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"content": "Contract number: NP/653/2019/AG Service contract conditions of December 2018\n\nSERVICE CONTRACT\n\nNUMBER - Frontex/NP/653/2019/AG\nResearch Study - “Artificial Intelligence-based capabilities\n\nfor the European Border and Coast Guard”\n\nEuropean Border and Coast Guard Agency, Plac Europejski 6, 00-844 Warsaw, Poland,\nNIP:1132575531, (hereinafter referred to as \"Frontex\" or \"Contracting authority\"), which is\nrepresented for the purposes of the signature of this contract by\n\non the one part, and\n\n1. RAND Europe CIC\nWestbrook Centre/Milton Road\nCambridge CB4 1YG, UK\n\nappointed as the leader of the group by the members of the group (No 1 and No 2) that\nsubmitted the joint tender\n\n2. RAND EUROPE (EU) AISBL\nRue de la Loi 82 Bte 3,\n1040 Brussels, BE\n\nmember of the group\n\ncollectively referred hereinafter ‘the contractor’, represented for the purposes of the\nsignature of this contract by\n\nof RAND Europe CIC, Cambridge\n\non the other part,",
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"content": "Contract number: NP/653/2019/AG Service contract conditions of December 2018\n\nHAVE AGREED\n\nto the special conditions, the general conditions for service contracts and the following\nannexes:\n\nAnnex | - ToR\nAnnex Il Contractor’s tender of 21 July 2019 including additional documents of 23\nAugust 2019\n\nwhich form an integral part of this contract (‘the contract’).\n\nThis contract sets out the obligations of the parties during and after the duration of this\ncontract.\n\nAll documents issued by the contractor (end-user agreements, general terms and conditions,\netc.) except its tender are held inapplicable, unless explicitly mentioned in the special\nconditions of this contract. In all circumstances, in the event of contradiction between this\ncontract and documents issued by the contractor, this contract prevails, regardless of any\nprovision to the contrary in the contractor’s documents.",
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"content": "Contract number: NP/653/2019/AG Service contract conditions of December 2018\n\nl. SPECIAL CONDITIONS\n\n1.1. ORDER OF PRIORITY OF PROVISIONS\n\nIf there is any conflict between different provisions in this contract, the following rules must\nbe applied:\n\n(a) The provisions set out in the special conditions take precedence over those in the\nother parts of the contract.\n\n(b) The provisions set out in the general conditions take precedence over those in the\nother annexes.\n\n(c) The provisions set out in the ToR (Annex |) take precedence over those in the\ntender (Annex Il).\n\n1.2. SUBJECT MATTER\n\nThe subject matter of the contract is Research Study on Artificial Intelligence-based\ncapabilities for the European Border and Coast Guard.\n\n1.3. ENTRY INTO FORCE AND DURATION\n1.3.1 The contract enters into force on the date on which the last party signs it.\n1.3.2 The performance of the contract cannot start before its entry into force,\n\n1.3.3 The duration of the performance of the contract must not exceed 10 months.\nPerformance of the contract starts from the date of entry into force of the contract.\n\nThe period of performance of the contract may be extended only with the express\nwritten agreement of the parties before the expiration of such period.\n\n1.4. PRICE\n1.4.1. Price of the contract and maximum amount\n\nThe price payable under this contract is EUR 114,075.00 [one hundred and fourteen thousand\nand seventy-five Euro], VAT not included.\n\n1.4.2. Price revision index\n[Price revision is not applicable to this contract.]\n1.4.3. Reimbursement of expenses\n\n[Reimbursement of expenses is not applicable to this contract.]",
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"content": "Contract number: [complete] Service contract conditions of December 2018\n\n11.18.4. Effects of termination ....eeessnseeeeneesnenennennnnnenen mens nnnen nennen 31\n11.19. Invoices, value added tax and e-invoicing......usssessssneenoenneneenenn nennen 31\n11.19.1. Invoices and value added tax ..........22n0ssnesessnnnsenenne nennen nn 31\n11.19.2. E-invoicing..eeeeseeseneesennennnesennnnenanensuunnenennnnnnennnen nennen nenn 32\n11.20. Price revision ......ceneneseneunnnennennnnnnnnnnnunnenenunnnennnnnnnennnnn nennen nenn 32\nH.21. Paymients and Aliarantees...ı:cuanan nun nn a anna anna 32\nIL.21.1. Date of payment. .: 221mm 0 mn nn mm er mn 1 32\n11.21.2. Currency oneeeeeseeennessennnnnenennnunnnnnnnnennnsensnnnnnnnansnnnnnennnenn 32\n11.21.3. Conversion. ..ueeeseessneessnensennennnnnnnennennnnnennenennnnnssnnnenner nun 32\n11.21.4. Costs of transfer ...eneceenenenenennnenennnnnnnnnnnonnnnnnn anne nsnenene nenn 33\n11.21.5. Pre-financing, performance and money retention guarantees ..... 33\n11.21.6. Interim payments and payment of the balance...........zeersnuesc00. 33\n11.21.7. Suspension of the time allowed for payment. .....ccessssnessnneenenne 34\n11.21.8. Interest on late payment .......enensseneenenessennnennenennnennnenne nenne 34\n11.22. Reimbursements.....eueossensenssenenennnnennnnunnenenennnnnnnennnnnnn none nnenun nenn 35\nIL. REEL 35\n11.23.2, Recuwery procedure une nun nn en a en 36\n11.23.3. Interest on late payment ........nsseenseseeenneonnnnnnnennnnennen nennen 36\n11.23.4. Recovery rules in the case of joint tender.......unseresssneneenner one 36\n11.24. Checks and audits....eencssenesneesuunnnnnonnnnnnnnenennnnnnnen nennen nnnsnn nun 36",
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"content": "Contract number: [complete] Service contract conditions of December 2018\n1.5. PAYMENT ARRANGEMENTS\n1.5.1. [Pre-financing]\n\nNot applicable for this contract.\n\n1.5.2. Interim payment\n\n1[(a)]. The contractor (or leader in the case of a joint tender) may claim an interim payment\nequal to 30 % of the price referred to in Article 1.4.1 in accordance with Article 11.21.6.\n\nThe contractor (or leader in the case of a joint tender) must send an invoice scanned to\ninvoices@frontex.europa.eu for the interim payment as provided for in the tender\ndocuments, accompanied by the following:\n\n(a) a list of all pre-existing rights to the results or parts of the results or a declaration\nstating that there are no such pre-existing rights, as provided for in Article 11.13.4;\n\n(b) Report pertaining to the Work Package 1 and relevant progress report or deliverable\nresult if specifically required by ToR.\n\n2. The contracting authority must approve any submitted documents or deliverables and pay\nwithin 30 days from receipt of the invoice.\n\n3. The contracting authority may suspend the time limit for payment specified in point(2) in\naccordance with Article I1.21.7. Once the suspension is lifted, the contracting authority hall\ngive its approval and pay within the remainder of the time-limit indicated in point (2) unless\nit rejects partially or fully the submitted documents or deliverables.\n\n1.5.3, Payment of the balance\n\n1. The contractor (or leader in the case of a joint tender) may claim the payment of the\nbalance (70% of the price referred to in Article 1.4.1) in accordance with Article 11.21.6.\n\nThe contractor (or leader in the case of a joint tender) must send an invoice scanned to\n\ninvoices@frontex.europa.eu for payment of the balance due under the contract, as provided\n\nfor in the ToR and accompanied by the following:\n\n(a) a list of all pre-existing rights to the results or parts of the results or a declaration\nstating that there are no such pre-existing rights, as provided for in Article 11.13.4;\n\n(b) final study (and report if requested so by the ToR)\n\n(c) [statements of reimbursable expenses in accordance with Article 11.22 if applicable].\n\n2. The contracting authority must approve the submitted documents or deliverables and pay\nwithin 30 days from receipt of the invoice.\n\n3. The contracting authority may suspend the time limit for payment specified in point (2.)\nin accordance with Article 11.21.7.\n\nOnce the suspension is lifted, the contracting authority shall give its approval and pay within\nthe remainder of the time-limit indicated in point (2.) unless it rejects partially or fully the\nsubmitted documents or deliverables.\n\nKar",
