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Väljaminev kiriAvalik

PA Transport juhtpartneri leping

Majandus- ja Kommunikatsiooniministeerium · 31. august 2022
Viit
24.1-6/2022/1749-8
Registreeritud
31. august 2022
Dokumendi liik
Väljaminev kiri
Adressaat
Investitionsbank Schleswig-Holstein; Interreg Baltic Sea Region, Managing Authority/Joint Secretariat |
Saabumis/saatmisviis
tähitud post
Funktsioon
24.1 EL ja rahvusvahelise koostöö korraldamine
Sari
24.1-6/S Rahvusvahelise koostöö korraldamisega seotud kirjavahetus (Arhiiviväärtuslik)
Toimik
24.1-6/2022
Vastutaja
Tarmo Ots (Majandus- ja Kommunikatsiooniministeerium, Kantsleri valdkond, Transpordi valdkond, Meremajandusosakond)

Failid

  • 📎24.1-6-2022-1749-8 22.09.2022 Leping.pdf906 KB

Sisu (failidest)

Co-fundedby III’,. BalticSeaReglon the European Union .,II’ Interreg Baltic Sea Region Managing Authority/ioint Secretariat IB.SH Investitionsbank Schleswig-Holstein Grubenstrasse 20 Interreg BaItic Sea Region / Grubenstrasse 20 / 18055 Rostock / Germany 18055 Rostock Majandus- ja Kommunikatsiooniministeerium Germany Tarmo Ots Suur-Ameerika 1 10122 Tallinn Estonia Vaclav Kaplan 49 381 454 845 290 Phone [email protected] E-MaiI 13/09/2022 Date Ref.: #A006, PA Transport Subsidy contract - Dear Tarmo Ots, Thank you for returning two signed copies of the subsidy contract for the project #A006 PA Transport. Both copies of the subsidy contract have been signed by the MA/is and we have the pleasure to return to you one duly signed original. We would like to support the good start of your project by recalling the most important issues: O Project duration: Starting with 01/01/2022 ali project-related expenditure 15 eiigible for Programme co-fInancing. The impiementation of activities and outputs has to be finaiised at the iatest on 31/12/2024. Payments can stiil be made until 31/03/2025. However, the periodfrom 01/01/2025 until 31/03/2025 15 reserved for compiiing and certifying the final progress report only and no content impiementation can take place during this period. O Partnership agreement: Piease note that you have to conclude a partnership agreement with ali project partners. The MA/JS will only reimburse Programme co financing to project partners that signed the partnership agreement. The latest date for the signature of the partnership agreement is the due date of the second progress report as set out in BAMOS. O Progress report: The MA/JS monitors the progress on project achievements and expenditure through progress reports. The reporting procedure and forms wil! be introduced in due time before the reporting deadiine. Feel free to contact us at any time if you have any further questions. Managing Authority/Jolnt 1 B SH. Ihre Fdrderbank IB.SH Investitionsbank Schleswig-Holstein Grubenstrasse 20 / 18055 Rostock / Germany Reg. Kiel HRA 4310 III’. ..iI’ Vaclav on behalfof Thomas Weber Team Leader Fnance Unit Interreg Baltic Sea Region Managing Authority/ioint Secretariat IB.SH Investitionsbank Schleswig-Holstein - interreg-baltic.eu 2 liii. sidy contract for the project #A006 PA Transport in Programme objective 4.2 ‘Macro-regional governance’ of Interreg Baltic Sea Region vl.0 of 09.06.2022 .1 i Subsidy contract for the project #A006 PA Transport in Programme objective 4.2 ‘Macro-regional governance’ of Interreg Baltic Sea Region concluded between Investitionsbank Schleswig-Holstein, Zur Helling 5-6, 24143 Kiel, Germany, - acting as Managing Authority and Joint Secretariat of lnterreg Baltic Sea Region, hereinafter referred to as IB.SH - and Majanclus- ja Kommunikatsiooniministeerium, Suur-Ameerika 1, 10122 Tallinn, Estonia -hereinafter referred to as Iead partner. Table of content Article 1 Contractual basis 2 Article 2 Award of co-financing and general conditions 3 Article 3 Eligibility of expenditure 4 Article 4 Reporting obligations and payment 4 Article 5 Project changes 5 Article 6 Obligations of the Lead Partner 5 Article 7 BAMOS+ 6 Article 8 Communication and visibility 6 Article 9 Ownership, use of deliverabies and outputs 6 Article 10 Audit rights, availability of documents, evaluation 7 Article 11 Recoveries 7 Article 12 Termination of the subsidy contrct 8 Article 13 Assignment 10 Article 14 Liability 10 Article 15 Data protection 10 Article 16 Applicable law and dispute settlement 10 Article 17 Concluding provisions 11 ii neW 1 Co-funded by Baltic Sea Region the European Union interreg-baltic.eu Page 1 / 12 1contract for