Common use of Amendments to the Agreement and to the Project Clause in Contracts

Amendments to the Agreement and to the Project. No amendment to the material scope of the Project referred to in Article 71 of Regulation (EU) No. 1303/2013 of the European Parliament and of the Council of 17 December 2013 shall be acceptable. During implementation of the Project, starting from the second reporting period for financial reports, the Project Manager may, unless the applicable laws and regulations, provisions of agreements and other regulations binding the Grantee provide otherwise, make amendments, at the stage of periodic reports, involving: transfers of the funds between the individual categories of the Budget, while respecting the percentage thresholds for expenditures within the cost categories defined in the Competition Documentation or Cost Eligibility Guide for Measure 4.4 for the Smart Growth Operational Programme for the units other than state aid beneficiaries, the tranche payment schedule. The aforementioned amendments shall not require the drafting of an annex to the Agreement but shall require approval by the Foundation, as a minimum using the electronic means. Incorporation of the above amendments shall be conditional upon their entry in the Foundation’s electronic system and presentation of the justification for the amendments in writing. If it transpires during implementation of the Project that the Project requires amendments other than those referred to in Section 2 of this article, the Project Manager shall then be obliged to notify the Foundation in writing of the proposed amendments with a substantive justification and a proposal to transfer the funds within the Project budget, broken down by reporting period. The amendments shall be made subject to the Foundation’s written approval. No amendment to the Agreement as a result of which the Project would cease to satisfy the project selection criteria according to which it was evaluated would be acceptable. No amendment to the Agreement as a result of which the Project would not be granted the funding at the time when the Project was subjected to evaluation under the project selection procedure would be acceptable. The amendments, excluding the amendments referred to in Clause 2 of this article, must be notified not later than 3 months ahead of the end of implementation of the Project. The amendments to the Budget and to the Agreement made consistently with Clause 2 of this article and Article 3.9 shall not require the signing of an annex to the Agreement. Extension of the Project expenditure eligibility period shall be acceptable and the proposed Project implementation period must fall within SG OP’s expenditure eligibility period and may not extend beyond 30 June 2023, in particular in the following cases: when the Project Manager is a woman who, during implementation of the Project, gives birth to a child or when the Project Manager adopts a child during implementation of the Project, the Project implementation period may be extended by a period of up to 12 months for every child born or adopted during the aforementioned period; or when the Project implementation period specified in the Application is shorter than the maximum acceptable period specified in the Competition Documentation, the Project implementation period may be extended up to the aforementioned maximum duration of the Project; or when the Project implementation period in the agreement is the maximum acceptable Project implementation period adopted in the Competition Documentation, extension of the expenditure eligibility period shall be possible for a period of up to 6 months. The Foundation shall consider legitimacy of making the proposed amendments to the Application, given the preconditions that contributed to the selection of the Project for funding and the impact of the proposed amendment on the Project effects and the programme indicators. Extension of the Project expenditure eligibility period referred to in Clause 8 of this article shall require submission of an application together with a justification within the time limit set in Clause 6 of this article. The sought expenditure eligibility period may not extend beyond 30 June 2023. A change of the expenditure eligibility period shall require drawing up an annex to the Agreement. The Competition Documentation in the part relating to the conditions to be satisfied by the Grantee during implementation of the Project and of the procedures in force during implementation of the Project may be updated also after the signing of the Agreement, unilaterally by the Foundation, to which updates the Grantee hereby consents. The Foundation shall notify the Grantee of any updates and their scope. Should an update of the Competition Documentation give rise to a conflict between the provisions of the Agreement and the updated Competition Documentation, the Parties shall sign an annex to the Agreement without delay in order to bring it in line with the updated version of the Competition Documentation. Should the Grantee fail to give its consent, following the update, to the amendments arising from the updated Competition Documentation, the Grantee shall be obliged to continue implementation of the Project on the previously applicable terms and conditions (from before the update of the Competition Documentation), except for the amendments arising from the Foundation’s obligations towards IA SGOP, in particular those arising from the future amendments to the agreement between the Foundation and IA SGOP which amendments the Grantee is obliged to enforce.

