Document 8 m Ref. Ares(2020)1527226-12/03/2020 SERVICE LEVEL AGREEMENT No.: JRC/FRONTEX/2015 between JOINT RESEARCH CENTRE and European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union The European Commission, represented for the purpose of signing this Service Level Agreement by Mr Stephan Lechner, Director of the Institute for the Protection and Security of the Citizen of the Joint Research Centre, duly entitled to sign, hereinafter referred to as "JRC" and The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, hereinafter referred to as "Frontex", represented for the purpose of the signature of this Service Level Agreement by hereinafter referred to as "Frontex" text removed, justfication 1 Hereinafter referred to individually as "the Party" or collectively as "the Parties" Having regard to Council Regulation (EC) 2007/2004, of 26 October 2004, establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), as last amended, Having regard to Council Decision (89/340/EEC) of 3 May 1989 allowing the Commission to place the installations, equipment or expert assistance of the JRC at the disposal of third parties whether public or p rivate, as appropriate, against payment, Have agreed the conditions below and the following annexes: Annex I - Frontex Media Monitoring (FMM) and Newsdesk Service Level Agreement (Technical Annex) Annex II - List of deliverables for 2016 which form an integral part of this contract. text removed in lower corners, justfication 1

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Article 1 - Scope

The subject of this Service Level Agreement is the definition of the operational,
administrative, financial and technical conditions under which JRC shall provide
Frontex with the services and products to the maintenance and update of the Frontex
Media Monitor and the Newsdesk, which were initially supplied by the JRC in the
frame ofthe SLA No. JRC/FX/286/2009-1, signed on 17/12/2009.

Article 2 - Expected tasks and deliverables

The expected availability, support, incident resolution, service request fulfilment and
maintenance services related to Frontex Media Monitor (FMM) and Newsdesk are
described in Annex I.

The maximum incident response time expected from JRC for assistance in building
categories, editing alerts, source and links maintenance is set to 48 hours.

The maximum incident response time expected from JRC for the resolution of IT and
end-users reported problems is of 24 hours for Newsdesk and FMM, during JRC
working days.

Article 3 - Applications Update

The updates for the FMM and the Newsdesk are part of JRC normal research activity
and they will take place in parallel to the updates of the Europe Media Monitor. There
is no specific schedule for these particular deliverables; however, JRC shall regularly
communicate to Frontex the release calendar. The communications will be received
every four months and include (at least):
l. The number of service requests, incidents and problems and the KPls indicated
in Annex I;
2. Release notes associated with the accomplished deployments (date, version,
affected components, fixed bugs referred by incident code, improvements);
3. Schedule for the next planned deployments;
4. Scope of the next planned deployments.

Article 4 - Payment
A total amount of EUR 50,000.00 (fifty thousand Euros) shall be paid by Frontex under
this Service Level Agreement, covering all tasks to be executed.

The total amount referred to in the above paragraph shall be fixed and not be subject to
revision.

Article 5 - Payment modalities

Payments shall be executed once JRC has fulfilled its obligations arising from this
Service Level Agreement covered by the debit note by the date on which the debit note
is submitted.

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Following signature of this Service Level Agreement and its two Annexes by the last
contracting party, within 45 days ofthe receipt by Frontex of a request for pre-financing
with a relevant debit note, a pre-financing payment of EUR 25,000.00 (twenty-five
thousand Euro) equal to 50% ofthe total amount referred to in Article 4 shall be made.

Within 45 days of the date on which Frontex received the approved deliverables DI,
D2, D3, D4, D5, D6 and D7 laid in Annex II, payment of the second and last instalment
corresponding to EUR 25,000.00 (twenty-five thousand Euro) equal to 50% of the total
amount referred to in Article 4 shall be made.

In the event of late payment the JRC may claim default interest. Interest shall be
calculated at the rate applied by the European Central Bank to its most recent main
refinancing operations (“the reference rate”) plus three and a half percentage points.
The reference rate in force on the first day of the month in which the payment is due
shall apply. Such interest rate is published in the C series of the Official Journal of the
European Union. Interest shall be payable for the period elapsing from the calendar day
following expiry of the time-limit for payment up to the day of payment.