the project #A006 PA Transport III’. ramme objective 4.2 ‘Macro-regional governance’ of Interreg Baftic Sea Region 1 vi 0 of 0 06.2022 .1 1 Article 1 Contractual basis The following legal provisions and documents constitute the contractual basis of this subsidy contract and the body of rules and regulations for the implementation of the above-named project: O REGULATION (EU) 2021/1060 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the iust Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and lntegration Fund, the Internal Security Fund and the lnstrument for Financial Support for Border Management and Visa Policy, hereinafter referred to as Common Provisions Regulation, O REGULATION (EU) 2021/1059 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2021 on specific provisioris for the European territorial cooperation goat (lnterreg) supported by the European Regional Development Fund and external financing instruments, hereinafter referred to as lnterreg Regulation, O REGULATION (EU) 2021/1058 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund, hereinafter referred to as ERDF Regulation, O REGULATION (EU, Euratom) 2018/1046 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, hereinafter referred to as Financial Regulation, O Articles 107 and 108 of the Treaty on the Functioning of the European Union, O COMMISSIQN REGULATION (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, hereinafter referred to as de minimis Regulation, O COMMISSION REGULATION (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, hereinafter referred to as General Block Exemption Regulation, O REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as General Data Protection Regulation (GDPR), O lmplementing acts and delegated acts adopted in accordance with the aforementioned legislation, O The lnterreg Programme “lnterreg Baltic Sea Region” (CCI 2O21TC16FFTNOO3), hereinafter referred to as Programme, O The decision of the European Commission according to Article 18(4) of the Interreg Regulation approving the Programme (Decision C(2022) 3769 of 2 June 2022), O The Interreg Baltic Sea Region Programme Manual, hereinafter referred to as Programme Manual, O The agreements on the participation in Interreg Baltic Sea Region between countries outside the Programme area and the IB.SH, Co-fundedby Baltic Sea Region the European Union interregbaltic.eu Page 2 / 12 contract for the project #A006 P4 Transport III’. ,gramme objective 4.2 Macro-regional govern ance’ of Interreg Baltic Sea Region vi 0 of 09 06 2022 .,iI’ The approved project data (hereinafter referred O to as project data) availab(e in the electronic data system of the Programme (hereinafter referred exchange to as BAMOS+). These project data derive from application and its attachments (e.g. contact and the original bank information) selected by the Monitoring and comprise subsequent changes to the origina( Committee project setup as referred to in Article 5. Should the above-mentioned legal provisions and documents be amended or repealed, the Iates provisions and documents shaI appty. t binding ega1 Article 2 Award of co-finandng and general conditions 1. Based on the selection decision by the Monitoring Committee of 15/06/2022, an earmarked co-fi repayable grant) 15 awarded to the Iead partner for nancing (non the project #A006 PA Transport from Programm follows: e funds as ERDF co-financing 283,998.40 Amount of EU partners’ contribution 70,999.60 Total ERDF budget 354,998.00 Norwegian co-financing 0.00 Amount of Norwegian partners contribution 0.00 Total Norwegian budget 0.00 TOTAL project budget 354,998.00 The total project budget 15 understood as being the sum of the amount of co-financing awar European Regional Development Fund (ERDF) and, ded from the if relevant, from Norwegian funds and the total eiigibie contribution, coming from the ead partner amount of and the project partners. 