Amendments to the Agreement and to the Project. No amendment to the material scope of the Project referred to in Article 71 of Regulation (EU) No. 1303/2013 of the European Parliament and of the Council of 17 December 2013 shall be acceptable. During implementation of the Project, starting from the second reporting period for financial reports, the Project Manager may, unless the applicable laws and regulations, provisions of agreements and other regulations binding the Grantee provide otherwise, make amendments, at the stage of periodic reports, involving: transfers of the funds between the individual categories of the Budget, while respecting the percentage thresholds for expenditures within the cost categories defined in by the Competition Documentation Foundation or Cost Eligibility Guide for Measure 4.4 for the Smart Growth Operational Programme for the units other than state aid beneficiaries, Guidelines; and the tranche payment schedule. The aforementioned amendments shall not require the drafting of an annex to the Agreement but shall require approval by the Foundation, as a minimum using the electronic means. Incorporation of the above amendments shall be conditional upon their entry in the Foundation’s electronic system and presentation of the justification for the amendments in writing. If it transpires during implementation of the Project that the Project requires the amendments other than those referred to in Section Clause 2 of this article, the Project Manager shall then be obliged to notify the Foundation in writing of the proposed amendments with a substantive justification and a potential proposal to transfer the reallocate funds within the Project budgetbudget of the Project, broken down by divided into specific reporting periodperiods. The amendments shall be made introduced subject to the Foundation’s written approval. No amendment to the Agreement as a result of which the Project would cease to satisfy the project selection criteria according to which it was evaluated would be acceptable. No amendment to the Agreement as a result of which the Project would not be granted the funding at the time when the Project was subjected to evaluation under the project selection procedure would be acceptable. The amendments, excluding the amendments referred to in Clause 2 of this article, must be notified not later than 3 months ahead of the end of implementation of the Project. The amendments to the Budget and to the Agreement made consistently with Clause 2 of this article and Article 3.9 3.7 shall not require the signing of an annex to the Agreement. Extension of the Project expenditure eligibility period shall be acceptable and the proposed Project implementation period must fall within SG OP’s expenditure eligibility period and may not extend beyond 30 June 2023, in particular in the following cases: when the Project Manager is a woman who, during implementation of the Project, gives birth to a child or when the Project Manager adopts a child during implementation of the Project, the Project implementation period may be extended by a period of up to 12 months for every child born or adopted during the aforementioned period; or when the Project implementation period specified in the Application is shorter than the maximum acceptable period specified in the Competition Documentation, the Project implementation period may be extended up to the aforementioned maximum duration of the Project; or when the Project implementation period in the agreement is the maximum acceptable Project implementation period adopted in the Competition Documentation, extension of the expenditure eligibility period shall be possible for a period of up to 6 months. The Foundation shall consider legitimacy of making the proposed amendments to the Application, given the preconditions that contributed to the selection of the Project for funding and the impact of the proposed amendment on the Project effects and the programme indicators. Extension of the Project expenditure eligibility period referred to in Clause 8 of this article shall require submission of an application together with a justification within the time limit set in Clause 6 of this article. The sought expenditure eligibility period may not extend beyond 30 June 2023. A change of the expenditure eligibility period shall require drawing up an annex to the Agreement. The Competition Documentation in the part relating to the conditions to be satisfied by the Grantee during implementation of the Project and of the procedures in force during implementation of the Project may be updated also after the signing of the Agreement, unilaterally by the Foundation, to which updates the Grantee hereby consents. The Foundation shall notify the Grantee of any updates and their scope. Should an update of the Competition Documentation give rise to a conflict between the provisions of the Agreement and the updated Competition Documentation, the Parties shall sign an annex to the Agreement without delay in order to bring it in line with the updated version of the Competition Documentation. Should the Grantee fail to give its consent, following the update, to the amendments arising from the updated Competition Documentation, the Grantee shall be obliged to continue implementation of the Project on the previously applicable terms and conditions (from before the update of the Competition Documentation), except for the amendments arising from the Foundation’s obligations towards IA SGOP, in particular those arising from the future amendments to the agreement between the Foundation and IA SGOP which amendments the Grantee is obliged to enforce.