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"content": "Contract number: [complete] Service contract conditions of December 2018\n\n1.6. GUARANTEES\n[Guarantees are not applicable to this contract.]\n1.6.1. Performance guarantee\n\n[Performance guarantee is not applicable to this contract.]\n\n1.6.2. Retention money guarantee\n\n[Retention money guarantee is not applicable to this contract.)\n\n1.7. BANK ACCOUNT\n\nPayments must be made to the contractor’s (or leader’s in the case of a joint tender) bank\naccount denominated in EURO, identified as follows:\n\n \n\n1.8. COMMUNICATION DETAILS\n\nFor the purpose of this contract, communications must be sent to the following addresses:\n\nContracting authority:\nEuropean Border and Cost Guard Agency\nPlac Europejski 6, 00-844 Warsaw, Poland\n\nContractor (or leader in the case of a joint tender):\nRand Europe CiC\n\nWestbrook Centre. Milton Road CB2 3AA, Cambridge, UK\nE-mail:\n\n1.9. PROCESSING OF PERSONAL DATA\n1.9.1 Processing of personal data by the contracting authority\n\nFor the purpose of Article 11.9.1,\n\n(a) the data controller is Head of the Research and Innovation Unit\n(b) the data protection notice is available at https://ec.europa.eu/info/data-\nprotection-public-procurement-procedures_en.",
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"content": "Contract number: [complete] Service contract conditions of December 2018\n\n1.9.2 Processing of personal data by the contractor\n\nFor the purpose of Article 11.9.2,\n\n(a) the subject matter and purpose of the processing of personal data by the contractor\nare only for the implementation of the contract (e.g. personal data of the contact\npersons and other staff members involved in the project implementation on the party\nof Frontex);\n\n(b) The localisation of and access to the personal data processed by the contractor shall\ncomply with the following:\n\ni. the personal data shall only be processed within the territory of the European\nUnion and the European Economic Area and will not leave that territory;\n\nii. the data shall only be held in data centres located with the territory of the\nEuropean Union and the European Economic Area;\n\niii. no .access shall be given to such data outside of the European Union and the\nEuropean Economic Area\n\niv. the contractor may not change the location of data processing without the\nprior written authorisation of the contracting authority;\n\nv. any transfer of personal data under the contract to third countries or\ninternational organisations shall fully comply with the requirements laid down\nin Chapter V of Regulation (EU) 2018/1725\".\n\n1.10. EXPLOITATION OF THE RESULTS OF THE CONTRACT\n1.10.1. Detailed list of modes of exploitation of the results\n\nIn accordance with Article 11.13.1 whereby the Union acquires ownership of the results as\ndefined in this contract, including the tender specifications, these results may be used for\nany of the following modes of exploitation:\n\n[(a) use for its own purposes:\ne making available to the staff of the contracting authority;\ne making available to the persons and entities working for the contracting\n\nauthority or cooperating with it, including contractors, subcontractors whether\nlegal or natural persons;\n\ne making it available to the other Union institutions, agencies and bodies, Member\nStates’ institutions;\n\n \n\n' Regulation (EU) 2018/1725 of 23 October 2018 on the protection of natural persons with\nregard to the processing of personal data by the Union institutions, bodies, offices and\nagencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001\nand Decision No 1247/2002/EC, OJ L 295/39, 21.11.2018, https://eur-lex.europa.eu/legal-\nconten/EN/TXT/PDF/?uri=CELEX:32018R1725&from=EN",
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"content": "Contract number: [complete] Service contract conditions of December 2018\ne installing, uploading, processing;\ne _arranging, compiling, combining, retrieving;\n\ne _copying, reproducing in whole or in part and in unlimited number of copies.]\n\n[(b) distribution to the public in hard copies, in electronic or digital format, on the\ninternet including social networks as a downloadable or non-downloadable file;]\n\n[(c) communication through press information services;]\n\n[(d) inclusion in widely accessible databases or indexes, such as via ‘open access’ or ‘open\ndata’ portals, or similar repositories, whether freely accessible or accessible only upon\nsubscription; ]\n\n[(e) modifications by the contracting authority or by a third party in the name of the\ncontracting authority, including:\n\n® _shortening;\n\ne _summarising;\n\ne _modifying the content, the dimensions;\n\ne making technical changes to the content (necessary correction of technical\nerrors), adding new parts or functionalities, changing functionalities, providing\nthird parties with additional information concerning the result (e.g. source code)\n\nwith a view to making modifications;\n\ne addition of new elements, paragraphs, titles, leads, bolds, legend, table of\ncontent, summary, graphics, subtitles, sound;\n\ne addition of metadata, for text and data-mining purposes; addition of right-\nmanagement information; addition of technological protection measures;\n\ne preparation in audio form, preparation as a presentation, animation, pictograms\nstory, slide-show, public presentation;\n\ne extracting a part or dividing into parts;\n\ne incorporating, including by cropping and cutting, the results or parts thereof in\nother works, such as on websites and webpages;\n\ne translating, inserting subtitles, dubbing in different language versions:\n\n- English, French, German;\n\n- all official languages of EU;\n\n- languages used within EU;\n\n- languages of candidate countries;\n- 0]\n\n[(f) rights to authorise or license the modes of exploitation set out in any of the points\n(a) to (e) to third parties, provided however that this does not apply to pre-existing rights",
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"content": "Contract number: [complete] Service contract conditions of December 2018\n\nand pre-existing materials, if they are only licensed to the Union, except as foreseen by\nArticle 11.13.2.;]]\n\n[(g) other adaptations which the parties may later agree; in such case, the following rules\napply: the contracting authority must consult the contractor. If necessary, the contractor\nmust in turn seek the agreement of any creator or other right holder and must reply to the\ncontracting authority within one month by providing its agreement, including any suggestions\nof modifications, free of charge. The contractor may refuse the intended modification only\nif a creator can demonstrate that the intended modification may harm his/her honour or\nreputation, thereby violating his/her moral rights. ]\n\nThe list above is in addition to whatever rights already accrue to the Union on the basis of\nexisting exceptions in the applicable legislation, such as the copyright exception to ensure\nthe proper performance or reporting of administrative proceedings, in cases where such\nexceptions apply.\n\n1.10.2. Licence or transfer of pre-existing rights\n\nAll pre-existing rights incorporated in the results, if any, are licensed to the Union as set\nout in Article I1.13.2.\n\n1.10.3. Provision of list of pre-existing rights and documentary evidence\n\nThe contractor must provide the contracting authority with a list of pre-existing rights as\nset out in Article 11.13.4 together with the invoice for payment of the balance at the latest.\n\n1.11. TERMINATION BY EITHER PARTY\n\nEither party may terminate the contract by sending formal notification to the other party\nwith one month written notice.\n\nIf the contract is terminated:\n(a) neither party is entitled to compensation;\n\n(b) the contractor is entitled to payment only for the services provided before\ntermination takes effect.\n\nThe second, third and fourth paragraphs of Article 11.18.4 apply.\n\n1.12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES\n\n1.12.1.The contract is governed by Union law, complemented, where necessary, by the law\nof Poland.\n\n1.12.2.The courts of Warsaw have exclusive jurisdiction over any dispute regarding the\ninterpretation, application or validity of the contract.\n\n1.13. [OTHER SPECIAL CONDITIONS]\n\nNot applicable\n\nSIGNATURES",
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"content": "Contract number: [complete] Service contract conditions of December 2018\n\nFor the contractor, For the contracting authority,\n\nRAND EUR FRONTEX\n\nSignature Signature\n\n \n\nDone at caAMmBRıNncE, LIKE JAOCT AO\\Y Done at WARSAW, 2019 -10- 16\n\nIn duplicate in English.",
