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	<title>Comments on: 6.1 General structure</title>
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	<link>http://feedback.desca-fp7.eu/2008/07/28/61-general-structure/</link>
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	<lastBuildDate>Tue, 26 Aug 2008 11:56:11 +0000</lastBuildDate>
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		<title>By: admin</title>
		<link>http://feedback.desca-fp7.eu/2008/07/28/61-general-structure/#comment-9</link>
		<dc:creator>admin</dc:creator>
		<pubDate>Tue, 26 Aug 2008 11:56:11 +0000</pubDate>
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		<description>Dear Dajana,

thank you for your feedback. We completely agree with you. However, we interpret the clause differently.
“Legal entity” in this clause shall solely mean that the coordinator participates in the project as legal entity. The Coordinator might be seen as a person so this clause just clarifies that he/she is a legal entity. In our understanding every beneficiary participating in the Grant Agreement is a legal entity. The attribute of being a legal entity does not comprise any right to represent another party (other legal entities) or any other right apart from the provisions of the Grant Agreement. In addition, clause 11.2 constitutes that no party, including the coordinator, is entitled to act on behalf of any other party. 

11.2 No representation, partnership or agency The Parties shall not be entitled to act or to make legally binding declarations on behalf of any other Party. Nothing in this Consortium Agreement shall be deemed to constitute a joint venture, agency, partnership, interest grouping or any other kind of formal business grouping or entity between the Parties.

I would also like to refer to the Grant Agreement. The term “legal entity”
is as well used by the commission, e.g. Article 1

1. The coordinator shall endeavour to ensure that each legal entity identified below accedes to this grant agreement as a beneficiary, assuming the rights and obligations established by the grant agreement with effect from the date on which the grant agreement enters into force, by signing Form A in three originals, countersigned by the coordinator.


I hope this is helpful.

Please let us know if you still argue that “legal entity” could be interpreted in a different way. 

Best regards,

Tanja Schöpke
DESCA Core Group</description>
		<content:encoded><![CDATA[<p>Dear Dajana,</p>
<p>thank you for your feedback. We completely agree with you. However, we interpret the clause differently.<br />
“Legal entity” in this clause shall solely mean that the coordinator participates in the project as legal entity. The Coordinator might be seen as a person so this clause just clarifies that he/she is a legal entity. In our understanding every beneficiary participating in the Grant Agreement is a legal entity. The attribute of being a legal entity does not comprise any right to represent another party (other legal entities) or any other right apart from the provisions of the Grant Agreement. In addition, clause 11.2 constitutes that no party, including the coordinator, is entitled to act on behalf of any other party. </p>
<p>11.2 No representation, partnership or agency The Parties shall not be entitled to act or to make legally binding declarations on behalf of any other Party. Nothing in this Consortium Agreement shall be deemed to constitute a joint venture, agency, partnership, interest grouping or any other kind of formal business grouping or entity between the Parties.</p>
<p>I would also like to refer to the Grant Agreement. The term “legal entity”<br />
is as well used by the commission, e.g. Article 1</p>
<p>1. The coordinator shall endeavour to ensure that each legal entity identified below accedes to this grant agreement as a beneficiary, assuming the rights and obligations established by the grant agreement with effect from the date on which the grant agreement enters into force, by signing Form A in three originals, countersigned by the coordinator.</p>
<p>I hope this is helpful.</p>
<p>Please let us know if you still argue that “legal entity” could be interpreted in a different way. </p>
<p>Best regards,</p>
<p>Tanja Schöpke<br />
DESCA Core Group</p>
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