2. The Programme co-financing is awarded exclusivel y for the project as described by the project data in BAMOS+ as defined in Article 1 of this subsidy cont available ract. 3. In case the IB.SH and/or the Monitoring Cmmittee approve changes of the amounts stated in paragrap this Article, the actual amounts are stipulated in h 1 of section 7.2 of the appication being part of the available in BAMOS+. project data 4. The actual amounts of co-financing from the Programme funds wiII be cacuIated on the expenditure only (cf. Article 3). basis of eligible 5. Disbursement of the Programme co-financing is subject to the condition that the European Com mission and, if Co-fundedby Baltic Sea Region the European Union interreg-battic.eu Page 3 / 12 contract for the project #A006 PA Transport III’. ogramme objective 4.2 Macro-regionaI governance’ of Interreg Baftic Sea Region vi 0 of 09.06.2022 .11 1 Norwegian partners are participatng in the project, the Kngdom of Norway make the funds avaiiable to the IB.SH. in case of non-avaiiability of the funds due to reasons outside of the sphere of infiuence of the IB.SH (e.g. due to de-commitment), the iB.SH is entitled to reduce the maximum amounts of co-financing awarded from the Programme funds and/or to (partiy) terminate this subsidy contract. in this case, any claim by the iead partner against the IB.SH for whatever reason is exciuded. The IB,SH wiii duiy notify the lead partner and guide the iead partner on the respective steps to be taken. In case of deiayed avaiiabiiity of funds due to reasons outside of the sphere of influence of the IB.SH, the IB.SH is entitied to withhoid payment untii the funds are made avaiiabie by the European Commission and/or the Kingdom of Norway. n this case, the IB.SH cannot be deemed responsibie for iate payments and any ciaim by the iead partner against the iB.SH for whatever reason is excluded. 6, Without prejudice to the provisions of paragraph 5 of this Articie, Programme co-financing to project partners Iocated in an EU Member State outside the Programme area can be made avaiiable only if the IB.SH has obtained the signed Agreement on the participation in Interreg Baitic Sea Region from the country where the project partner is located not later than 15/09/2022. This rule shali not appiy to project partners iocated in German regions outside the Programme area. Article 3 Eligibilitv of expenditure 1. Expenditure that quaiifies for co-financing from the Programme funds consists exciusiveiy of eiigibie expenditure. Ruies for eligibility are iaid down in the Programme Manual. 2. The eiigibie project phases for expenditure generated and paid by the project are Iaid down in the project data and defined in the Programme Manuai. Article 4 Reporting obligations and payment 1. The Iead partner is entitled to request payments from the IB.SH by foliowing the reporting procedures defined in the Programme Manuai. 2. The Iead partner must request payments according to the timeframe estabiished in the project data and at ieast to the extent defined in the spending pian. Co-financing not requested in time and in fuii as indicated in the spending pian may be iost. Further detaiis on financiai pianning and de-commitment are provided in the Programme Manuai. 3. The IB.SH reserves the right not to accept in part or in fuli reported expenditure if as a resuit of its checks — — — and/or controis or audits performed by another authority the validation or the facts stated therein prove to — be incorrect or if the underiying activities or expenditure are not in line with the body of rules and reguiations as set out in Article 1 of this subsidy contract. 4. Subject to fuifiiment of the conditions iaid down in Articles 2(5) and 2(6) of this subsidy contract, Programme co-financing wiii be disbursed by the IB.SH upon satisfactory compietion of reporting in accordance with the Co-fundedby BaItic Sea Region the European Union ) interreg-b,aftic.eu Page 4 / 12 n ,,i contract for the project #A006 PA Transport ogramme objective 4.2 ‘Macro-regional governance’ of Interreg Baftic Sea Region vI.0 of 09 06)022 ..iI’ payment procedures stipulated in the Programme Manual. Article 5 Project changes stated in the 1. The lead partner shail introduce changes to the project according to the rules and procedures Monitoring Programme Manual. To come into effect, major changes must be approved by the IB.SH and/or the Committee in accordance with the Programme Manual. Article 6 ObNgations of the Lead Partner Article 1 of this 1. The ead partner undertakes to compiy with the body of ruies and regulations referred to in reievant national subsidy contract (including any amendments made to these ruies and reguiations) as weli as reguiations and ali other rules applicabie to the iead partner. the main 2. The iead partner shali assume ali responsibilities iaid down in the Programme Manual, in particuiar responsibilites of the lead partner. in a partnership 3. The iead partner shaii iay down the arrangements for its reiations with the project