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"content": "Contract number: NP/653/2019/AG Service contract conditions of December 2018\n\nIl. GENERAL CONDITIONS FOR THE SERVICE CONTRACT\n\n1.1. DEFINITIONS\n\nFor the purpose of this contract, the following definitions (indicated in italics in the text)\napply:\n\n‘Back office’: the internal system(s) used by the parties to process electronic invoices;\n\n‘Breach of obligations’: failure by the contractor to fulfil one or more of its contractual\nobligations.\n\n‘Confidential information or document’: any information or document received by either\nparty from the other or accessed by either party in the context of the performance of the\ncontract, that any of the parties has identified in writing as confidential. It may not include\ninformation that is publicly available;\n\n‘Conflict of interest’: a situation where the impartial and objective performance of the\ncontract by the contractor is compromised for reasons involving family, emotional life,\npolitical or national affinity, economic interest, any other direct or indirect personal\ninterest, or any other shared interest with the contracting authority or any third party\nrelated to the subject matter of the contract;\n\n‘Creator’: means any natural person who contributes to the production of the result;\n\n*EDI message’ (electronic data interchange): a message created and exchanged through the\nelectronic transfer, from computer to computer, of commercial and administrative data\nusing an agreed standard;\n\n‘e-PRIOR’: the service-oriented communication platform that provides a series of web\nservices and allows the exchange of standardised electronic messages and documents\nbetween the parties. This is done either through web services, with a machine-to-machine\nconnection between the parties’ back office systems (EDI messages), or through a web\napplication (the supplier portal). The Platform may be used to exchange electronic\ndocuments (e-documents) such as electronic requests for services, electronic specific\ncontracts, and electronic acceptance of services or electronic invoices between the parties.\n\n‘Force majeure’: any unforeseeable, exceptional situation or event beyond the control of\nthe parties that prevents either of them from fulfilling any of their obligations under the\ncontract. The situation or event must not be attributable to error or negligence on the part\nof the parties or on the part of the subcontractors and must prove to be inevitable despite\ntheir exercising due diligence. Defaults of service, defects in equipment or material or delays\nin making them available, labour disputes, strikes and financial difficulties may not be\ninvoked as force majeure, unless they stem directly from a relevant case of force majeure;\n\n‘Formal notification’ (or ‘formally notify’): form of communication between the parties\nmade in writing by mail or email, which provides the sender with compelling evidence that\nthe message was delivered to the specified recipient;\n\n‘Fraud’: an act or omission committed in order to make an unlawful gain for the perpetrator\nor another by causing a loss to the Union's financial interests, and relating to: i) the use or\npresentation of false, incorrect or incomplete statements or documents, which has as its\neffect the misappropriation or wrongful retention of funds or assets from the Union budget,\nii) the non-disclosure of information in violation of a specific obligation, with the same effect\nor iii) the misapplication of such funds or assets for purposes other than those for which they\nwere originally granted, which damages the Union's financial interests;",
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"content": "Contract number: [complete] Service contract conditions of December 2018\n\n'Grave professional misconduct': a violation of applicable laws or regulations or ethical\nstandards of the profession to which a contractor or a related person belongs, including any\nconduct leading to sexual or other exploitation or abuse, or any wrongful conduct of the\ncontractor or a related person which has an impact on its professional credibility where such\nconduct denotes wrongful intent or gross negligence.\n\n“Interface control document’: the guideline document which lays down the technical\nspecifications, message standards, security standards, checks of syntax and semantics, etc.\nto facilitate machine-to-machine connection. This document is updated on a regular basis;\n\n“Irregularity’: any infringement of a provision of Union law resulting from an act or omission\nby an economic operator, which has, or would have, the effect of prejudicing the Union’s\nbudget.\n\n‘“Notification’ (or ‘notify’): form of communication between the parties made in writing\nincluding by electronic means;\n\n‘Performance of the contract’: the execution of tasks and delivery of the purchased\nservices by the contractor to the contracting authority;\n\n‘Personnel’: persons employed directly or indirectly or contracted by the contractor to\nperform the contract;\n\n‘Pre-existing material’: any material, document, technology or know-how which exists prior\nto the contractor using it for the production of a result in the performance of the contract;\n\n‘Pre-existing right’: any industrial and intellectual property right on pre-existing material;\nit may consist in a right of ownership, a licence right and/or right of use belonging to the\ncontractor, the creator, the contracting authority as well as to any other third parties;\n\n‘Professional conflicting interest’: a situation in which the contractor’s previous or ongoing\nprofessional activities affect its capacity to perform the contract to an appropriate quality\nstandard.\n\n‘Related person’: any natural or legal person who is a member of the administrative,\nmanagement or supervisory body of the contractor, or who has powers of representation,\ndecision or control with regard to the contractor;\n\n‘Result’: any intended outcome of the performance of the contract, whatever its form or\nnature. A result may be further defined in this contract as a deliverable. A result may, in\naddition to newly created materials produced specifically for the contracting authority by\nthe contractor or at its request, also include pre-existing materials;\n\n‘Supplier portal’: the e-PRIOR portal, which allows the contractor to exchange electronic\nbusiness documents, such as invoices, through a graphical user interface.\n\nIl.2. ROLES AND RESPONSIBILITIES IN THE EVENT OF A JOINT TENDER\n\nIn the event of a joint tender submitted by a group of economic operators and where the\ngroup does not have legal personality or legal capacity, one member of the group is\nappointed as leader of the group.\n\n11.3. SEVERABILITY\n\nEach provision of this contract is severable and distinct from the others. If a provision is or\nbecomes illegal, invalid or unenforceable to any extent, it must be severed from the\nremainder of the contract. This does not affect the legality, validity or enforceability of any\nother provisions of the contract, which continue in full force and effect. The illegal, invalid\nor unenforceable provision must be replaced by a legal, valid and enforceable substitute\n\n1A",
