12.ARM.OP.369 Draft Contract - European Defence Agency - Europa
12.ARM.OP.369 Draft Contract - European Defence Agency - Europa
12.ARM.OP.369 Draft Contract - European Defence Agency - Europa
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<strong>Contract</strong> Number: <strong>12.ARM</strong>.<strong>OP.369</strong>e) ensure that, during communication of personal data and transport of storage media,the data cannot be read, copied or erased without authorisation;f) design its organisational structure in such a way that it meets data protectionrequirements.ARTICLE II.11 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATIONII.11.1.II.11.2.II.11.3.II.11.4.The <strong>Contract</strong>or shall authorise the <strong>Agency</strong> to process, use, distribute and publish,for whatever purpose, by whatever means and on whatever medium, any datacontained in or relating to the <strong>Contract</strong>, in particular the identity of the <strong>Contract</strong>or,the subject matter, the duration, the amount paid and the reports. Where personaldata is concerned, Article I.8 shall apply.Unless otherwise provided by the Special Conditions, the <strong>Agency</strong> shall not berequired to distribute or publish documents or information supplied in performanceof the <strong>Contract</strong>. If it decides not to publish the documents or information supplied,the <strong>Contract</strong>or may not have them distributed or published elsewhere without priorwritten authorisation from the <strong>Agency</strong>.Any distribution or publication of information relating to the <strong>Contract</strong> by the<strong>Contract</strong>or shall require prior written authorisation from the <strong>Agency</strong> and shallmention the amount paid by the <strong>Agency</strong>. It shall state that the opinions expressedare those of the <strong>Contract</strong>or only and do not represent the <strong>Agency</strong>'s official position.The use of information obtained by the <strong>Contract</strong>or in the course of the <strong>Contract</strong> forpurposes other than its performance shall be forbidden, unless the <strong>Agency</strong> hasspecifically given prior written authorisation to the contrary.ARTICLE II. 12 – TAXATIONII.12.1.II.12.2.II.12.3.II.12.4.The <strong>Contract</strong>or shall have sole responsibility for compliance with the tax laws whichapply to him. Failure to comply shall make the relevant invoices invalid.The <strong>Contract</strong>or recognises that the <strong>Agency</strong> has been granted exemption from taxesand duties, including value added tax (VAT), pursuant to the provisions of theDecision of the Representatives of the Governments of the Member States, MeetingWithin the Council, of 10/11/2004 on the privileges and immunities granted to the<strong>European</strong> <strong>Defence</strong> <strong>Agency</strong> and to its staff members.The <strong>Contract</strong>or shall accordingly complete the necessary formalities with therelevant authorities to ensure that the goods and services required for performanceof the <strong>Contract</strong> are exempt from taxes and duties, including VAT.Invoices presented by the <strong>Contract</strong>or shall indicate his place of taxation for VATpurposes and shall specify separately the amounts not including VAT and theamounts including VAT.ARTICLE II.13 – FORCE MAJEUREII.13.1.Force majeure shall mean any unforeseeable and exceptional situation or eventbeyond the control of the contracting parties which prevents either of them fromperforming any of their obligations under the <strong>Contract</strong>, was not due to error ornegligence on their part or on the part of a subcontractor, and could not have beenavoided by the exercise of due diligence. Defects in equipment or material or delaysin making it available, labour disputes, strikes or financial problems cannot beinvoked as force majeure unless they stem directly from a relevant case of forcemajeure.Page 13 of 20