, execution and smooth running of the project and its work programme, which is the subject of the present Partnership Agreement, in accordance with the aims of the project as set out in the Grant Agreement No IT02-KA signed between the Agency and the Beneficiary; 2. to provide the Partner with copies of the official documents relating to the project, such as the Grant Agreement between the Beneficiary and the Agency as well as the various reports; 3. to inform the Partner of any modifications made to Grant Agreement No IT02-KA (CUP CODE C62C ); 4. to define, together with the Partner, the roles, rights and obligations of both parties, including those relating to the allocation of intellectual property rights; 5. to comply with all the provisions of Grant Agreement No IT02-KA binding the Beneficiary to the Agency. 3

14 Article 4 Obligations of the Partner The Partner undertakes: 1. to make the necessary arrangements for the execution and smooth running of the project and its work programme, which is the subject of the present Partnership Agreement, in accordance with the aims of the project as set out in the Grant Agreement No IT02-KA and its annexes, signed between the Agency and the Beneficiary; 2. to comply with all the provisions of the Grant Agreement No IT02-KA between the Beneficiary and the Agency; 3. to provide the Beneficiary with any information or document it may require and which are necessary for the administration of the project and reporting to the Agency; 4. to accept responsibility for all information communicated to the Beneficiary, including details of costs claimed and, where appropriate, ineligible expenses; 5. to define, together with the Beneficiary, the roles, rights and obligations of both parties, including those relating to the allocation of intellectual property rights; 6. to actively participate in the project related communication through the defined channels of information provided by the Beneficiary; 7. to comply with the provisions of the article I.13 of the Grant Agreement in the case of payment of a financial individual support to the participants. Article 5 Financing and Co-financing 1. The maximum grant of the co-beneficiary for the period covered by this contract is estimated at ,00 EUR. The co-beneficiary s detailed budget is described in the annexes to this contract (Annex a). 4

15 Article 6 Payments 1. The Beneficiary undertakes to make payments under this Partnership Agreement to the Partner in line with the following schedule and payments forecast by the Grant Agreement No IT02-KA : a. 40% (amounting to ,80 EUR) of the financed amount after the receiving of prefinancing funds from the Agency and within 30 days after the receiving of the signed Partnership Agreement; b. 40 % (amounting to ,80 EUR) of the financed amount within 30 days after receiving the second part of the financing amount from the Agency, provided it is proved that the Partner has used up at least 70% of the pre-financed amount and that agreed outcomes are completed as foreseen in the work programme. If the used up part of the pre-financed amount is less than 70%, the second payment will be reduced of the difference between the threshold of 70% and the amount actually used up; c. the rest (20%; amounting to ,40 EUR) of the co-financed amount within 30 days after approval of the final project report by the Agency and after receiving the last payment for the project from the Agency. In any case, the total amount of all payments cannot exceed the total amount of the whole grant allotted to the Partner; d. the Partner shall submit, for the above mentioned payments at points a., b. and c., a formal request of payment to the Beneficiary. 2. All payments shall be regarded as advances pending explicit approval by the NA of the final report, the corresponding cost statement and the quality of the results of the project. 3. In the event that, when calculating the balance, the final amount due to the Partner is inferior to the amount already received as a first and second payment, the Partner commits itself to return the Beneficiary the exceeding amount. In addition, during the phase of checking the complete technical implementation report and financial statements of the project submitted by the Beneficiary to the Agency, should the latter not recognise part of the costs included in the financial statement or reduce the amount of the final grant taking into consideration the final assessment of the project outcome, the Beneficiary will not proceed with the payment or shall recover the 5

16 relative amount from the Partner, that commits itself to pay the required amount. The exceeding amounts shall be returned by credit on the following bank account: Bank name: UNICREDIT BANCA SPA Denomination of the account holder: PROVINCIA AUTONOMA DI TRENTO IBAN account code: IT12S Reason for payment: FCLregio reimbursement. 4. With reference to article I.4.9 in the Grant Agreement No IT02-KA all amounts in the reports shall be declared in euro. For that purpose, the Beneficiary shall convert any actual cost incurred into euro at the conversion rate applied by the bank at the date of the transfer of the related pre-financing payment from the Agency to the Beneficiary. This rate shall be applied for all costs incurred in the period from the date of transfer of the related pre-financing payment (that is to say from the beginning of the expenses eligibility period) until the date of transfer of the following pre-financing payment (in the case of the last pre-financing payment, the end of the eligibility period). Please note that the exchange rate stipulated in the Grant Agreement will be applied to all the Partners of the consortium. Article 7 Bank Account The Beneficiary undertakes to make the payments to the Bank Account specified by the Partner: Account Holder: EUN Partnership aisbl Address of Account Holder: Rue de Trèves 61 Contact Person: Laurence Abrassart Tel: laurence.abrassart@eun.org Name of Bank: Ing Belgium Sa Address of Bank: Avenue Marnix 24, 1000 Brussels, Belgium IBAN-Code: EUR BE Swift Code/BIC-Code: BBRUBEBB Account Number: Object for Payment: FCLregio payment Project No IT02-KA (CUP CODE C62C ) 6