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"number": 13,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\nprovision which corresponds as closely as possible with the actual intent of the parties under\nthe illegal, invalid or unenforceable provision. The replacement of such a provision must be\nmade in accordance with Article II.11. The contract must be interpreted as if it had\ncontained the substitute provision as from its entry into force.\n\n11.4. PERFORMANCE OF THE CONTRACT\n\n11.4.1 The contractor must provide services of high quality standards, in accordance with\nthe state of the art in the industry and the provisions of this contract, in particular\nthe tender specifications and the terms of its tender. Where the Union has the right\nto make modifications to the results, they must be delivered in a format and with\nthe necessary information which effectively allow such modifications to be made in\na convenient manner.\n\n11.4.2 The contractor must comply with the minimum requirements provided for in the\ntender specifications. This includes compliance with applicable obligations under\nenvironmental, social and labour law established by Union law, national law and\ncollective agreements or by the international environmental, social and labour law\nprovisions listed in Annex X to Directive 2014/24/EU? and compliance with data\nprotection obligations resulting from Regulation (EU) 2016/679° and Regulation (EU)\n2018/1725%.\n\n11.4.3 The contractor must obtain any permit or licence required in the State where the\nservices are to be provided.\n\n11.4.4 All periods specified in the contract are calculated in calendar days, unless otherwise\nspecified.\n\n11.4.5 The contractor must not present itself as a representative of the contracting\nauthority and must inform third parties that it is not part of the European public\nservice.\n\n11.4.6 The contractor is responsible for the personnel who carry out the services and\nexercises its authority over its personnel without interference by the contracting\nauthority. The contractor must inform its personnel that:\n\n(a) they may not accept any direct instructions from the contracting authority; and\n\n(b) their participation in providing the services does not result in any employment or\ncontractual relationship with the contracting authority.\n\n11.4.7 The contractor must ensure that the personnel performing the contract and any\nfuture replacement personnel possess the professional qualifications and experience\n\n \n\nm\n\nOJ L 94 of 28.03.2014, p. 65\n\n* Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016\non the protection of natural persons with regard to the processing of personal data and on\nthe free movement of such data, and repealing Directive 95/46/EC, OJ L 119, 4.5.2016, p.\n# https://eur-lex.europa.eu/legal-\ncontent/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG\n\n* Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October\n\n2018 on the protection of individuals with regard to the processing of personal data by the\n\nUnion institutions, bodies, offices and agencies and on the free movement of such data and\n\nrepealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295/39\n\n21.11.2018, https://eur-lex.europa.eu/legal-\n\ncontent/’EN/TXT/PDF/?uri=CELEX:32018R1725&from=EN\n\n \n\niı®",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 14,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\nrequired to provide the services, as the case may be on the basis of the selection\ncriteria set out in the tender specifications.\n\n11.4.8 At the contracting authority’s reasoned request, the contractor must replace any\nmember of personnel who:\n\n(a) does not have the expertise required to provide the services; or\n(b) has caused disruption at the premises of the contracting authority.\n\nThe contractor bears the cost of replacing its personnel and is responsible for any\ndelay in providing the services resulting from the replacement of personnel.\n\n11.4.9 The contractor must record and report to the contracting authority any problem that\naffects its ability to provide the services. The report must describe the problem,\nstate when it started and what action the contractor is taking to resolve it.\n\n11.4.10 The contractor must immediately inform the Contracting authority of any changes in\nthe exclusion situations as declared, according to Article 137 (1) of Regulation (EU)\n2018/1046.\n\n11.5. COMMUNICATION BETWEEN THE PARTIES\n11.5.1 Form and means of communication\nAny communication of information, notices or documents under the contract must:\n(a) be made in writing in paper or electronic format in the language of the contract;\n(b) bear the contract number;\n(c) be made using the relevant communication details set out in Article 1.8; and\n\n(d) be sent by mail, email or, for the documents specified in the special conditions,\n\nIf a party requests written confirmation of an e-mail within a reasonable time, the other\nparty must provide an original signed paper version of the communication as soon as possible,\n\nThe parties agree that any communication made by email has full legal effect and is\nadmissible as evidence in judicial proceedings.\n\n11.5.2 Date of communications by mail and email\n\nAny communication is deemed to have been made when the receiving party receives it,\nunless this contract refers to the date when the communication was sent.\n\nE-mail is deemed to have been received by the receiving party on the day of dispatch of that\ne-mail, provided that it is sent to the e-mail address indicated in Article 1.8. The sending\nparty must be able to prove the date of dispatch. In the event that the sending party receives\na non-delivery report, it must make every effort to ensure that the other party actually\nreceives the communication by email or mail. In such a case, the sending party is not held\nin breach of its obligation to send such communication within a specified deadline.\n\nMail sent to the contracting authority is deemed to have been received by the contracting\nauthority on the date on which the department responsible referred to in Article 1.8 registers\nit.",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 15,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\nFormal notifications are considered to have been received by the receiving party on the\ndate of receipt indicated in the proof received by the sending party that the message was\ndelivered to the specified recipient.\n\n11.5.3 Submission of e-documents via e-PRIOR\n\nIf provided for in the special conditions, the exchange of electronic documents (e-\ndocuments) such as invoices between the parties is automated through the use of the e-\nPRIOR platform. This platform provides two possibilities for such exchanges: either through\nweb services (machine-to-machine connection) or through a web application (the supplier\nportal).\n\nThe contracting authority takes the necessary measures to implement and maintain\nelectronic systems that enable the supplier portal to be used effectively.\n\nIn the case of machine-to-machine connection, a direct connection is established between\nthe parties’ back offices. In this case, the parties take the measures necessary on their side\nto implement and maintain electronic systems that enable the machine-to-machine\nconnection to be used effectively. The electronic systems are specified in the interface\ncontrol document. The contractor (or leader in the case of a joint tender) must take the\nnecessary technical measures to set up a machine-to-machine connection and at its own\ncost.\n\nIf communication via the supplier portal or via the web services (machine-to-machine\nconnection) is hindered by factors beyond the control of one party, it must notify the other\nimmediately and the parties must take the necessary measures to restore this\ncommunication.\n\nIf it is impossible to restore the communication within two working days, one party must\nnotify the other that alternative means of communication specified in Article 11.5.1 will be\nused until the supplier portal or the machine-to-machine connection is restored.\n\nWhen a change in the interface control document requires adaptations, the contractor (or\nleader in the case of a joint tender) has up to six months from receipt of the notification to\nimplement this change. This period can be shortened by mutual agreement of the parties.\nThis period does not apply to urgent measures required by the security policy of the\ncontracting authority to ensure integrity, confidentiality and non-repudiation of information\nand the availability of e-PRIOR, which must be applied immediately.\n\n11.5.4 Validity and date of e-documents\n\nThe parties agree that any e-document, including related attachments exchanged via e-\nPRIOR:\n\n(a) is considered as equivalent to a paper document;\n(b) is deemed to be the original of the document;\n\n(c) is legally binding on the parties once an e-PRIOR authorised person has performed\nthe ‘sign’ action in e-PRIOR and has full legal effect; and\n\n(d) constitutes evidence of the information contained in it and is admissible as evidence\nin judicial proceedings.\n\nThe parties expressiy waive any rights to contest the validity of such a document solely on\nthe grounds that communications between the parties occurred through e-PRIOR or that the\ndocument has been signed through e-PRIOR. If a direct connection is established between\nthe parties’ back offices to allow electronic transfer of documents, the parties agree that",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 16,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\nan e-document, sent as mentioned in the interface control document, qualifies as an EDI\nmessage.