Modèles n°1 de « Supplementary Agreement »
« Principal Investigator » titulaire CNRS et « Host institution » CNRS
SUPPLEMENTARY AGREEMENT
(Support for frontier research)
[name of the legal entity hosting and engaging the principal investigator], (hereinafter
referred to as “Beneficiary”)
of the one part,
[name of the Principal investigator], nationality, passport n°XXX, [indiquer la qualité du PI]
(hereinafter referred to as “Principal investigator”)
of the other part,
Have agreed to the following terms and conditions and fully accept the terms defined in the
grant agreement (ERC Grant agreement n° XXX), which have the same meaning in this
agreement.1
1. Scope of the Supplementary agreement
The present Supplementary agreement shall determine the conditions for implementing the
project “[project full title]” (hereinafter referred to as “Project”) and the respective rights and
obligations of the Principal investigator and the Beneficiary. Provisions of this Supplementary
agreement, which are not in accordance with the Grant agreement, shall be deemed to be void.
2. Rights and obligations of the beneficiary
The Beneficiary shall:
1. support the Principal investigator in the management of the team and provide
reasonable administrative assistance to the Principal investigator, in particular as
regards:
a.
b.
c.
d.
the timeliness and clarity of financial information,
the general management and reporting of finances,
the advice on internal Beneficiary strategies and ERC or Commission policies,
the organisation of project meetings as well as the general logistics of the
project.
1 Grant agreement means the ERC grant agreement including its annexes between the beneficiary and the European community under the
Seventh Framework Programme (FP7).
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2. provide research support to the Principal investigator and his/her team members
throughout the duration of the Project in accordance with Annex 1, in particular as
regards infrastructure, equipment, products and other services as necessary for the
conduct of the research;
3. ensure that the Principal investigator and his/her team members enjoy, on a royaltyfree basis, access rights to the background and the foreground needed for their
activities under the project as specified in Annex 1;
4. guarantee adequate conditions to the Principal investigator, in particular as regards:
a.
b.
c.
the provisions for annual, sickness and parental leaves,
the occupational health and safety standards,
the general social security scheme, such as pension rights.
5. ensure the necessary scientific autonomy to the Principal investigator, in particular as
regards:
a.
b.
c.
d.
the selection of other team members, hosted and engaged by the beneficiary or
other legal entities, in line with profiles needed to conduct the research,
including the appropriate advertisement;
control over the budget in terms of its use to achieve the scientific objectives;
the authority to deliver scientific reports to the Commission;
the authority to publish as senior author and invite as co-authors only those who
have contributed substantially to the reported work.
6. inform the principal investigator on any circumstances affecting the implementation of
the project or leading potentially to a suspension or termination of the grant
agreement;
7. subject to the observance of applicable national law and to the agreement of the
Commission, transfer the Grant agreement as well as any pre- financing of the grant
not covered by an accepted cost claim to a new beneficiary, should the Principal
investigator request to transfer the entire Project or part of it to this new beneficiary.
The Beneficiary shall submit a substantiated request for amendment or notify the
Commission in case of its objection to the transfer.
3. Rights and obligations of the Principal investigator
The Principal investigator shall:
1.
a) take all appropriate steps towards the effective supervision of the scientific and
technological execution of the Project;
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b) be in charge of the scientific reporting and contribute effectively to the financial
management reporting on the Project;
c) inform the Beneficiary in due time of any event or change in circumstances which are
likely to have an effect on the performance of the Grant agreement, inter alia:
- a planned transfer of the Project to a new Beneficiary;
- any modification relating to the information having served as a basis to the
signature of the supplementary agreement referred to in article 2 of the Grant
agreement
- any modification relating to the information having served as a basis for the
award of the ERC grant;
- any personal grounds affecting the implementation of the project.
d) respect the confidentiality rules in accordance with Article II.9 of the Grant
agreement.
e) Acknowledge the support of the Community for an ERC grant in any dissemination
activities, such as in related publications or other media in accordance with Article
II.12 of the Grant agreement.