17 Article 8 Interim and Final Reports 1. The Partner shall provide the Beneficiary with the necessary information and supporting documents for drawing up the progress report, the interim report and final report according to the provisions of Grant Agreement No IT02-KA , and, where appropriate, with copies of all the necessary supporting documents completed and signed by the legal representative, at least 20 days before the date of submission of the report into the mobility tool of the Agency. 2. The deadlines foreseen for the submission to the Agency of the progress and interim reports are: a. 30/04/2016 for the activities carried out in the period from the beginning of the implementation of the Project to the to the date of submission of the report; b. 28/02/2017 for the activities carried out in the period from the 30/04/2016 to 28/02/ The deadline foreseen for the submission of the Final Report is 30/10/2016 i.e. within 60 days after the end date of the Project specified in Article I.2.2 of the Grant Agreement Article 9 CUP Code 1. As agreed under law n. 3 dated 16 th January 2003, art. 11, the Codice Unico Progetto (Single Project Code) assigned to the project is: C62C The CUP and project code must be written on all administrative and financial documents, both on paper and computer file, that refer to the action related to this Contract. Article 10 Monitoring and Control 1. The Partner shall immediately give the Beneficiary any information that the latter may require concerning the implementation of the project as set out in this Partnership Agreement. 2. The Partner shall keep at the disposal of the Beneficiary any document which enables him to check that the said project is being implemented or has been implemented. 7

18 3. In case of a financial and/or operational audit by the competent authorities, the Partner shall cooperate with the Beneficiary, so that the latter has access to all the requested information. 4. The obligations described in article II.20 Checks and audit of the Grant Agreement No IT02-KA (CUP CODE C62C ) apply mutatis mutandis to the Beneficiary and Partner. Article 11 Rights of ownership 1. The Partner accepts to conform to the dispositions of the article I.9 and II.8 set out in the Grant Agreement between the Beneficiary and the Agency. 2. The Beneficiary will provide the Partner with all information relating to the subject, including, among others, that which is included in the Grant Agreement and its amendments, in the official documents or in any correspondence. Article 12 Liability 1. Each contracting party shall exonerate the other contracting party from all civil liability arising from damages suffered by itself or its staff, resulting from the execution of this Partnership Agreement, insofar as these damages are not due to a serious or intentional error on the part of the other contracting party or its staff. 2. The Partner shall guarantee the Agency, the Beneficiary and their staff against any action for compensation for damages occurring to third parties, including project staff, resulting from the execution of this Partnership Agreement, insofar as these damages are not due to a serious or intentional error on the part of the Agency, the Beneficiary or their staff. 3. No party shall be liable to another for indirect or consequential loss or damages, such as but not limited to loss of profit, loss of revenue or loss of contracts. The total liability of a party towards another party under this Partnership Agreement shall be limited under all circumstances to the liability stated in the applicable mandatory laws. 8

19 Article 13 Termination of the Agreement 1. In the event of the non-performance by the Partner of any of the undertakings arising from this Partnership Agreement and independently of the consequences provided for by applicable law, this Partnership Agreement may be legally terminated or annulled by the Beneficiary, without needing to proceed with any further legal formality, if an official demand sent to the Partner by registered letter is not complied with within one month. 2. The Partner shall inform the Beneficiary immediately, providing him with all relevant information, of any event likely to prejudice the carrying out of this Partnership Agreement. Article 14 Jurisdiction 1. Failing amicable settlement, the Courts of Trento, Italy, shall have sole competence to rule on any dispute between the contracting parties in respect of this contract. 2. The Law applicable to the present Partnership Agreement is the Law of Italy. Article 15 Amendments and Additions to the Partnership Agreement Any modifications to this Partnership Agreement may only be made by means of a supplementary agreement signed for each party by the signatories of the present Partnership Agreement. Article 16 - Copies This agreement is made in two copies of equal legal force, one for each party. Article 17 Annexes The following Annexes are attached and form an integral part of this Partnership Agreement: a. A scan of the original Grant Agreement No IT02-KA Accordo Finanziario per un Progetto nell ambito del Programma Erasmus+- Settore Istruzione Scolastica - Attività KA2 - Partenariati strategici - Accordo n IT02-KA (Italian version) and Annexes 9