\n\nIf the e-document is dispatched through the supplier portal, it is deemed to have been\nlegally issued or sent when the contractor (or leader in the case of a joint tender) is able to\nsuccessfully submit the e-document without any error messages. The generated PDF and XML\ndocument for the e-document are considered as a proof of receipt by the contracting\nauthority.\n\nInthe event that an e-document is dispatched using a direct connection established between\nthe parties’ back offices, the e-document is deemed to have been legally issued or sent\nwhen its status is ‘received’ as defined in the interface control document.\n\nWhen using the supplier portal, the contractor (or leader in the case of a joint tender) can\ndownload the PDF or XML message for each e-document for one year after submission. After\nthis period, copies of the e-documents are no longer available for automatic download from\nthe supplier portal.\n\n1.5.5 Authorised persons in e-PRIOR\n\nThe contractor submits a request for each person who needs to be assigned the role of ‘user’\nin e-PRIOR. These persons are identified by means of the European Communication\nAuthentication Service (ECAS) and authorised to access and perform actions in e-PRIOR\nwithin the permissions of the user roles that the contracting authority has assigned to them.\n\nUser roles enabling these e-PRIOR authorised persons to sign legally binding documents such\nas specific tenders or specific contracts are granted only upon submission of supporting\ndocuments proving that the authorised person is empowered to act as a legal representative\nof the contractor.\n\n11.6. LIABILITY\n\n11.6.1 The contracting authority is not liable for any damage or loss caused by the\ncontractor, including any damage or loss to third parties during or as a consequence\nof performance of the contract.\n\n11.6.2 If required by the relevant applicable legislation, the contractor must take out an\ninsurance policy against risks and damage or loss relating to the performance of the\ncontract. It must also take out supplementary insurance as reasonably required by\nstandard practice in the industry. Upon request, the contractor must provide\nevidence of insurance coverage to the contracting authority.\n\n11.6.3 The contractor is liable for any loss or damage caused to the contracting authority\nduring or as a consequence of performance of the contract, including in the event of\nsubcontracting, but only up to an amount not exceeding three times the total amount\nof the contract. However, if the damage or loss is caused by the gross negligence or\nwilful misconduct of the contractor or of its personnel or subcontractors, as well as\nin the case of an action brought against the contracting authority by a third party for\nbreach of its intellectual property rights, the contractor is liable for the whole\namount of the damage or loss.\n\n11.6.4 If a third party brings any action against the contracting authority in connection with\nthe performance of the contract, including any action for alleged breach of\nintellectual property rights, the contractor must assist the contracting authority in\nthe legal proceedings, including by intervening in support of the contracting authority\nupon request.\nIf the contracting authority’s liability towards the third party is established and that",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 17,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\n11.6.5\n\n11.6.6\n\n1.7.1\n\n11.7.2\n\nsuch liability is caused by the contractor during or as a consequence of the\nperformance of the contract, Article II.6.3 applies.\n\nIf the contractor is composed of two or more economic operators (i.e. who submitted\na joint tender), they are all jointly and severally liable to the contracting authority\nfor the performance of the contract.\n\nThe contracting authority is not liable for any loss or damage caused to the contractor\nduring or as a consequence of performance of the contract, unless the loss or damage\nwas caused by wilful misconduct or gross negligence of the contracting authority.\n\n11.7. CONFLICT OF INTEREST AND PROFESSIONAL CONFLICTING INTERESTS\n\nThe contractor must take all the necessary measures to prevent any situation of\nconflict of interest or professional conflicting interest.\n\nThe contractor must notify the contracting authority in writing as soon as possible of\nany situation that could constitute a conflict of interest or a professional conflicting\ninterest during the performance of the contract. The contractor must immediately\ntake action to rectify the situation.\n\nThe contracting authority may do any of the following:\n\n(a) verify that the contractor’s action is appropriate;\n\n(b) require the contractor to take further action within a specified deadline;\n\n11.7.3\n\nThe contractor must pass on all the relevant obligations in writing to:\n\n(a) its personnel;\n\n(b) any natural person with the power to represent it or take decisions on its behalf;\n\n(c) third parties involved in the performance of the contract, including subcontractors.\n\n11.8.1\n\n11.8.2\n\nThe contractor must also ensure that the persons referred to above are not placed in\na situation which could give rise to conflicts of interest.\n\n11.8. CONFIDENTIALITY\nThe contracting authority and the contractor must treat with confidentiality any\ninformation or documents, in any format, disclosed in writing or orally relating to the\nperformance of the contract and identified in writing as confidential.\n\nEach party must:\n\n(a) not use confidential information or documents for any purpose other than to perform\nits obligations under the contract without the prior written agreement of the other\nparty;\n\n(b) ensure the protection of such confidential information or documents with the same\nlevel of protection as its own confidential information and in any case with due\ndiligence;\n\n(c) not disclose, directly or indirectly, confidential information or documents to third\nparties without the prior written agreement of the other party.\n\n1.8.3\n\nThe confidentiality obligations set out in this Article are binding on the contracting\nauthority and the contractor during the performance of the contract and for as long\nas the information or documents remain confidential unless:",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 18,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\n(a) the disclosing party agrees to release the receiving party from the confidentiality\nobligation earlier;\n\n(b) the confidential information or documents become public through other means than a\nbreach of the confidentiality obligation;\n\n(c) the applicable law requires the disclosure of the confidential information or documents.\n\n1.8.4 The contractor must obtain from any natural person with the power to represent it\nor take decisions on its behalf, as well as from third parties involved in the\nperformance of the contract, a commitment that they will comply with this Article.\nAt the request of the contracting authority, the contractor must provide a document\nproviding evidence of this commitment.\n\n11.9. PROCESSING OF PERSONAL DATA\n\n11.9.1 Processing of personal data by the contracting authority\n\nAny personal data included in or relating to the contract, including its implementation, shall\nbe processed in accordance with Regulation (EU) 2018/1725. Such data shall be processed\nsolely for the purposes of the implementation, management and monitoring of the contract\nby the data controller.\n\nThe contractor or any other person whose personal data is processed by the data controller\nin relation to this contract has specific rights as a data subject under Chapter Ill (Articles\n14-25) of Regulation (EU) 2018/1725, in particular the right to access, rectify or erase their\npersonal data and the right to restrict or, where applicable, the right to object to processing\nor the right to data portability.\n\nShould the contractor or any other person whose personal data is processed in relation to\nthis contract have any queries concerning the processing of its personal data, it shall address\nitself to the data controller. They may also address themselves to the Data Protection Officer\nof the data controller. They have the right to lodge a complaint at any time to the European\nData Protection Supervisor.