[Fiware-pcc] FI-PPP Phase 2 Revision 4

[Juanjo Hierro]

Dear David and Peter,

  I appreciate David's response to our comments but, regarding the point below, I would like to stress that it should be the European Commission who makes a formal statement on the matter.   Therefore, until we receive an email from the European Commission on the matter, we understand this issue is not closed.

  We would like to emphasize that whatever that statement about prevalence is, it should be also included in the DoW and become part of the governance model document.

  With a clear statement by the European Commission, it will then be more clear what the options are and partners can take an informed decision about next steps in the process.

  Best regards,

-- Juanjo

On 05/03/13 09:39, David Kennedy wrote:

  *   There is no agreement regarding prevalence of the DoW over the Collaboration Agreement and Consortium Agreement.   SAP, IBM and maybe Thales object using the DoW as a mechanism for fast-tracking changes in the Collaboration Agreement, such as changes in the governance model.  Others like Telefonica will agree that the DoW prevails and therefore introducing changes in the DoW could be seen as a way to make some fast-track amendments to the Collaboration Agreement, overall with regards to changes that do not break the spirit of the Collaboration Agreement.  We would kindly ask the EC to clarify their position about prevalence of the DoW, Consortium Agreement and Collaboration Agreement.   We suggest that any prevalence rule should be explicitly made in the document that prevails, particularly in the governance model document.
There does not need to be agreement here – the DoW is part of the contract with the commission to do the work.  This is the primary contract as no other contract describes the work to be done.  The Collaboration agreement is an agreement between parties across a set of projects covering their interworking principles – many of its principles are to ensure it cannot overrule the DoW contract.  The consortium agreement is between the partners in an individual project. I presume it references both the DoW and the CA as these are the frameworks in which the project must work.



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