Provision Language
Attachment 6: Research Subaward Agreement
1. The Project
1.03 The PTE will evaluate whether individual Milestones have been met on an on-going basis. If an individual Milestone is not met by the agreed date (and where this is not the subject of an immediate review under the end of Stage process set out at Article II), the PTE may either:
(a) amend the Milestone in agreement with the Subrecipient, provided that:
(i) either (A) the company support team provided by the PTE (the “Company Support Team”) together with the Post-Award Advisory Board Chair or (B) the Post-Award Advisory Board, advises that this is appropriate; and
(ii) the amended Milestone still delivers the agreed objectives of the current Stage; or
(b) cease funding activities under the Subaward Agreement, in accordance with termination provisions identified in Face Page hereto, Terms and Conditions, Article 9 (48 CFR part 31.2).
Attachment 8: Non Federal Sponsor Terms and Conditions – BMBF
Termination/Repayment
In the event that BMBF terminates PTE prime award, in whole or in part, PTE may terminate this Subaward Agreement, in whole or in part. PTE will terminate this Subaward Agreement in the case of credible fraud or serious misconduct including circumstances where the Subaward has been obtained through credible fraud or serious misconduct (e.g. deliberate deception, threats or corruption or the provision of materially false, misleading or incomplete information), if the requirements for the conclusion of the Agreement subsequently no longer apply, if funds are used inappropriately, if the Subaward is no longer being used for the intended purpose, or if a condition has arisen under which the Subaward Agreement becomes invalid.
In the event of termination, in whole or in part, the relevant portion of the Subaward Agreement must be repaid. The following repayment provisions will apply to the BMBF portion of the funding. The amount to be repaid bears annual interest at five per cent above the basic interest rate set out in Section 247 of the German Civil Code (BGB).