\n\nDetails concerning the processing of personal data are available in the data protection notice\nreferred to in Article 1.9.\n\n11.9.2 Processing of personal data by the contractor\n\nThe processing of personal data by the contractor shall meet the requirements of Regulation\n(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the\nprotection of natural persons with regard to the processing of personal data and on the free\nmovement of such data, and repealing Directive 95/46/EC (General Data Protection\nRegulation) and be processed solely for the purposes set out by the controller.\n\nThe contractor shall assist the controller for the fulfilment of the controller’s obligation to\nrespond to requests for exercising rights of person whose personal data is processed in\nrelation to this contract as laid down in Chapter Ill (Articles 14-25) of Regulation (EU)\n2018/1725. The contractor shall inform without delay the controller about such requests.\n\nThe contractor may act only on documented written instructions and under the supervision\nof the controller, in particular with regard to the purposes of the processing, the categories\nof data that may be processed, the recipients of the data and the means by which the data\nsubject may exercise its rights.\n\nThe contractor shall grant personnel access to the data to the extent strictly necessary for\nthe implementation, management and monitoring of the contract. The contractor must\nensure that personnel authorised to process personal data has committed itself to",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 19,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\nconfidentiality or is under appropriate statutory obligation of confidentiality in accordance\nwith the provisions of Article 11.8.\n\nThe contractor shall adopt appropriate technical and organisational security measures,\ngiving due regard to the risks inherent in the processing and to the nature, scope, context\nand purposes of processing, in order to ensure, in particular, as appropriate:\n\n(a) the pseudonymisation and encryption of personal data;\n\n(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience\nof processing systems and services;\n\n(c) the ability to restore the availability and access to personal data in a timely manner\nin the event of a physical or technical incident;\n\n(d) a process for regularly testing, assessing and evaluating the effectiveness of technical\nand organisational measures for ensuring the security of the processing;\n\n(e) measures to protect personal data from accidental or unlawful destruction, loss,\nalteration, unauthorised disclosure of or access to personal data transmitted, stored\nor otherwise processed.\n\nThe contractor shall notify relevant personal data breaches to the controller without undue\ndelay and at the latest within 48 hours after the contractor becomes aware of the breach.\nIn such cases, the contractor shall provide the controller with at least the following\ninformation:\n\n(a) nature of the personal data breach including where possible, the categories and\napproximate number of data subjects concerned and the categories and approximate\nnumber of personal data records concerned;\n\n(b) likely consequences of the breach;\n\n(c) measures taken or proposed to be taken to address the breach, including, where\nappropriate, measures to mitigate its possible adverse effects.\n\nThe contractor shall immediately inform the data controller if, in its opinion, an instruction\ninfringes Regulation (EU) 2018/1725, Regulation (EU) 2016/679, or other Union or Member\nState data protection provisions as referred to in the tender specifications.\n\nThe contractor shall assist the controller for the fulfilment of its obligations pursuant to\nArticle 33 to 41 under Regulation (EU) 2018/1725 to:\n\n(a) ensure compliance with its data protection obligations regarding the security of the\nprocessing, and the confidentiality of electronic communications and directories of\nusers;\n\n(b) notify a personal data breach to the European Data Protection Supervisor;\n\n(c) communicate a personal data breach without undue delay to the data subject, where\napplicable;\n\n(d) carry out data protection impact assessments and prior consultations as necessary.\nThe contractor shall maintain a record of all data processing operations carried on behalf of\nthe controller, transfers of personal data, security breaches, responses to requests for\nexercising rights of people whose personal data is processed and requests for access to\npersonal data by third parties.\n\nThe contracting authority is subject to Protocol 7 of the Treaty on the Functioning of the\nEuropean Union on the privileges and immunities of the European Union, particularly as\nregards the inviolability of archives (including the physical location of data and services as\nset out in Article 1.9.2) and data security, which includes personal data held on behalf of the\ncontracting authority in the premises of the contractor or subcontractor.\n\nThe contractor shall notify the contracting authority without delay of any legally binding\nrequest for disclosure of the personal data processed on behalf of the contracting authority\nmade by any national public authority, including an authority from a third country. The\ncontractor may not give such access without the prior written authorisation of the\ncontracting authority.",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 20,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\nThe duration of processing of personal data by the contractor will not exceed the period\nreferred to in Article 11.24.2. Upon expiry of this period, the contractor shall, at the choice\nof the controller, return, without any undue delay in acommonly agreed format, all personal\ndata processed on behalf of the controller and the copies thereof or shall effectively delete\nall personal data unless Union or national law requires a longer storage of personal data.\n\nFor the purpose of Article 11.10, if part or all of the processing of personal data is\nsubcontracted to a third party, the contractor shall pass on the obligations referred to in\nArticles 1.9.2 and Il.9.2 in writing to those parties, including subcontractors. At the request\nof the contracting authority, the contractor shall provide a document providing evidence of\nthis commitment.\n\n11.10. SUBCONTRACTING\n\n11.10.1 The contractor must not subcontract and have the contract performed by third\nparties beyond the third parties already mentioned in its tender without prior written\nauthorisation from the contracting authority.\n\n11.10.2 Even if the contracting authority authorises subcontracting, the contractor remains\nbound by its contractual obligations and is solely responsible for the performance of\nthis contract.\n\n11.10.3 The contractor must ensure that the subcontract does not affect the rights of the\ncontracting authority under this contract, particularly those under Articles 11.8, 11.13\nand 11.24.\n\n11.10.4 The contracting authority may request the contractor to replace a subcontractor\nfound to be in a situation provided for in points (d) and (e) of Article 11.18.1.\n\n11.11. AMENDMENTS\n\n11.11.1 Any amendment to the contract must be made in writing before all contractual\nobligations have been fulfilled.\n\n11.11.2 Any amendment must not make changes to the contract that might alter the initial\nconditions of the procurement procedure or result in unequal treatment of tenderers.\n\n11.12. ASSIGNMENT\n\n11.12.1 The contractor must not assign the rights and obligations arising from the contract,\nincluding claims for payments or factoring, without prior written authorisation from\nthe contracting authority. In such cases, the contractor must provide the contracting\nauthority with the identity of the intended assignee.\n\n11.12.2 Any right or obligation assigned by the contractor without authorisation is not\nenforceable against the contracting authority.\n\n11.13. INTELLECTUAL PROPERTY RIGHTS\n11.13.1. Ownership of the rights in the results\nThe Union acquires irrevocably worldwide ownership of the results and of all intellectual\nproperty rights on the newly created materials produced specifically for the Union under the\n\ncontract and incorporated in the results, without prejudice however to the rules applying\nto pre-existing rights on pre-existing materials, as per Article 11.13.2.