partners requirements stipuiated in the agreement that is based on this subsidy contract and fuifiis the minimum Programme Manual. responsibilities iaid 4. The iead partner shaii take measures ensuring that ali project partners comply wfth the es of the project down in this subsidy contract and the Programme Manuai, in particuiar the main responsibiliti partners. hinder or 5. The iead partner undertakes to inform the IB.SH immediateiy about ali circumstances that deiay, ali circumstance s that mean a change of the make impossibie the reaiisation of the project as weii as the amounts of disbursement conditions or which wouid entitie the IB.SH to suspend payments or to reduce Articie 11 of this Programme co-financing awarded or to recover the Programme co-financing unduiy paid (cf. part (cf. Articie 12 of this subsidy contract). subsidy contract) or to terminate this subsidy contract in fuil or in The iead partner is responsible for providing the IB.SH with any information required and requested in reiation 6. to the project without delay. ILer1e Co-funded by the European Union interrg-baItic.eu Page 5 / 12 BaItic Sea Region )y contract for the project #A006 PA Transport liii. cgramme objective 4.2 Macro-regional governance & Interreg Baftic Sea Region vi 0 ot Oq.06.2022 .11 Article 7 BAMOS+ 1. The exchange of documents, information and data between the IB.SH and the lead partner shail be done via BAMOS+. 2. The lead partner shall respect the terms and conditions for the use of BAMOS+. In particular, the lead partner shail warrant that any person acting as a user with read, write and submit rights on project level is empioyed by the lead partner. Any such person has to be at ali times duly authorised to represent the lead partner in relation to ali lead partner responsibilities in BAMOS+ and to submit data, documents and information via BAMOS-t- on behalf of the lead partner organisation. Article 8 Communication and visibility 1. The iead partner shall ensure compiiance with the communication and visibility obligations specified in the Programme Manual. 2. The iB.SH shali be authorised to publish, in whatever form and on or by whatever medium, inciuding the Internet, (parts of) the project data in order to fuifil its reporting, communication and visibility obligations arising from the body of rules and regulations listed in Article 1. Personai data shall be processed in line with the GDPR (cf. Article 15 of this subsidy contract). 3. The lead partner authorises the IB.SH to use communication and visibility materiai produced by the project or project partners to showcase how the Programme co-financing is used. Furthermore, the lead partner authorises the iB.SH to forward this material to other Programme authorities, Programme promoters at the nationai level, as well as Union institutions, bodies, offices or agencies. For this purpose, the Iead partner ensures that a royaity-free, non-exclusive and irrevocable licence to use such material and any pre-existing rights attached to it is granted to the aforementioned Programme and Union bodies in accordance with the Programme Manuai. 4. The lead partner takes fuil responsibility for the content of any audio, visual or audiovisual notice, pubiication, deliverabie or communication and visibility material that has been developed by the lead partner, any of the project partners or third parties on behalf of the iead partner or the project partners and is provided to the IB.SH or published on the project subpage hosted at the Programme portal. Shouid a third party claim compensation for damages (e.g. due to an infringement of inteilectual property rights or personal data protection rights), the Iead partner wiIl indemnify the l8,SH in case the IB.SH suffers any damage because of the content of the said materiai. Article 9 Ownership, use of deliverabies 1, Ownership, title and industrial and intellectual property rights in the deliverabies of the project, as well as the reports and other documents relating to it shall, depending on the appIicable national iaw and/or the IILeIIe Co-fundedby Baitic Sea Region the European Union /‘L interreg-baitic.eu Page 6 / 12 y contract for the project #A006 PA Transport III’. II ,ogramme objective 4.2 ‘Macro-regional governance of Interreg Baltic Sea Regon 1 vt 0 of 0906 2022 ii partnership agreement, belong to the Iead partner and/or its project partners. The project partnership is entitled to establish the property rights of the products deriving from the project. 