Dear Luis, Dear all Please find attached some comments about this new version. We may have further comments in particular about new financial provisions Best regards De : ppp-tf-proposal-bounces at tid.es<mailto:ppp-tf-proposal-bounces at tid.es> [mailto:ppp-tf-proposal-bounces at tid.es] De la part de LUIS GARCIA GARCIA Envoyé : mercredi 24 septembre 2014 15:36 À : ficore-legal at lists.fi-ware.org<mailto:ficore-legal at lists.fi-ware.org> Cc : ppp-tf-proposal at tid.es<mailto:ppp-tf-proposal at tid.es> Objet : [PPP-TF-proposal] FI-CORE CONSORTIUM AGREEMENT Dear partners: Thanks for your comments to the initially proposed agreement. Attached you will find the second version of the FI-CORE Consortium Agreement in which we´ve tried to include most of your inputs. The main modification we´ve included is referred to the Payment Clause: As many partners have expressed their concern about this clause (specially SMEs) and FI-CORE is a 24th month project, we have suppressed the "two tranches systems" that worked in FIWARE (36 months). Accordingly, both the pre-financing and the Interim Payment will be paid 100% by the Coordinator not later than thirty (30) days from their receipt. At the same time, and to protect the Consortium from the eventual risks associated to this new payment method, we´ve included several rules to ensure that certain reimbursements, in some specific cases, are done on time by the relevant partners. Together with these "reimbursement security measures" we´ve included the rules to make additional payments, in certain situations, to new partners joining the Project (i.e. through the Open Call) or to partners that have increased their budget/effort in the project. We hope that this new wording is acceptable for all of you Together with the above mentioned modification, we´ve maintained the possibility of delaying the payment (now only referred to the Interim Payment) in those cases in which the Coordinator "determined within such thirty (30) days period, based on internal reviews, results of review of the EC, milestones fulfillment, and confirmation of the relevant work-package leaders, that a Party has materially failed to meet its delivery milestones as defined in Annex 1 of the GA". Our experience shows that it is not practical at all to refer this decission to the Board, as Board decisions require a long time, excessive for the daily management needs of the Project. Notwithstanding, and to avoid any arbitrary decision of the Coordinator, the CA clearly establishes that in case that the affected party objects, "the final decision will be taken by the Board according to the provisions of clause 3.3.2.4." *********** We kindly invite to check this new version and to send your comments before next Monday 29th. Please, try to minimaze them as we must conclude this agreement within the 45 days following the signature of the Grant Agreement (signed by the Commission last 16th September). As soon as we collect all the comments received up to that date, we´ll prepare a new version and convene a Conference Call to definitively close any pending issues that may still be open. Don´t forget to send me your heading and contact details for the CA¡ Thanks and regards Luis García García Telefónica I+D Asesoría Jurídica // Legal Department Distrito T, Edificio Oeste 1, 6ª planta Ronda de la Comunicación s/n 28050- Madrid (Spain) _________________________________________________________________________________________________________________________ Ce message et ses pieces jointes peuvent contenir des informations confidentielles ou privilegiees et ne doivent donc pas etre diffuses, exploites ou copies sans autorisation. Si vous avez recu ce message par erreur, veuillez le signaler a l'expediteur et le detruire ainsi que les pieces jointes. Les messages electroniques etant susceptibles d'alteration, Orange decline toute responsabilite si ce message a ete altere, deforme ou falsifie. Merci. 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