2. the Principal investigator shall respect the intellectual property rights of the beneficiary
during and after the Project;
3. the Principal investigator shall propose in writing to the Beneficiary in the case he/she
decides to transfer the Project to a new Beneficiary to which extent the Project shall be
transferred. He/she shall also make in writing a proposal to the Beneficiary on the modalities
of the transfer arrangement with the new beneficiary.
4. the Principal investigator shall provide to the Beneficiary in the case of transfer to the new
Beneficiary a statement describing in detail the results of the conducted research up to the
time of transfer of the Project and he/she shall transmit a copy of this statement to the
Commission.
4. Intellectual property, publicity and dissemination of the foreground
[Name of Principal investigator] hereby represents that he/she has familiarised him/herself
with the ERC Grant agreement executed by the CNRS with the Commission, as well as its
Annexes I and II. He/she acknowledges that he/she has gauged the extent of the obligations
set forth in these clauses and hereby agrees to comply therewith and to respect the content
thereof.
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Ownership of the foreground
In accordance with effective legislation on intellectual property (in particular, Articles L. 6117 and R. 611-11 to R. 611-14 of the French Intellectual Property Code), inventions created by
the Principal investigator as the CNRS’ agent, belong to the Beneficiary.
The software created by the Principal investigator pursuant to this Agreement belongs to the
Beneficiary under Article L.113-9 of said French Intellectual Property Code.
The Principal investigator hereby acknowledges that the Beneficiary owns any other result,
whether able to be protected by an intellectual property right or not.
Moreover, by assigning specific rights, the Principal investigator undertakes to transfer full
and total ownership of the results protected by copyright which he/she may obtain, or which
he/she may contribute to obtaining, to the Beneficiary.
Only the Beneficiary has the right to register the intellectual property rights relating to the
aforementioned results.
All these provisions shall survive the expiry date of the Project.
Project portability
Should the Principal investigator elect to transfer all or part of the Project to a new
beneficiary, he/she shall ensure vis-à-vis the latter that the Beneficiary shall freely dispose of
the Foreground generated up to the Project transfer date.
Moreover, the Principal investigator shall also ensure vis-à-vis the new beneficiary that the
latter agrees to grant the Beneficiary access rights to the Foreground generated subsequent to
the transfer of the Project, provided the latter are needed for use of the Beneficiary’s
Foreground. In this case, the Beneficiary and the new beneficiary shall negotiate the
conditions for exercising said access rights.
Failing this, the Beneficiary reserves the right to object to the transfer of the Project by
referring the matter to the Commission in accordance with Articles II.2d)vii. of Annex II
(Single beneficiary) and II.2.3a)vii of Annex II (Multi-beneficiary) to the ERC Grant
agreement.
Publicity – Publication – Dissemination of the Foreground
In respect of any and all dissemination activities, and as a supplement to Article 3.1.e) hereof,
the Principal investigator undertakes to mention the CNRS unit to which he/she was assigned
and to expressly refer to the CNRS by name.
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Moreover, the Principal Investigator commits his/herself to realize all planned publication or
dissemination about the project in compliance with Article II.28.3 and in respect of the
involvements of CNRS towards the Commission.
In accordance with Articles II.30.3. of Annex II (Single beneficiary) and II.30.4. of Annex II
(Multi-beneficiary) to the ERC Grant agreement, any and all publication or other
dissemination relating to the Foreground shall mention the Community’s financial backing as
follows:
“The research leading to these results has received funding from the European Research
Council under the European Community’s Seventh Framework Programme (FP7/2007-2013
Grant Agreement no. [xxxxx]”.
5. Miscellaneous
The law of France shall be applicable to this Supplementary agreement. All disputes arising
from this agreement shall be settled in France.
This agreement is made in three counterparts, one for the Principal investigator, one for the
Beneficiary and the other for the Commission.
6. Annexes
The following annexes form an integral part of this agreement:
The ERC agreement n° XXX including, inter alia;
● Annex I (Description of Work)
● Annex II (ERC General conditions)
Done at .............…, in three originals, in English
For the beneficiary
Signature of legal representative
Signature of Principal investigator
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