2. In the spirit of cooperation and exchange, the iead partner and the project partners shail ensure that ali deilverabies produced by the project are in the public interest and publicly available. They should be fuily accessible and available to the general public in a usabie format. The IB.SH and any other relevant Programme, EU and national body can use them for information and communication purposes in the framework of the Programme. 3. The Iead partner shall ensure that it has ali rights to use any pre-existing intellectuai property rights, if necessary for the impiementation of the project. 4. if any sensitive or confidential nformation or any pre-existing inteilectuai property right related to the project must be respected, the lead partner shall inforrn the 1B.SH in advance and agree with the IB.SH how to handie the situation. Article 10 Audit rights, availability of documents, eva)uation 1. The responsible auditing bodies of the EU and, within their responsibiiity, the auditing bodies of the participating countries or other national public auditing bodies or an externai auditor designated by the IB.SH, as weil as the Audit Authority of the Programme, the Group of Auditors of the Programme and the IB.SH are entitled to audit the project and the proper use of the awarded Programme co-financing by the iead partner and the project partners or to arrange for such an audit to be carried out by authorised persons. 2. The Iead partner shall provide ali documents and information required for the audit and give access to its business premises, as welI as project-related iocations. 3. The Iead partner is obliged to keep for audit purposes ali supporting documents reiated to the project in accordance with the requirements of the Programme Manual. 4. The lead partner shall assist authorised evaluators and provide them with documents or information necessary for Programme or project evaiuations. 5. lf this subsidy contract is terminated, the rights and duties stipulated in this Article shall persist. Article 11 Recoveries 1. if any Programme body, national body or any relevant EU body discovers any unduly paid out Programme cc financing, or if the IB.SH is notified of such cases, or if the IB.SH terminates this subsidy contract based on Article 12(1), the IB.SH shall recover the unduly paid Programme co-financing from the lead partner in line with the procedure for irregularities of the Programme Manual, 2. The lead partner shall ensure that the project partner involved repays the lead partner any amounts unduly Co-fundedby BaItlc Sea Region the European Union interreg-baltic.eu Page 7 / 12 i1. jy contract for the project $*A006 PA Transport ogramme objective 4.2 ‘Macro-regional governance’ of Interreg Baftic Sea Region vi 0 of 09 06 2022 1 paid in accordance with the partnership agreement and the procedure for irregularities of the Programme Manual. 3. If the IB.SH demands recovery, offsetting by the Iead partner is excluded unless the claim of the Iead partner against the IB.SH 15 undisputed or recognised by judgement. 4. If any of the circumstances indicated in section 1 occurs before the total amount of the Programme co-financing awarded has been paid to the Iead partner, the IB.SH may suspend payments and there shall be no claims of the Iead partner and the project partners to payment of the remaining amount. The IBOSH is also entitled to deduct a recovery amount according to paragraph 1 of this Article from a payment request referred to in Article 4 of this subsidy contract. In addition, if the Iead partner or a project partner has to return unduly paid Programme co-financing in another project funded by Interreg Baltic Sea Region, the IB.SH has the right to deduct the corresponding Programme co-financing to the Iead partner or project partner in question from any open payment request in the present project. 