Amendments to the Agreement and to the Project. No amendment to the material scope of the Project referred to in Article 71 of Regulation (EU) No. 1303/2013 of the European Parliament and of the Council of 17 December 2013 shall be acceptable. During implementation of the Project, starting from the second reporting period for financial reports, the Project Manager may, unless the applicable laws and regulations, provisions of agreements and other regulations binding the Grantee Grantees provide otherwise, make amendments, at the stage of periodic reports, involving: transfers of the funds between the individual categories of the Budget, while respecting the percentage thresholds for expenditures within the cost categories defined in by the Competition Documentation Foundation or Cost Eligibility Guide for Measure 4.4 for the Smart Growth Operational Programme for the units other than state aid beneficiaries, Guidelines; and the tranche payment schedule. The aforementioned amendments shall not require the drafting of an annex to the Agreement but shall require approval by the Foundation, as a minimum using the electronic means. Incorporation of the above amendments shall be conditional upon their entry in the Foundation’s electronic system and presentation of the justification for the amendments in writing. Transfers of funds between the Grantees’ budgets require an annex to the Agreement. If it transpires during implementation of the Project that the Project requires the amendments other than those referred to in Section Clause 2 of this article, the Project Manager shall then be obliged to notify the Foundation in writing of the proposed amendments with a substantive justification and a potential proposal to transfer the reallocate funds within the Project budgetbudget of the Project, broken down by into specific reporting periodperiods. The amendments shall be made introduced subject to the Foundation’s written approval. No amendment to the Agreement as a result of which the Project would cease to satisfy the project selection criteria according to which it was evaluated would be acceptable. No amendment to the Agreement as a result of which the Project would not be granted the funding at the time when the Project was subjected to evaluation under the project selection procedure would be acceptable. The amendments, excluding the amendments referred to in Clause 2 of this article, must be notified not later than 3 months ahead of the end of implementation of the Project. The amendments to the Budget and to the Agreement made consistently with Clause 2 of this article and Article 3.9 3.7 shall not require the signing of an annex to the Agreement. Extension of the Project expenditure eligibility period shall be acceptable and the proposed Project implementation period must fall within SG OP’s expenditure eligibility period and may not extend beyond 30 June 2023, in particular in the following cases: when the Project Manager is a woman who, during implementation of the Project, gives birth to a child or when the Project Manager adopts a child during implementation of the Project, the Project implementation period may be extended by a period of up to 12 months for every child born or adopted during the aforementioned period; or when the Project implementation period specified in the Application is shorter than the maximum acceptable period specified in the Competition Documentation, the Project implementation period may be extended up to the aforementioned maximum duration of the Project; or when the Project implementation period in the agreement is the maximum acceptable Project implementation period adopted in the Competition Documentation, extension of the expenditure eligibility period shall be possible for a period of up to 6 months. The Foundation shall consider legitimacy of making the proposed amendments to the Application, given the preconditions that contributed to the selection of the Project for funding and the impact of the proposed amendment on the Project effects and the programme indicators. Extension of the Project expenditure eligibility period referred to in Clause 8 9 of this article shall require submission of an application together with a justification within the time limit set in Clause 6 7 of this article. The sought expenditure eligibility period may not extend beyond 30 June 2023. A change of the expenditure eligibility period shall require drawing up an annex to the Agreement. The Competition Documentation in the part relating to the conditions to be satisfied by the Grantee Project Manager, the Consortium Member’s Representative and the Grantees during implementation of the Project and of the procedures in force during implementation of the Project may be updated also after the signing of the Agreement, unilaterally by the Foundation, to which updates the Grantee Project Manager, the Consortium Member’s Representative and the Grantees hereby consentsconsent. The Foundation shall notify the Grantee Project Manager, the Consortium Member’s Representative and the Grantees of any updates and their scope. Should an update of the Competition Documentation give rise to a conflict between the provisions of the Agreement and the updated Competition Documentation, the Parties shall sign an annex to the Agreement without delay in order to bring it in line with the updated version of the Competition Documentation. Should the Grantee Project Manager, the Consortium Member’s Representative and the Grantees fail to give its their consent, following the update, to the amendments arising from the updated Competition Documentation, the Grantee they shall be obliged to continue implementation of the Project on the previously applicable terms and conditions (from before the update of the Competition Documentation), except for the amendments arising from the Foundation’s obligations towards IA SGOP, in particular those arising from the future amendments to the agreement between the Foundation and IA SGOP which amendments the Grantee is Project Manager, the Consortium Member’s Representative and the Grantees are obliged to enforce.