Article 6 - Bank details

Payments shall be made to the JRC bank account denominated in EUR, identified as
follows:

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Article 7 - Communication

Any communication relating to this Service Level Agreement will be done by writing
and bear the reference number and reference of the deliverables from Annex Il.
Ordinary mail shall be deemed to have been received by Frontex or JRC on the date on
which it is registered by the department responsible indicated below. Communications
shall be sent to the following addresses:

Frontex:

Frontex/717/2015

Administrative and technical issues
(updating and user support)

Frontex

Plac Europejski 6

00-844 Warsaw

Poland

To the attention of Ms. Dominika
Kowszewicz

JRC N0.34026-2015 TPW

Technical issues (IT problem
solving, installation and system
performance)

Frontex

Plac Europejski 6

00-844 Warsaw

Poland

To the attention of Mr. Michal
Mariak

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JRC:

Administrative issues Operational communication

European Commission

Joint Research Centre

Directorate B - Resources

Budget, Accounting and Competitive
Activities - TP 060

European Commission

Joint Research Centre

Institute for the Protection and Security of
the Citizen

Global Security & Crisis Management —
TP 267

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Article 8 - Delay

Any delay and their reasons in performance of the tasks must be immediately notified
to Frontex.

Article 9 - Validity
This Service Level Agreement enters into force on 01.01.2016.

The execution of the tasks may not, under any circumstances, begin before the date on
which this Service Level Agreement enters into force.

Article 10 - Length

This Service Level Agreement is concluded for a period of 12 months, starting from
the date of its entry into force. This period and all other periods specified in this Service

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Level Agreement are calculated in calendar days. The execution of the tasks shall start
from the date of entry into force of this Service Level Agreement.

Each Party has the right to terminate this Service Level Agreement in case the other
Party remains in serious breach of its contractual obligations after receiving formal
notice in writing to comply, specifying the nature ofthe alleged failure, and after being
given the opportunity to remedy the failure within a reasonable period following receipt
ofthe formal notice. This includes where the contractual obligations may no longer be
performed due to lack of necessary budget allocations for the purposes of the Service
Level Agreement. Any termination under this paragraph becomes effective by the end
of the next calendar month after notification to the other Party.

In the event of termination of this contract by JRC, all pre-financing, after the deduction
of borne costs at the moment of termination, shall be reimbursed to Frontex.

Article 11 - Amendment

Any amendment to this Service Level Agreement shall be the subject of a written
agreement concluded by JRC and Frontex.

Article 12 - Ownership

Any results or rights thereon, obtained in performance ofthe Service Level Agreement,
shall be owned by Frontex.

Article 13 - Copyrights

The copyright and other intellectual or industrial property rights, obtained in
performance of the Service Level Agreement, shall be owned by the JRC.

Article 14 - Personal data

Any personal data included in the Service Level Agreement shall be processed pursuant
to Regulation (EC) No 45/2001 on the protection of individuals with regard to the
processing of personal data by the institutions and bodies of the European Union and
on the free movement of such data. Such data shall be processed solely for the purposes
of the performance, management and monitoring of the Service Level Agreement.

Article 15 — Confidentiality

JRC undertakes to treat in the strictest confidence and not make use of or divulge to
third parties any information communicated to JRC by Frontex as sensitive and which
are linked to the performance of the Service Level Agreement. JRC shall continue to
be bound by this undertaking for a period of five years after the expiration or
termination of the Service Level Agreement.

The undertaking of confidentiality according to the previous paragraph does not apply
in case:

(i) The information becomes available to the public through no wrongful act of
the Commission;

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(ii) The information is communicated to JRC without any confidentiality
obligation by a third party that is in lawful possession thereof;

(iii) JRC has already been in possession of the information or the information is
developed by JRC completely independently of any disclosure by Frontex; or

(iv) JRC is required to disclose the information by law; however, whenever
allowed by the applicable law, JRC shall inform Frontex about the impeding
disclosure to allow Frontex to seek a protective order or other appropriate
remedy to prevent the disclosure.