20 b. Courtesy translation of the Grant Agreement No IT02-KA and Annexes: Annex I Annex II Annex III Annex IV Annex V Annex VI Description of the Project sections E of the grant application Approved budget Financial and contractual rules Not applicable Mandates provided to the coordinator by the other beneficiary[ies] List of other beneficiaries c. The Future Classroom Lab Regional Network (FCLregio) Project and work programme Signed by: The Beneficiary: The Partner: Provincia Autonoma di Trento Laura Pedron, Head of Unit signature: Name of the Partner legal representative, function signature: Date: Date: XXXXX Place: Trento Place: XXXXX 10

21 PARTNERSHIP AGREEMENT BETWEEN THE BENEFICIARY AND THE PARTNERSHIP Project FLCregio Future Classroom Lab Regional Network AGREEMENT No IT02-KA CUP CODE C62C The present Agreement, drawn up under the Community ERASMUS+ programme, governs the relationship between: Provincia Autonoma di Trento (PAT) - Dipartimento della Conoscenza Servizio Istruzione e formazione secondo grado, università e ricerca (Knowledge Department Secondary School, University and Research Unit), whose registered offices are at Via Gilli 3, 38121Trento, Italy represented by Ms Laura Pedron, Head of Unit hereinafter the Beneficiary 1

22 and Göteborgsregionens kommunalförbund, GR whose registered offices are at Gårdavägen 2, Göteborg, Sweden represented by Mr Bengt Randén, Head of education hereinafter the Partner, collectively the parties. The parties hereby agree as follows: Article 1 Scope of the Partnership Agreement 1. Within the ERASMUS+ programme, the Beneficiary and the Partner undertake to carry out the project and work programme as set out in the present Partnership Agreement. This Partnership Agreement is subject to all the conditions of the Grant Agreement No IT02-KA (CUP CODE C62C ) concluded between the Beneficiary and the Agenzia Nazionale Erasmus Plus Indire as the national Erasmus+ agency (hereinafter the Agency ) relating to the project entitled Future Classroom Lab Regional Network (FCLregio), Project No IT02-KA The total budget of the project for the contractual period covered by Grant Agreement No IT02-KA (CUP CODE C62C ), all financing combined, is estimated at ,00 EUR. 3. The final financial contribution shall depend on the evaluation of the quality of the results of the project n IT02-KA according to the rules laid down at Community level, particularly in the Annex III, but shall, under no circumstances, give rise to a profit. 4. The present Partnership Agreement governs the relations between the Beneficiary and the Partner as well as their respective rights and obligations with regard to their participation in the project. 2

23 5. The scope of the present Partnership Agreement and the project relating to it are set out in detail in the annexes, which form an integral part of this Partnership Agreement and which each party declares to have read and approved. Article 2 Duration 1. The present Partnership Agreement shall come into effect not before 01/09/2015 for a period of 36 months and shall end 31/08/2018 at the latest, both included. 2. This contract enters into force on the date of signature by the last of both participating parties to the contract. 3. The period of eligibility of the costs starts on 01/09/2015 and finishes on 31/08/2018 at the latest. Article 3 Obligations of the Beneficiary The Beneficiary undertakes: 1. to make the necessary arrangements for the preparation, coordination, execution and smooth running of the project and its work programme, which is the subject of the present Partnership Agreement, in accordance with the aims of the project as set out in the Grant Agreement No IT02-KA signed between the Agency and the Beneficiary; 2. to provide the Partner with copies of the official documents relating to the project, such as the Grant Agreement between the Beneficiary and the Agency as well as the various reports; 3. to inform the Partner of any modifications made to Grant Agreement No IT02-KA (CUP CODE C62C ); 4. to define, together with the Partner, the roles, rights and obligations of both parties, including those relating to the allocation of intellectual property rights; 5. to comply with all the provisions of Grant Agreement No IT02-KA binding the Beneficiary to the Agency. 3

