Common use of Activity budget Clause in Contracts

Activity budget. CB2.1 The Grantee agrees to use the Grant, any Other Contributions or other Activity contributions, and undertake the Activity, consistently with the Activity Budget below. The Grantee’s Activity Work Plan and Budget sets out further information about the Activity Budget and must be consistent with this Item CB2. The Activity Work Plan and Budget must include the receipt and expenditure of any interest that is earned on the Grant or Other Contributions by the Grantee or a Hub Member. [insert expenditure item e.g. staff FTE, travel, etc] [insert description of the expenditure item] [insert amount of Grant contributed to this budget item] [insert amount of Grantees own funds contributed to this budget item] [insert amount of other sources of funding contributed to this budget item] [insert total amount cost of the budget item] CB3. Intellectual property in Activity Material CB3.1 The Grantee agrees to provide the Commonwealth with a copy of any Activity Material, in the format reasonably requested by the Commonwealth. CB3.2 This Agreement does not affect the ownership of Intellectual Property Rights in Existing Material. CB3.3 In addition to and without limiting the Knowledge Sharing Requirement, the Grantee provides the Commonwealth a permanent, non-exclusive, irrevocable, world-wide, royalty-free licence (including a right to sub license) to use, modify, communicate, reproduce, publish, and adapt the Activities’ research, data, outcomes and/or outputs as specified in the Grant Details for Commonwealth Purposes. This includes a right for the Commonwealth to licence the Activity Material specified in the Grant Details to the public under a Creative Commons Attribution licence (CC BY licence). CB3.4 The Grantee warrants that the provision of Activity’s research, data, outcomes and/or outputs in accordance with the Agreement (and the use of specified Activity Material in accordance with clause CB3.2) will not infringe any third party’s Intellectual Property Rights. CB3.5 The Grantee will obtain written moral rights consents (other than in relation to acts of false attribution) from all authors of Reporting Material, and any Activity research, data, outcomes and/or outputs specified in the Grant Details, to the use of that Material in accordance with and for the purpose of reporting on or disseminating findings resulting from this Agreement, prior to that Material being provided to the Commonwealth. CB3A Departure from the Knowledge Sharing Requirement in Item B of the Grant Details for specific Activity research, data, outcomes or outputs CB3A.1 The Grantee may request the Commonwealth’s specific written agreement for the Grantee, a Hub Member or Network Partner to depart from the Knowledge Sharing Requirement in Item B of the Grant Details in respect of a particular Activity project and any of its research, data, outcomes and/or outputs (Proposed Exclusion). The Grantee may do this by providing a written request to the Commonwealth’s representative in accordance with clause 4 and in the form, and containing the information, notified by the Commonwealth to the Grantee. If no such form has been notified by the Commonwealth to the Grantee, the Grantee must ensure that its written request contains, at a minimum, the following information: details of the content, nature and extent of the Proposed Exclusion and the Activity project to which it relates; the Grantee, Hub Members and/or Network Partners that are involved in the delivery of that Activity project and how each will benefit from the Proposed Exclusion; the expected timeframe and completion date for that Activity project and the Proposed Exclusion; the total Grant funds that have been or will be allocated to that Activity project and the Proposed Exclusion; details of any Other Contributions, and any other Activity contributions, that have been or will be provided for that Activity project and the Proposed Exclusion; the extent to which, and detailed reasons why, the Proposed Exclusion is considered necessary for maximising public good outcomes; the implications of the Proposed Exclusion for the rest of the Activity including its other projects, research, data, outcomes and outputs, as well as the achievement of the Program objectives; and any other information about the Proposed Exclusion that the Commonwealth notifies it requires. CB3A.2 The Commonwealth will consider a request submitted in accordance with clause CB3A.1 and may meet with the Grantee to discuss, or request further information to clarify, the request. The Commonwealth, at its discretion, may not agree to the request or may agree to the request in whole or part and may attach conditions to the provision of any such agreement. CB3A.3 The Grantee must ensure that any departure from the Knowledge Sharing Requirement only occurs in relation to a Proposed Exclusion in accordance with, and to the extent of, any specific written agreement given by the Commonwealth to that Proposed Exclusion under this clause CB3A including any conditions attached to that agreement. CB3A.4 The Grantee must ensure that it, the Hub Members and Network Partners do not claim, or agree to treat, any part of the Activity, its research, data, outputs, outcomes or any part of a Report as its or a third party’s confidential information except in accordance with, and to the extent of, any specific written agreement given by the Commonwealth under this clause CB3A. CB3A.5 The Commonwealth may take action under this Agreement, including under clause 2 or 19, in respect of any non-compliance with this clause CB3A. CB4. Access/Monitoring/Inspection CB4.1 The Grantee agrees to give the Commonwealth, or any persons authorised in writing by the Commonwealth: access to premises where the Activity is being performed and/or where Material relating to the Activity is kept within the time period specified in a Commonwealth notice; and permission to inspect and take copies of any Material relevant to the Activity. CB4.2 The Auditor-General and any Information Officer under the Australian Information Commissioner Act 2010 (Cth) (including their delegates) are persons authorised for the purposes of clause CB4.1.

