[Uni-verse] Re: Uni-Verse consortium agreement

[Gert Svensson]

I can inform you that we just recived the pre-financing so now we only 
wait on the signature
of the Consortium Agreement.

Best Regards
Gert

Gert Svensson wrote:

> Dear Mr. Dorner,
>
> after a discussion with the other partners yesterday I'm inclined to 
> believe that I misunderstood your comment.
> Am I right that you are not referring to the first payment but the 
> subsequent payments?
> The distribution for that could easily be changed to what you suggest.
>
> I enclose a new version of the contract which is updated. It also 
> contain another update about the wording on the open source licence.
> Also the appendix C for the Interactive Institute has been updated.
> The latest changes are marked with green.
>
> Please let me have your comments as soon as possible.
> If we can't find a common understanding about the CA before next week
> the distribution of the final prepayment will be delayed until the 
> latter part of August.
>
> Best Regards
> Gert Svensson
>
> Gert Svensson wrote:
>
>> Dear Mr Dorner,
>>
>> your letter was just forwarded to me by the Blender Foundation.
>> You seem to have sent the email to uni-verse mailing list 
>> administrator instead to the entire list.
>> Anyway I have received the mail now.
>>
>> I must say that I'm quite surprised to receive thus fundamental 
>> comment in this late stage.
>> I don't know if you are aware of that the projected started Feb. 1.
>> They payment from the commission will arrive any day now. Without a 
>> signed
>> consortium agreement I cannot distribute the prepayment to the partners.
>>
>> As it stands now 50 % of the first prepayment is delivered right away 
>> and 50 % after a preliminary
>> cost statement after month 6 (august). This would mean that you would 
>> get all the funding by september.
>> I can't see how this would cause you any trouble.
>>
>> If we would change the CA now it would mean that all the partners has 
>> to go their lawyers to get a new
>> approval. I think this would delay the payment to you and all 
>> partners considerable more than the proposed schema.
>>
>> I hope you can reconsider your position.
>>
>> Best Regards
>> Gert Svensson
>> Phone: +46 8 790 78 84
>> Email: gert@pdc.kth.se
>>
>>> From: Rüdiger Dorner <ruediger.dorner@zv.fraunhofer.de>
>>> Date: Mon May 31, 2004  21:28:55 Europe/Amsterdam
>>> To: uni-verse-admin@blender.org
>>> Cc: Volker Luckas <volker.luckas@igd.fraunhofer.de>, Grit 
>>> Heina-Hoebel  <grit.heina-hoebel@igd.fraunhofer.de>, Sascha 
>>> Schneider  <Sascha.Schneider@igd.fraunhofer.de>
>>> Subject: Uni-Verse Consortium Agreement
>>>
>>> Dear Mr. Svensson,
>>>
>>> Thank you very much for providing us with your current draft  
>>> consortium agreement regarding the Uni-Verse Project. This is to  
>>> inform you that we agree with your last draft, version 4, 
>>> 2004-04-14,  except with the provisons regarding the distribution of 
>>> the  prefinancing in Art. 6.2. Please understand that we are not in 
>>> a  position to accept rules which lead to a situation where 
>>> Fraunhofer  would be forced to prefinance its expenses. We are a 
>>> non-profit  organisation and as such we feel necessary to get 100 % 
>>> or nearly the  full amount which is received by KTH from the 
>>> Commission concerning  Fraunhofer´s share of the amount of any 
>>> prefinancing.
>>>
>>> In conclusion we suggest that with respect to all periods (first  
>>> tranche and any subsequent tranche) where a prefinancing will be 
>>> paid  by the Commission to your bank account you should forward an 
>>> amount of  at least 85 % of our share of this prefinancing to our 
>>> account. The  remaining 15 % should be paid after receipt of the 
>>> concerned project  deliverables and following the Commission´s 
>>> approval of such project  deliverables. The balance of the last 15 % 
>>> should be due upon receipt  of the project deliverables, however 
>>> only in cases where deliverables  have to be submitted at all. In 
>>> cases where any partipant is not  obliged to provide a deliverable 
>>> the balance must be paid
>>> immediately after expiry of the twelve months period.
>>>
>>> Finally, I would like to inform you that Fraunhofer-IGD is a public  
>>> body in the sense of the Model Contract. Should you need any proof  
>>> thereof please let me know. In such case I would provide you with  
>>> documents giving proof to this issue.
>>>
>>> In case of any queries please do not hesitate to contact me. I do  
>>> apologize for not having responded earlier, however due to some  
>>> business trips of our project leader it was not possible to combine  
>>> the legal and technical point of view regarding the current draft  
>>> consortium agreement.
>>>
>>> Kind regards
>>>
>>> Rüdiger Dorner
>>> Head of Department
>>>  
>>>
>>> Bitte beachten Sie folgende Änderung der Adresse der  
>>> Fraunhofer-Gesellschaft
>>> Please note the following change of address:
>>>
>>> Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
>>> Zuwendungen und EU-Projekte / Public and EU-Projects
>>> Hansastr. 27c
>>> D - 80686 München
>>> Tel.: +49-89-1205-2700
>>> Fax : +49-89-1205-7534
>>> ruediger.dorner@zv.fraunhofer.de
>>>
>>> Intranet: http://info.fraunhofer.de/private/b7/index.htm
>>> Internet: http://www.fraunhofer.de
>>>  
>>>
>>>
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