Amendments to the Agreement and to the Project. No amendment to the material scope of the Project referred to in Article 71 of Regulation (EU) No. 1303/2013 of the European Parliament and of the Council of 17 December 2013 shall be acceptable. During implementation of the Project, starting from the second reporting period for financial reports, the Project Manager may, unless the applicable laws and regulations, provisions of agreements and other regulations binding the Grantee provide otherwise, make amendments, at the stage of periodic reports, involving: transfers of the funds between the individual categories of the Budget, while respecting the percentage thresholds for expenditures within the cost categories defined in the Competition Documentation or Cost Eligibility Guide for Measure 4.4 for the Smart Growth Operational Programme for the units other than state aid beneficiaries, the tranche payment schedule. The aforementioned amendments shall not require the drafting of an annex to the Agreement but shall require approval by the Foundation, as a minimum using the electronic means. Incorporation of the above amendments shall be conditional upon their entry in the Foundation’s electronic system and presentation of the justification for the amendments in writing. If it transpires during implementation of the Project that the Project requires amendments other than those referred to in Section 2 of this article, the Project Manager shall then be obliged to notify the Foundation in writing of the proposed amendments with a substantive justification and a proposal to transfer the funds within the Project budget, broken down by reporting period. The amendments shall be made subject to the Foundation’s written approval. . No amendment to the Agreement as a result of which the Project would cease to satisfy the project selection criteria according to which it was evaluated would be acceptable. No amendment to the Agreement as a result of which the Project would not be granted the funding at the time when the Project was subjected to evaluation under the project selection procedure would be acceptable. The amendments, excluding the amendments referred to in Clause 2 of this article, must be notified not later than 3 months ahead of the end of implementation of the Project. The amendments to the Budget and to the Agreement made consistently with Clause 2 of this article and Article 3.9 shall not require the signing of an annex to the Agreement. Extension of the Project expenditure eligibility period shall be acceptable and the proposed Project implementation period must fall within SG OP’s expenditure eligibility period and may not extend beyond 30 June 2023, in particular in the following cases: when the Project Manager is a woman who, during implementation of the Project, gives birth to a child or when the Project Manager adopts a child during implementation of the Project, the Project implementation period may be extended by a period of up to 12 months for every child born or adopted during the aforementioned period; or when the Project implementation period specified in the Application is shorter than the maximum acceptable period specified in the Competition Documentation, the Project implementation period may be extended up to the aforementioned maximum duration of the Project; or when the Project implementation period in the agreement is the maximum acceptable Project implementation period adopted in the Competition Documentation, extension of the expenditure eligibility period shall be possible for a period of up to 6 months. The Foundation shall consider legitimacy of making the proposed amendments to the Application, given the preconditions that contributed to the selection of the Project for funding and the impact of the proposed amendment on the Project effects and the programme indicators. Extension of the Project expenditure eligibility period referred to in Clause 8 of this article shall require submission of an application together with a justification within the time limit set in Clause 6 of this article. The sought expenditure eligibility period may not extend beyond 30 June 2023. A change of the expenditure eligibility period shall require drawing up an annex to the Agreement. The Competition Documentation in the part relating to the conditions to be satisfied by the Grantee during implementation of the Project and of the procedures in force during implementation of the Project may be updated also after the signing of the Agreement, unilaterally by the Foundation, to which updates the Grantee hereby consents. The Foundation shall notify the Grantee of any updates and their scope. Should an update of the Competition Documentation give rise to a conflict between the provisions of the Agreement and the updated Competition Documentation, the Parties shall sign an annex to the Agreement without delay in order to bring it in line with the updated version of the Competition Documentation. Should the Grantee fail to give its consent, following the update, to the amendments arising from the updated Competition Documentation, the Grantee shall be obliged to continue implementation of the Project on the previously applicable terms and conditions (from before the update of the Competition Documentation), except for the amendments arising from the Foundation’s obligations towards IA SGOP, in particular those arising from the future amendments to the agreement between the Foundation and IA SGOP which amendments the Grantee is obliged to enforce.