Subject to Frontex’ consent, JRC may, wherever appropriate, give reasonable
information regarding this Service Level Agreement to relevant standardisation bodies.
Frontex shall not unreasonably withhold the consent.

If Frontex communicates to third parties information about the subject of this Service
Level Agreement, the work carried out, or the results obtained, he shall acknowledge
the participation/authorship of JRC.

Frontex undertakes to treat in the strictest confidence and not make use of or divulge to
third parties any information concerning the JRC that he may have become acquainted
with during the course of the Service Level Agreement, in case it may reasonably be
held that JRC holds this information confidential or that the disclosure of such
information could be disadvantageous to the Commission. Frontex shall continue to be
bound by this undertaking also after the expiration or termination of the Service Level
Agreement.

Article 16 — Classified information

Each Party must processed EU classified information under their respective rules
provided for in their funding Regulation.

Article 17 - Liability

Frontex shall not be liable for damage sustained by the JRC in performance of the
Service Level Agreement except in the event of wilful misconduct or gross negligence
on the part of Frontex.

The JRC shall be liable for any damage caused by it in performance ofthe Service Level
Agreement, including in the event of subcontracting, except in the following cases:

(i) damage sustained by Frontex in performance of the Service Level Agreement except
in the event of wilful misconduct or gross negligence on the part ofthe JRC;

(ii) damage caused to any test material or objects supplied by Frontex where such
damage results from the correct performance of work and testing according to
established test procedures.

(iii) damage arising out ofthe use ofthe results of the work or tests forming the subject
matter of the Service Level Agreement except in the event of wilful misconduct on the
part ofthe JRC.]

Neither Party shall be responsible for any indirect or consequential loss or similar
damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts,
except in the event of wilful misconduct.

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All provisions ofthe Service Level Agreement apply without prejudice to the applicable
law. Neither Party can claim any damages or breach ofthe Service Level Agreement in
cases where the other Party acts according to its obligations resulting from the
applicable law.

Article 18 - Force majeure

Force majeure shall mean any unforeseeable and exceptional situation or event beyond
the control of the Parties which prevents either of them from performing any of their
obligations under the Service Level Agreement, was not due to error or negligence on
their part or on the part ofa contractor, and could not have been avoided by the exercise
of due diligence. Defects in equipment or material or delays in making it available,
labour disputes, strikes or financial problems cannot be invoked as force majeure unless
they stem directly from a relevant case of force majeure.

If one Party is faced with force majeure, it shall notify the other Party without delay by
registered letter with acknowledgment ofreceipt or equivalent, stating the nature, likely
duration and foreseeable effects.

Neither Party shall be held in breach of its contractual obligations if it has been
prevented from performing them by force majeure. Where the JRC is unable to perform
its contractual obligations owing to force majeure, it shall have the right to
remuneration only for tasks actually executed.

The Parties shall take the necessary measures to reduce damage to a minimum.

Article 19 — Dispute settlement and applicable law

This Service Level Agreement shall be governed by European Union law,
complemented, where necessary, by the national substantive law of Poland. In case of
dispute between the Parties arising out of or in connection with this Service Level
Agreement the Parties agree to settle it by mutual agreement. Should the dispute not be
settled through the procedure abovementioned, it will be brought before the Court of
Justice ofthe European Union.

IN WITNESS WHEREOF, this Service Level Agreement in English is made out in
duplicate and duly signed by the authorised representatives on the date as denoted
below, and both copies are to be considered as the original of this Service Level
Agreement.

Frontex/717/2015 JRC No.34026-2015 TPW SIGNATURES For Frontex. For the JRC, Mr. Stephan Lechner IPSC Director text removed, justfication 1 Done at lspra, on Done at Warsaw, on 8 0 3 DEC 2015