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Since the consortium agreement is indeed a commercial agreement, we strongly recommend the services of legal counsel with expertise in the development of such agreements. That said, there is one important point to consider: preparing a Horizon 2020 consortium agreement requires a significant investment of time, resources and legal resources. If the project is not funded by the European Commission, such an allocation of money and time will be mostly (and unfortunately) lost. There is a clear motivation to start working out the agreement as quickly as possible. This may be the case during the preparation phase of the offer, during which operational relations between the partners are formed and tasks are assigned. It is a good practice to ensure that the project is well planned before submission, including all legal aspects. This practice can help avoid unwanted disputes between partners. Note: The costs associated with the preparation of a consortium agreement are not reimbursable, as the consortium agreement should be signed before the grant agreement is signed. However, costs related to the updating of the consortium agreement shall be eligible if they are incurred during the duration of the action.
Although it is not mandatory, we recommend referring to the structure and guidelines of the DESCA when developing a consortium agreement. As I said above, it is advisable to use experienced legal assistance in the preparation of this agreement. The DESCA presentation should only be referenced as a means of structuring the agreement in general and taking into account important aspects to be taken into consideration. A diferencia del Grant agreement, el Consortium Agreement (o Acuerdo de Consorcio, en Español) es un documento en el que se recoge todo el marco de referencia para el trabajo que se desarrollará en el proyecto y su implementación. It allows the parties, as members of the consortium, to agree on specific details not covered by the grant agreement, such as the organisation of work, the management of intellectual property, future liability and exploitation and dissemination of results. It must supplement the grant agreement, but must never infringe the grant agreement or the Horizon 2020 participation regulation for Regulation No 1290/2013. The consortium shall endeavour to resolve any problems which may hinder the proper cooperation between the parties concerned. This is a private document among the beneficiaries of the project, which does not include the European Commission. Some aspects that generally fall under the consortium agreement: as in FP7, several institutions and groups have also developed model consortia agreements for Horizon 2020, with sometimes different approaches.
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