Page 23 - GA

Agrcemcnt number': 2019 - 1943 / 00 I - 001
Multi bcnellciarics rnodel flcrecnrcnl: Dcccrnbcr 201 8

ARTICLE II.3 COMMUNICATION BETWEEN THE PARTIES
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II.3.f Form and means of communication

Atty communication relating to the Agreenrent ol to its irnplenrentation, inclLrdirrg the notificatiorr of
decisions, letters, docurrrents or infolmation related to administmtive procedures, Inust:
(a) be made in wr-iting (in paper or electronic form) in the language of the Agreement;

(b) bear the uurnber of the Agreement; and

(c) be rnade using the cornmunication details identified in Article 1.7.
Irr parlicular', the parlies agree that any.formal notifcation made by mailor email has full legaleft'ect
and is admissible as evidence in adrninistrative or judicial proceedings.
If a party requests r,vritten confirmation of an electronic cornnrunication within a reasonable time, the
sender rnust provide the signed hard copy of tlre docurnent sent electronically as soon as possible.

11.3.2 Date of communications

Atty communication is considered to have been effected when the receiving party leceives it, unless
tlte Agreement states that cornmunication is considered to have beerr effected ou the date wherr it was
serlt.

Art ernail is consideled to have been received bythe receiving party on the date of dispatch, provided
that it is sent to the email address indicated in Article I.7, The sendel rnust be able to prove the date of
dispatch, fot'instance by au automatically generated read repoft. lf the serrder receives a non-delivety
repoft, it must make every effortto ensul€ that the other party actually receives the corrrmunication by
email or mail. ln sr.rch a case, the sender is not held in breach of its oblieation to send the
commulrication within a specified tirne lirnit.

Mail sent to the Agency using the postal or courier services is considered to liave beerr received by the
Agency on the date on which it is registered by the deparlnrerrt identified in Article 1.7.2.

Formal notificatiorts are to be considered as having been leceived on the date of receipt indicated in
the proof received by the serrder that the Inessage was delivered to the addressee.

The Agency may consider any undisclosed change of postal or electronic address by the other pafty to
tlris Agreetnetrt as grave professional rnisconduct. which is one of the situations of exclusiorr ret'erred
to irr Afticle 136(l)(c) of Regulation (EU, Euratom) 201811046.

ARTICLE II.4- LIABILITY FOR DAMAGES

II.4.l The Agency may not be held liable for any damage caused or sustained by any of the
beneficiaries, including any darnage caused to third parlies as a consequence of or duriug the
implementation of the uclion.

11.4.2 Except in cases of force ntajeure, the beneficiaries must cotnpensate the Agency for any
datnage it sustains as a result of the irnplementation of the action or hecause the qclion was
not inrplernented in full compliance with the Agreement.

Annex ll