5. Any further legal claims shall remain unaffected by the above provisions. Article 12 Termination of the subsidy contract 1. In addition to the right of termination Iaid down in Article 2(5) of this subsidy contract, the IB.SH is entitled to terminate this subsidy contract, in fuil or in part, if: a) the Iead partner or project partners have obtaned the Programme co-financing through false or incomplete statements or provide reports that do not reflect reality; or b) a precondition for the approval of the project 15 lost; or c) the project has not been or cannot be fully imptemented, or it has not been or cannot be implemented in due time; or d) the Iead partner has failed to immediately report events delaying or preventing the impiementation of the project, or any circumstances Ieading to its modification; or e) the project significantly failed to reach the objectives and results planned in the appication being part of’ the project data; or f) the Iead partner or project partners made it impossible for the IB.SH to verify that a progress report 15 correct and that the project is eligible for co-financing from the Programme, for example, because the Iead partner has failed to submit required reports, proofs or necessary information within the set deadiine, provided that the Iead partner has received at Ieast one reminder via BAMOS+ setting another deadiine and specifying the fegal consequences of a failure to comply with requirements, and has also failed to meet this new deadiine; or g) the Iead partner or project partners have impeded or prevented controls, audits or evaluations; or Co4undedby Baltic Sea Region the European Union interreg-baltic.eu Page 8 / 12 jy contract for the project #A006 PA Transport ‘lie. rogramme objective 4.2 ‘Macro-regional governance’ of Interreg BaItic Sea Region vI.0 of 09 062022 Oli 1 h) the Programme co-financing awarded has been partially or entirely misapplied for purposes other than those stipulated by this subsidy contract and the body of rules and regulations it is based on (cf. Article 1 of this subsidy contract); or i) the lead partner or project partners are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended their business activities, are the subject of proceedings concernng those matters or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or j) the lead partner or a project partner is an undertaking in difficulty within the meaning of Article 2, point 18 of the General Block Exemption Regulation; or k) the lead partner or project partners have been convicted of an offence concerning professional conduct by a judgement which has the force of res judicata or are guilty of grave professional misconduct proven by anyjustified means; or 1) the lead partner or project partners engage in any act of fraud or corruption or are involved in a criminal organisation or any other illegal activity detrimental to the European Union’s financial interests; or m) the Iead partner or project partners have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the Country in which they are established; or n) without prejudice to Article 13(2) of this subsidy contract, the lead partner or project partners wholly or partly seli, lease or let the project to a third party; or o) it is impossible for the IB.SH to pay the first reimbursement of a progress report within two years of the Monitoring Committee’s decision to select the project; or p) the lead partner or project partners have failed to fulfil any other condition or requirement stipulated in this subsidy contract and/or the body of rules and regulations it is based on (cf. Article 1 of this subsidy contract), notably if this condition or requirement is meant to guarantee the successful implementation of the Programme and the achievement of its objectives; or q) it has become definitely impossible for the IBSH to co-finance the project and to fuifil its obligations stipulated in this subsidy Contract due to legal reasons or factual reasons the IB.SH has no impact on (force majeure). 2. Upon termination of this contract by the IB.SH, the lead partner shall receive a notice with necessary instruction regarding the fuli or partial Closure of the project. 3. The right of the Iead partner to terminate this subsidy contract by extraordinary notice of termination shall remain unaffected. ln particular, the lead partner shall be entitled to terminate this subsidy contract in case it has become impossible for the )ead partner to implement the project and to fulfil its obligations stipulated in this subsidy contract due to legal reasons or factual reasons the lead partner has no impact on (force majeure), Before exercising its right to terminate the subsidy contract, the Iead partner shall carefully examine with the IB.SH any possibilities to assign its duties under this subsidy contract to a project partner or any third party (cf. Co-fundedby Baltic Sea Region the European Union interreg-baltic.eu Page 9 / 12 dy contract for the project #A006 PA Transport rogramme objective 4.2 ‘Macro-regional governance’ of Interreg Saftic Sea Region 1 vl.O ol oq 06 2022 III’. . 