\n\nIr",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 21,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\nThe intellectual property rights so acquired include any rights, such as copyright and other\nintellectual or industrial property rights, to any of the results and in all technological\nsolutions and information created or produced by the contractor or by its subcontractor in\nin performance of the contract. The contracting authority may exploit and use the acquired\nrights as stipulated in this contract. The Union acquires all the rights as from the moment\nthe contractor has created the results.\n\nThe payment of the price includes any fees payable to the contractor about the acquisition\nof ownership of rights by the Union including for all modes of exploitation and of use of the\nresults.\n\n11.13.2. Licensing rights on pre-existing materials\n\nUnless provided otherwise in the special conditions, the Union does not acquire ownership\nof pre-existing rights under this contract.\n\nThe contractor licenses the pre-existing rights on a royalty-free, non-exclusive and\nirrevocable basis to the Union, which may use the pre-existing materials for all the modes\nof exploitation set out in this contract. Unless otherwise agreed, the licence is non-\ntransferable and cannot be sub-licensed, except as provided hereafter:\n\n(a) the pre-existing rights can be sub-licensed by the contracting authority to persons and\nentities working for it or cooperating with it, including contractors and subcontractors,\nwhether legal or natural persons, but only for the purpose of their mission for the Union;\n\n(b) if the result is a \"document\" such as a report or a study, and it is meant to be published,\nthe existence of pre-existing materials in the result may not prevent the publication of the\ndocument, its translation or its \"reuse”, it being understood however that the \"reuse\" may\nonly be made of the result as a whole and not of the pre-existing materials taken separately\nfrom the result; for the sake of this provision, \"reuse\" and \"document\" have the meaning\ngiven by the Commission Decision of 12 December 2011 on the reuse of Commission\ndocuments (2011/833/EU).\n\nAll pre-existing rights are licensed to the Union from the moment the results are delivered\nand approved by the contracting authority.\n\nThe licensing of pre-existing rights to the Union under this contract covers all territories\nworldwide and is valid for the duration of intellectual property rights protection.\n\nThe payment of the price as set out in this contract is deemed to also include any fees\npayable to the contractor in relation to the licensing of pre-existing rights to the Union,\nincluding for all forms of exploitation and of use of the results.\n\nWhere implementation of the contract requires that the contractor uses pre-existing\nmaterials belonging to the contracting authority, the contracting authority may request that\nthe contractor signs an adequate licence agreement. Such use by the contractor will not\nentail any transfer of rights to the contractor and is limited to the needs of this contract.\n\n11.13.3. Exclusive rights\nThe Union acquires the following exclusive rights:\n\n(a) reproduction: the right to authorise or prohibit direct or indirect, temporary or\npermanent reproduction of the results by any means (mechanical, digital or other) and\nin any form, in whole or in part;\n\n(b) communication to the public: the exclusive right to authorise or prohibit any display,\nperformance or communication to the public, by wire or wireless means, including the\nmaking available to the public of the results in such a way that members of the public\n\nan",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 22,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\n(k)\n\nmay access them from a place and at a time individually chosen by them; this also\nincludes the communication on Internet and broadcasting by cable or by satellite;\n\ndistribution: the exclusive right to authorise or prohibit any form of distribution of\nresults or copies of the results to the public, by sale or otherwise;\n\nrental: the exclusive right to authorise or prohibit rental or lending of the results or of\ncopies of the results;\n\nadaptation: the exclusive right to authorise or prohibit any modification of the results;\n\ntranslation: the exclusive right to authorise or prohibit any translation, adaptation,\narrangement, creation of derivative works based on the results, and any other alteration\nof the results, subject to the respect of moral rights of authors, where applicable;\n\nwhere the results are or include a database: the exclusive right to authorise or prohibit\nthe extraction of all or a substantial part of the contents of the database to another\nmedium by any means or in any form; and the exclusive right to authorise or prohibit\nthe re-utilization of all or a substantial part of the contents of the database by the\ndistribution of copies, by renting, by on-line or other forms of transmission;\n\nwhere the results are or include a patentable subject-matter: the right to register them\nas a patent and to further exploit such patent to the fullest extent;\n\nwhere the results are or include logos or subject-matter which could be registered as a\ntrademark: the right to register such logo or subject-matter as a trademark and to\nfurther exploit and use it;\n\nwhere the results are or include know-how: the right to use such know-how as is\nnecessary to make use of the results to the full extent provided for by this contract,\nand the right to make it available to contractors or subcontractors acting on behalf of\nthe contracting authority, subject to their signing of adequate confidentiality\nundertakings where necessary;\n\nwhere the results are documents:\n\n(i) the right to authorise the reuse of the documents in conformity with the\nCommission Decision of 12 December 2011 on the reuse of Commission documents\n(2011/833/EU), to the extent it is applicable and the documents fall within its\nscope and are not excluded by any of its provisions; for the sake of this provision,\n\"reuse\" and \"document\" have the meaning given to them by this Decision;\n\n(ii) the right to store and archive the results in line with the document management\nrules applicable to the contracting authority, including digitisation or converting\nthe format for preservation or new use purposes;\n\nwhere the results are or incorporate software, including source code, object code and,\nwhere relevant, documentation, preparatory materials and manuals, in addition to the\nother rights mentioned in this Article:\n\n(i) end-user rights, for all uses by the Union or by subcontractors which result from\nthis contract and from the intention of the parties;\n\n(ii) the rights to receive both the source code and the object code;\n\n(m) the right to license to third parties any of the exclusive rights or of the modes of\n\nexploitation set out in this contract; however, for pre-existing materials which are only\nlicensed to the Union, the right to sub-license does not apply, except in the two cases\nforeseen by Article 11.13.2.;\n\nIA",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 23,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\n(n) to the extent that the contractor may invoke moral rights, the right for the contracting\nauthority, except where otherwise provided in this contract, to publish the results with\nor without mentioning the creator(s)’ name(s), and the right to decide when and\nwhether the results may be disclosed and published.\n\nThe contractor warrants that the exclusive rights and the modes of exploitation may be\nexercised by the Union on all parts of the results, be it via a transfer of ownership of the\nrights, on those parts which were specifically created by the contractor, or via a licence of\nthe pre-existing rights, on those parts consisting of pre-existing materials.\n\nWhere pre-existing materials are inserted in the results, the contracting authority may\naccept reasonable restrictions impacting on the above list, provided that the said materials\nare easily identifiable and separable from the rest, that they do not correspond to\nsubstantial elements of the results, and that, should the need arise, satisfactory\nreplacement solutions exist, at no additional costs to the contracting authority. In such case,\nthe contractor will have to clearly inform the contracting authority before making such\nchoice and the contracting authority has the right to refuse it.