24 Article 4 Obligations of the Partner The Partner undertakes: 1. to make the necessary arrangements for the execution and smooth running of the project and its work programme, which is the subject of the present Partnership Agreement, in accordance with the aims of the project as set out in the Grant Agreement No IT02-KA and its annexes, signed between the Agency and the Beneficiary; 2. to comply with all the provisions of the Grant Agreement No IT02-KA between the Beneficiary and the Agency; 3. to provide the Beneficiary with any information or document it may require and which are necessary for the administration of the project and reporting to the Agency; 4. to accept responsibility for all information communicated to the Beneficiary, including details of costs claimed and, where appropriate, ineligible expenses; 5. to define, together with the Beneficiary, the roles, rights and obligations of both parties, including those relating to the allocation of intellectual property rights; 6. to actively participate in the project related communication through the defined channels of information provided by the Beneficiary; 7. to comply with the provisions of the article I.13 of the Grant Agreement in the case of payment of a financial individual support to the participants. Article 5 Financing and Co-financing 1. The maximum grant of the co-beneficiary for the period covered by this contract is estimated at Euro ,00 EUR. The co-beneficiary s detailed budget is described in the annexes to this contract (Annex a). 4

25 Article 6 Payments 1. The Beneficiary undertakes to make payments under this Partnership Agreement to the Partner in line with the following schedule and payments forecast by the Grant Agreement No IT02-KA : a. 40% (amounting to ,20 EUR) of the financed amount after the receiving of prefinancing funds from the Agency and within 30 days after the receiving of the signed Partnership Agreement; b. 40 % (amounting to ,20 EUR) of the financed amount within 30 days after receiving the second part of the financing amount from the Agency, provided it is proved that the Partner has used up at least 70% of the pre-financed amount and that agreed outcomes are completed as foreseen in the work programme. If the used up part of the pre-financed amount is less than 70%, the second payment will be reduced of the difference between the threshold of 70% and the amount actually used up; c. the rest (20%; amounting to 8.051,60 EUR) of the co-financed amount within 30 days after approval of the final project report by the Agency and after receiving the last payment for the project from the Agency. In any case, the total amount of all payments cannot exceed the total amount of the whole grant allotted to the Partner; d. the Partner shall submit, for the above mentioned payments at points a., b. and c., a formal request of payment to the Beneficiary. 2. All payments shall be regarded as advances pending explicit approval by the NA of the final report, the corresponding cost statement and the quality of the results of the project. 3. In the event that, when calculating the balance, the final amount due to the Partner is inferior to the amount already received as a first and second payment, the Partner commits itself to return the Beneficiary the exceeding amount. In addition, during the phase of checking the complete technical implementation report and financial statements of the project submitted by the Beneficiary to the Agency, should the latter not recognise part of the costs included in the financial statement or reduce the amount of the final grant taking into consideration the final assessment of the project outcome, the Beneficiary will not proceed with the payment or shall recover the 5

26 relative amount from the Partner, that commits itself to pay the required amount. The exceeding amounts shall be returned by credit on the following bank account: Bank name: UNICREDIT BANCA SPA Denomination of the account holder: PROVINCIA AUTONOMA DI TRENTO IBAN account code: IT12S Reason for payment: FCLregio reimbursement. 4. With reference to article I.4.9 in the Grant Agreement No IT02-KA all amounts in the reports shall be declared in euro. For that purpose, the Beneficiary shall convert any actual cost incurred into euro at the conversion rate applied by the bank at the date of the transfer of the related pre-financing payment from the Agency to the Beneficiary. This rate shall be applied for all costs incurred in the period from the date of transfer of the related pre-financing payment (that is to say from the beginning of the expenses eligibility period) until the date of transfer of the following pre-financing payment (in the case of the last pre-financing payment, the end of the eligibility period). Please note that the exchange rate stipulated in the Grant Agreement will be applied to all the Partners of the consortium. Article 7 Bank Account The Beneficiary undertakes to make the payments to the Bank Account specified by the Partner: Account Holder: Göteborgsregionens Kommunalförbund Address of Account Holder: Box 5073, Göteborg Contact Person: Rikard Ström Tel: rikard.strom@grkom.se <mailto:rikard.strom@grkom.se> Name of Bank: Nordea Address of Bank: Nordea Bank AB, Storkundsenheten, Göteborg IBAN-Code: SE Swift Code/BIC-Code: NDEASESS Account Number:

27 Object for Payment: FCLregio payment Project No IT02-KA (CUP CODE C62C ) Article 8 Interim and Final Reports 1. The Partner shall provide the Beneficiary with the necessary information and supporting documents for drawing up the progress report, the interim report and final report according to the provisions of Grant Agreement No IT02-KA , and, where appropriate, with copies of all the necessary supporting documents completed and signed by the legal representative, at least 20 days before the date of submission of the report into the mobility tool of the Agency. 2. The deadlines foreseen for the submission to the Agency of the progress and interim reports are: a. 30/04/2016 for the activities carried out in the period from the beginning of the implementation of the Project to the to the date of submission of the report; b. 28/02/2017 for the activities carried out in the period from the 30/04/2016 to 28/02/ The deadline foreseen for the submission of the Final Report is 30/10/2016 i.e. within 60 days after the end date of the Project specified in Article I.2.2 of the Grant Agreement Article 9 CUP Code 1. As agreed under law n. 3 dated 16 th January 2003, art. 11, the Codice Unico Progetto (Single Project Code) assigned to the project is: C62C The CUP and project code must be written on all administrative and financial documents, both on paper and computer file, that refer to the action related to this Contract. 7

28 Article 10 Monitoring and Control 1. The Partner shall immediately give the Beneficiary any information that the latter may require concerning the implementation of the project as set out in this Partnership Agreement. 2. The Partner shall keep at the disposal of the Beneficiary any document which enables him to check that the said project is being implemented or has been implemented. 3. In case of a financial and/or operational audit by the competent authorities, the Partner shall cooperate with the Beneficiary, so that the latter has access to all the requested information. 4. The obligations described in article II.20 Checks and audit of the Grant Agreement No IT02-KA (CUP CODE C62C ) apply mutatis mutandis to the Beneficiary and Partner. Article 11 Rights of ownership 1. The Partner accepts to conform to the dispositions of the article I.9 and II.8 set out in the Grant Agreement between the Beneficiary and the Agency. 2. The Beneficiary will provide the Partner with all information relating to the subject, including, among others, that which is included in the Grant Agreement and its amendments, in the official documents or in any correspondence. Article 12 Liability 1. Each contracting party shall exonerate the other contracting party from all civil liability arising from damages suffered by itself or its staff, resulting from the execution of this Partnership Agreement, insofar as these damages are not due to a serious or intentional error on the part of the other contracting party or its staff. 2. The Partner shall guarantee the Agency, the Beneficiary and their staff against any action for compensation for damages occurring to third parties, including project staff, resulting from the execution of this Partnership Agreement, insofar as these damages are not due to a serious or intentional error on the part of the Agency, the Beneficiary or their staff. 8

29 3. No party shall be liable to another for indirect or consequential loss or damages, such as but not limited to loss of profit, loss of revenue or loss of contracts. The total liability of a party towards another party under this Partnership Agreement shall be limited under all circumstances to the liability stated in the applicable mandatory laws. Article 13 Termination of the Agreement 1. In the event of the non-performance by the Partner of any of the undertakings arising from this Partnership Agreement and independently of the consequences provided for by applicable law, this Partnership Agreement may be legally terminated or annulled by the Beneficiary, without needing to proceed with any further legal formality, if an official demand sent to the Partner by registered letter is not complied with within one month. 2. The Partner shall inform the Beneficiary immediately, providing him with all relevant information, of any event likely to prejudice the carrying out of this Partnership Agreement. Article 14 Jurisdiction 1. Failing amicable settlement, the Courts of Trento, Italy, shall have sole competence to rule on any dispute between the contracting parties in respect of this contract. 2. The Law applicable to the present Partnership Agreement is the Law of Italy. Article 15 Amendments and Additions to the Partnership Agreement Any modifications to this Partnership Agreement may only be made by means of a supplementary agreement signed for each party by the signatories of the present Partnership Agreement. Article 16 - Copies This agreement is made in two copies of equal legal force, one for each party. 9

30 Article 17 Annexes The following Annexes are attached and form an integral part of this Partnership Agreement: a. A scan of the original Grant Agreement No IT02-KA Accordo Finanziario per un Progetto nell ambito del Programma Erasmus+- Settore Istruzione Scolastica - Attività KA2 - Partenariati strategici - Accordo n IT02-KA (Italian version) and Annexes b. Courtesy translation of the Grant Agreement No IT02-KA and Annexes: Annex I Annex II Annex III Annex IV Annex V Annex VI Description of the Project sections E of the grant application Approved budget Financial and contractual rules Not applicable Mandates provided to the coordinator by the other beneficiary[ies] List of other beneficiaries c. The Future Classroom Lab Regional Network (FCLregio) Project and work programme Signed by: The Beneficiary: The Partner: Provincia Autonoma di Trento Laura Pedron, Head of Unit signature: Name of the Partner legal representative, function signature: Date: Date: XXXXX Place: Trento Place: XXXXX 10