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ngrcctncnt nutnbcr: 2019 - 1943 / 001 - 001
Multi bencliciarics rnodel agreement: Decembcr.20 l8

PART A LEGAL AND ADMINIST TIVE PROVISIONS
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ARTICLE II.I DEFINITIONS
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The following definitions apply for the purpose of the Agreement:

'Action': tlre set of activities or the project for which the grant is awarded, to be inrplernented by the
beneficiaries as described in Annex l.

'Breach of obligations': i'ailure by a beneficiary to fulfil one or more of its contractual obligations.

'Confidential information or document': any infonnatiou or document (in any fbnnat) received by
eithel party from the other or accessed by either parly in the context of the implementation of the
Agleement that any of tlte parties has identified in writing as confidential. lt does not include
infbrrnation that is publicly available.

'Conflict of interests': a situation where the irnpartial and objective implementation of the Agreement
by a beneficiary is comprcmised for reasons involving family, enrotional life, political or national
affirrity, economic interest, any other direct or indirect personal interest or any other shared interest
with the Agency or any third party related to tlre subject matter of the Agreement.

'Direct costs': those specific costs which are directly linked to the implernentation of the action and
catt therefore be attribLrted directly to it. They nray not include any indirect costs;

'Force muieure): any unforeseeable, exceptional situatiou or event beyond the control of the parlies
that prevents either of them fi'otn fulfilting any of their obligations under the Agreeurent, which is not
attributable to error or negligence on their part or on the part ofthe subcontractors affrliated entities or'
third parties in receipt of financial support and which proves to be inevitable despite their exercising
due diligence. The tbllowing cannot be invoked as.force majeure: labour disputes, strikes, financial
dift'iculties or any default of a service, defect in equipment or rnaterials or delays in making them
available, trnless they stem directly from a relevant case of jbrce ruajeure;

'Formal notification': form of communication between the parties rnade in writing by rnail or
elcctronic nrail which provides the sender with compelling evidence that the message was delivered to
the specified recipient;

'Fraud': any act or onrission relating to tlre use or presentation of false, incorrect or incomplete
statetnetrts or docttments, which has as its effect the misappropriation or rvrongful retention of funds or
assets fiom the Union budget, the non-disclosure of information in violation of a specific obligation,
with the sarne eff'ect or the rnisapplicatiorr of such funds or assets for purposes other than those for
which they were originally granted,
'Grave professional misconduct': a violation of applicable laws or regulations or ethical starrdards of
the professiorr to which a persorl or entity belongs, or auy wrongful conduct of a pelson or entity
which has an itnpact on its prof'essional credibility where such conduct denotes wrongful intent or
gross negligerrce.

'[mplementation period': the period of implementation of the activities forming part of the action, as
specified in Article 1.2.2;

'Indirect costs': those costs which ale not specific costs directly liuked to the irnplernentation of the
action and which therefore cannot be attributed directly to it. They may not include any costs
jdentifiable
or declared as eligible direct costs;

'Irregularity': any infringement of a provision of Union law resulting frorn an act or ornission by a
beneficiary, whiclr has or would have the etfect of prejrrdicing the Union's budget;

Annex ll