1 Article 13(2) of this subsidy contract). Article 13 Assignment 1. The IBOSH is entitled at any time to assign ts rights under this subsidy contract to a third party. In case of assignment, the B.SH wiII inform the Iead partner without delay. 2. The Iead partner is allowed to assign its duties and rights under this subsidy contract to a third party only after the prior written consent of the IB.SH. Article 14 Lia bi lity 1. The IB.SH cannot under any circumstances or for any reason whatsoever be held Iiable for damage or injury sustained by the staff or property of the Iead partner or the project partners as a consequence of the project. The IB.SH cannot, therefore, accept any claim for compensation or increases in payment in connection with such damage or injury. 2, The Iead partner shall discharge the IB.SH of ati liability arising from any claim or action brought as a resuit of an infringement of rules and regulations by the Iead partner or the Iead partner’s employees or individuals for whom those employees are responsibte, or as a resuit of a violation of a third party’s right. Article 15 Data protection 1. In accordance with Article 4 of the Common Provisions Regulation, the IB.SH, other Programme bodies (e.g. the Audit Authority, the Monitoring Committee), controllers, responsib)e nationa) authorities (e.g. auditors, designation bodies), evaluators and the European Commission are allowed to process personal data only where necessary for carrying out their respective obligations under the body of rules and regulations referred to in Article 1, in particular for monitoring, reporting, communication, publication, evaluation, financial management, verifications and audits. The personal data shatl be processed in accordance with the GDPR. Article 16 Applicable Iaw and dispute settlement 1. Without prejudice to the app)icable European )aw, this subsidy contract shall he governed by and construed in accordance with German Iaw. 2. Should a dispute arise between the )B.SH and the Iead partner, the procedure for resolution of complaints and dispute settlernent as Iaid down in the Programme Manual shall be followed. iiiLeIIe Co-fundedby Baltic Sea Region the European Union interreg-baltic.eu Page 10 / 12 dy contract for the project #A006 PA Transport )rogramme objective 4.2 ‘Macro-regional governance’ of Interreg BaItic Sea Region 1 vi 0 of 09 06 2022 .11 1 II”. 3. In the event of submission of the dispute to the courts, the place of jurisdiction is Kiel, Germany. Proceedings shall be in German. Article 17 Concluding provisions 1. This subsidy contract shaii enter into force on the date the last of its two parties, IBOSH or Iead partner, signs. in case of project activities carried out in an eligible project phase (cf. Article 3(2) of this subsidy contract), but before the entry into force of this subsidy contract, the provisions of this subsidy contract shall aiready apply to that phase. This subsidy contract shail remain valid as long as the IB.SH or the lead partner have to fuifil obligations arising from this subsidy contract and/or the body of rules and regulations it is based on (cf. Article 1 ofthis subsidy contract). 2. Except for a court procedure (cf. Article 16(3) of this subsidy contract), ali correspondence with the IB.SH must be in the Engiish language. 3. Should any provision in this subsidy contract become whoily or partly ineffective, the parties to the subsidy contract undertake to replace the ineffective provision with an effective provision that comes as ciose as possible to the purpose of the ineffective provision. 4. Two executed copies of this subsidy contract shall be signed both by the IBSH and the Iead partner. Each party shall keep one copy. Co-fundedby BaItIc Sea Region the European Union interreg-baltic.eu Page 11 / 12 ,idy contract for the project #A006 PA Transport f. Programme objective 4.2 ‘Macro-regional governance’ of Interreg Baltic Sea Region 1 vl.0 of 09.06.2022 For the Investitionsbank Schleswig-Holstein (IB.SH): Name Thomas Weber Name Ronald Lieske Finances and Administration Director TitIe Title 72/g<,1 Signature and stamp Rostock, Place, date For the Iead partner: Ahti Kuningas Name Name Deputy Secretary General of Transport in Capacity of Secretary General TitIe TitIe Place, date date 3t2(, interregbaftic.eu Page 12 / 12
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