[Ficore-legal] EIT ICT Labs comments on consortium agreement

Anne De Moor anne.demoor at eitictlabs.eu
Tue Sep 16 13:33:42 CEST 2014


Dear all,


Please find herewith the comments from the side of EIT ICT Labs on the proposed consortium agreement for FI-CORE. We were not able to provide our comments earlier.

Section 3.1.1.4 : EIT ICT Labs agrees with the comments formulated by IBM. We support the position that it should be up to the Board to decide whether or not a Partner has failed to meet its delivery milestone.
Section 3.2.2.7 and 3.3.2.5 - veto rights : EIT ICT Labs agrees with the comments formulated by  IBM in the sense that veto rights are an important mechanism to protect the partners interest.
Section 3.2.2.2:  EIT ICT Labs agrees with the comments from ATOS : a point that is not on the agenda can only be added if all members are present or represented and agree. 
Section 4.3.1:  EIT ICT Labs agrees with the comments from Atos : in most of the consortium agreements there is a confidentiality clause inserted into the text of the proposal. Having to conclude separate NDA’s is indeed burdensome, the consortium agreement should be completed with a section on confidentiality.

We see that in the consortium agreement reference is made to the Collaboration Agreement : we would like to know what the status is of this Collaboration Agreement. This is an important point.

Please find in attachment the text of the consortium agreement with some additional remarks from our side.

Kind regards
anne de moor
legal counsel


________________________________________
Van: ficore-legal-bounces at lists.fi-ware.org <ficore-legal-bounces at lists.fi-ware.org> namens ficore-legal-request at lists.fi-ware.org <ficore-legal-request at lists.fi-ware.org>
Verzonden: maandag 15 september 2014 15:24
Aan: Anne De Moor
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