\n\n11.13.4. Identification of pre-existing rights\n\nWhen delivering the results, the contractor must warrant that, for any use that the\ncontracting authority may envisage within the limits set in this contract, the newly created\nparts and the pre-existing material incorporated in the results are free of claims from\ncreators or from any third parties and all the necessary pre-existing rights have been\nobtained or licensed.\n\nTo that effect, the contractor must establish a list of all pre-existing rights to the results of\nthis contract or parts thereof, including identification of the rights’ owners. If there are no\npre-existing rights to the results, the contractor must provide a declaration to that effect.\nThe contractor must provide this list or declaration to the contracting authority together\nwith the invoice for payment of the balance at the latest.\n\n11.13.5. Evidence of granting of pre-existing rights\n\nUpon request by the contracting authority, the contractor must, in addition to the list\nmentioned under Article 11.13.4., provide evidence that it has the ownership or the right to\nuse all the listed pre-existing rights, except for the rights owned or licensed by the Union.\nThe contracting authority may request this evidence even after the end of this contract.\n\nThis provision also applies to image rights and sound recordings.\n\nThis evidence may refer, for example, to rights to: parts of other documents, images,\ngraphs, sounds, music, tables, data, software, technical inventions, know-how, IT\ndevelopment tools, routines, subroutines or other programs (“background technology’),\nconcepts, designs, installations or pieces of art, data, source or background materials or any\nother parts of external origin.\n\nThis evidence must include, as appropriate:\n(a) the name and version number of a software product;\n\n(b) the full identification of the work and its author, developer, creator, translator,\ndata entry person, graphic designer, publisher, editor, photographer, producer;\n\n(c) acopy of the licence to use the product or of the agreement granting the relevant\nrights to the contractor or a reference to this licence;\n\n2",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 24,
"content": "Contract number: [complete] Service contract conditions of December 2018\n\n(d) a copy of the agreement or extract from the employment contract granting the\nrelevant rights to the contractor where parts of the results were created by its\npersonnel;\n\n(e) the text of the disclaimer notice if any.\n\nProvision of evidence does not release the contractor from its responsibilities if it is found\nthat it does not hold the necessary rights, regardless of when and by whom this fact is\nrevealed.\n\nThe contractor also warrants that it possesses the relevant rights or powers to execute the\ntransfer and that it has paid or has verified payment of all due fees including fees due to\ncollecting societies, related to the final results.\n\n1.13.6. Quotation of works in the result\n\nIn the result, the contractor must clearly point out all quotations of existing works. The\ncomplete reference should include as appropriate, the following: name of the author, title\nof the work, date and place of publication, date of creation, address of publication on the\ninternet, number, volume and other information that allows the origin to be easily\nidentified.\n\n11.13.7. Moral rights of creators\n\nBy delivering the results, the contractor warrants that the creators will not object to the\nfollowing on the basis of their moral rights under copyright:\n\n(a) that their names be mentioned or not mentioned when the results are presented to\nthe public;\n\n(b) that the results be divulged or not after they have been delivered in their final\nversion to the contracting authority;\n\n(c) that the results be adapted, provided that this is done in a manner which is not\nprejudicial to the creator’s honour or reputation.\n\nIf moral rights on parts of the results protected by copyright may exist, the contractor must\nobtain the consent of creators regarding the granting or waiver of the relevant moral rights\nin accordance with the applicable legal provisions and be ready to provide documentary\nevidence upon request.\n\n1.13.8. Image rights and sound recordings\n\nIf natural persons appear in a result or their voice or any other private element is recorded\nin a recognisable manner, the contractor must obtain a statement by these persons (or, in\nthe case of minors, by the persons exercising parental authority) giving their permission for\nthe described use of their image, voice or private element and, on request, submit a copy\nof the permission to the contracting authority. The contractor must take the necessary\nmeasures to obtain such consent in accordance with the applicable legal provisions.\n\n1.13.9. Copyright notice for pre-existing rights\n\nWhen the contractor retains pre-existing rights on parts of the results, reference must be\ninserted to that effect when the result is used as set out in Article 1.10.1, with the following\ndisclaimer: ‘© — year — European Union. All rights reserved. Certain parts are licensed under\nconditions to the EU’, or with any other equivalent disclaimer as the contracting authority\nmay consider best appropriate, or as the parties may agree on a case-by-case basis. This\ndoes not apply where inserting such reference would be impossible, notably for practical\nreasons.\n\nNZ",
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"document": "https://fragdenstaat.de/api/v1/document/155547/",
"number": 25,
"content": "Contract number: [complete] Service contract conditions of December 2018\n11.13.10, Visibility of Union funding and disclaimer\n\nWhen making use of the results, the contractor must declare that they have been produced\nunder a contract with the Union and that the opinions expressed are those of the contractor\nonly and do not represent the contracting authority’s official position. The contracting\nauthority may waive this obligation in writing or provide the text of the disclaimer.\n\n11.14. FORCE MAJEURE\n\n11.14.1 If a party is affected by force majeure, it must immediately notify the other party,\nstating the nature of the circumstances, their likely duration and foreseeable effects.\n\n11.14.2 A party is not liable for any delay or failure to perform its obligations under the\ncontract if that delay or failure is a result of force majeure. If the contractor is\nunable to fulfil its contractual obligations owing to force majeure, it has the right to\nremuneration only for the services actually provided.\n\n11.14.3 The parties must take all necessary measures to limit any damage due to force\nmajeure.\n\n11.15. LIQUIDATED DAMAGES\n11.15.1. Delay in delivery\n\nIf the contractor fails to perform its contractual obligations within the applicable time limits\nset out in this contract, the contracting authority may claim liquidated damages for each\nday of delay using the following formula:\n\n0.3 x (V/d)\nwhere\n\nV is the price of the relevant purchase or deliverable or result or, failing that, the\nprice specified in Article 1.4.1;\n\ndis the duration specified for delivery of the relevant purchase or deliverable or result\nor, failing that, the duration of performance of the contract specified in Article 1.3.3\nexpressed in days.\n\nLiquidated damages may be imposed together with a reduction in price under the conditions\nlaid down in Article 11.16.\n\n11.15.2. Procedure\n\nThe contracting authority must formally notify the contractor of its intention to apply\nliquidated damages and the corresponding calculated amount.\n\nThe contractor has 30 days following the date of receipt to submit observations. Failing that,\nthe decision becomes enforceable the day after the time limit for submitting observations\nhas elapsed.\n\nIf the contractor submits observations, the contracting authority, taking into account the\nrelevant observations, must notify the contractor:\n\n(a) of the withdrawal of its intention to apply liquidated damages; or\n\n(b) of its final decision to apply liquidated damages and the corresponding amount.\n\nte;",
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