Activity budget. CB2.1 The Grantee agrees to use the Grant, any Other Contributions or other Activity contributions, and undertake the Activity, consistently with the Activity Budget below. The Grantee’s Activity Work Plan and Budget sets out further information about the Activity Budget and must be consistent with this Item CB2. The Activity Work Plan and Budget must include the receipt and expenditure of any interest that is earned on the Grant or Other Contributions by the Grantee or a Hub Member. [insert expenditure item e.g. staff FTE, travel, etc] [insert description of the expenditure item] [insert amount of Grant contributed to this budget item] [insert amount of Grantees own funds contributed to this budget item] [insert amount of other sources of funding contributed to this budget item] [insert total amount cost of the budget item] CB3. Intellectual property in Activity Material CB3.1 The Grantee agrees to provide the Commonwealth with a copy of any Activity Material, in the format reasonably requested by the Commonwealth. CB3.2 This Agreement does not affect the ownership of Intellectual Property Rights in Existing Material. CB3.3 In addition to and without limiting the Knowledge Sharing Requirement, the Grantee provides the Commonwealth a permanent, non-exclusive, irrevocable, world-wide, royalty-free licence (including a right to sub license) to use, modify, communicate, reproduce, publish, and adapt the Activities’ research, data, outcomes and/or outputs as specified in the Grant Details for Commonwealth Purposes. This includes a right for the Commonwealth to licence the Activity Material specified in the Grant Details to the public under a Creative Commons Attribution licence (CC BY licence). CB3.4 The Grantee warrants that the provision of Activity’s research, data, outcomes and/or outputs in accordance with the Agreement (and the use of specified Activity Material in accordance with clause CB3.2) will not infringe any third party’s Intellectual Property Rights. CB3.5 The Grantee will obtain written moral rights consents (other than in relation to acts of false attribution) from all authors of Reporting Material, and any Activity research, data, outcomes and/or outputs specified in the Grant Details, to the use of that Material in accordance with and for the purpose of reporting on or disseminating findings resulting from this Agreement, prior to that Material being provided to the Commonwealth. CB3A Departure from the Knowledge Sharing Requirement in Item B of the Grant Details for specific Activity research, data, outcomes or outputs. CB3A.1 The Grantee may request the Commonwealth’s specific written agreement for the Grantee, a Hub Member or Network Partner to depart from the Knowledge Sharing Requirement in Item B of the Grant Details in respect of a particular Activity project and any of its research, data, outcomes and/or outputs (Proposed Exclusion). The Grantee may do this by providing a written request to the Commonwealth’s representative in accordance with clause 4 and in the form, and containing the information, notified by the Commonwealth to the Grantee. If no such form has been notified by the Commonwealth to the Grantee, the Grantee must ensure that its written request contains, at a minimum, the following information: : (a) details of the content, nature and extent of the Proposed Exclusion and the Activity project to which it relates; ; (b) the Grantee, Hub Members and/or Network Partners that are involved in the delivery of that Activity project and how each will benefit from the Proposed Exclusion; ; (c) the expected timeframe and completion date for that Activity project and the Proposed Exclusion; ; (d) the total Grant funds that have been or will be allocated to that Activity project and the Proposed Exclusion; ; (e) details of any Other Contributions, and any other Activity contributions, that have been or will be provided for that Activity project and the Proposed Exclusion; ; (f) the extent to which, and detailed reasons why, the Proposed Exclusion is considered necessary for maximising public good outcomes; ; (g) the implications of the Proposed Exclusion for the rest of the Activity including its other projects, research, data, outcomes and outputs, as well as the achievement of the Program objectives; and and (h) any other information about the Proposed Exclusion that the Commonwealth notifies it requires. CB3A.2 The Commonwealth will consider a request submitted in accordance with clause CB3A.1 and may meet with the Grantee to discuss, or request further information to clarify, the request. The Commonwealth, at its discretion, may not agree to the request or may agree to the request in whole or part and may attach conditions to the provision of any such agreement. CB3A.3 The Grantee must ensure that any departure from the Knowledge Sharing Requirement only occurs in relation to a Proposed Exclusion in accordance with, and to the extent of, any specific written agreement given by the Commonwealth to that Proposed Exclusion under this clause CB3A including any conditions attached to that agreement. CB3A.4 The Grantee must ensure that it, the Hub Members and Network Partners do not claim, or agree to treat, any part of the Activity, its research, data, outputs, outcomes or any part of a Report as its or a third party’s confidential information except in accordance with, and to the extent of, any specific written agreement given by the Commonwealth under this clause CB3A. CB3A.5 The Commonwealth may take action under this Agreement, including under clause 2 or 19, in respect of any non-compliance with this clause CB3A. CB4. Access/Monitoring/Inspection CB4.1 The Grantee agrees to give the Commonwealth, or any persons authorised in writing by the Commonwealth: access to premises where the Activity is being performed and/or where Material relating to the Activity is kept within the time period specified in a Commonwealth notice; and permission to inspect and take copies of any Material relevant to the Activity. CB4.2 The Auditor-General and any Information Officer under the Australian Information Commissioner Act 2010 (Cth) (including their delegates) are persons authorised for the purposes of clause CB4.1.CB3A.