Joint Declaration of Intent („Memorandum of Understanding“). The MoU will ensure that there is an appropriate relationship between the SKA organization and the members of the consortium; it defines its respective roles and obligations, including all delivery obligations (as defined in the work file working statement) and formal adoption by members of the consortium of SKA`s IP policy. The moU design is available here – MoU (pdf) / MoU (docx). The SKA organization will be a party of the MoUs. A page on the SKA website is created to obtain and answer questions and comments about the MoU. ——— question: „14. Other. 14.3. Is the Third Party Rights Act 1999 applicable outside the United Kingdom? Answer: the agreement is governed by English law, regardless of the nationality of the parties, so the provision applies outside the United Kingdom. There is no equivalent provision under the program. [CA]. ——— question: „6. Dismissal.
6.2. Why do we need the approval of the SKA organization to terminate a member? Answer: Paragraph 6.2 refers to the termination of the contract in its entirety and not only to the termination of a particular member`s participation. The successful delivery of work packages requires that consortia are not free to unilaterally end their delivery obligations. Article 6.1 concerns the cessation of the participation of a single member. Since all members of the consortium are considered by the SKA organization to be an important role in the successful implementation of the work package, SKA`s agreement must be obtained before members terminate another member`s contractual obligations. [CA]. ——— question: „5. Responsibilities. 5.2g.
If SKAO interacts directly with members of the consortium other than the Lead Institute, the objective of a leading institution and a coherent consortium structure will be undermined.“ Answer: Agreed. The MOU establishes a single point of contact between the SKA organisation and each consortium. [MoU]. However, the SKA organization is free, at its sole discretion, to interact directly with all members of the consortium and to participate as an observer in the consortium committee meetings. ——— question: „8. Responsibility. 8.2c. What should be done under the responsibility of one party vis-à-vis the other parties? Answer: Consortium members may include provisions in their CAs relating to their potential commitments. Overall liability refers to the maximum overall liability of a party for all claims arising from the agreement. Consortium members are free to define and/or clarify issues they deem appropriate for their certification body. The following agreements now concern the construction of SKA: ——— question: „Parties.
The parties are listed in paragraph 1 as members of the SKA organization and consortium, but paragraph 2 of the introduction indicates that SKA is not a member of the consortium, but is an observer on the consortium committee. Is it possible that SKAO is a party to a consortium agreement without being a member of the consortium concerned? Answer: The MoU clarifies the status of each party. [MoU]. SKA Organisation is not designated as a member of the consortium and is not. ——— question: „As the leader of the consortium, we would expect to conclude a SKAO consortium agreement that defines: (a) the management of the means of delivery (product) – including the explicit indication that the SKAO – Consortium negotiates and defines the work before the contract is signed; (b) the processes that govern changes in the scope of results – including negotiations to stay within the scope, priorities, etc.; c) how the delivery element is tracked (progress) and is ultimately considered „complete“ (by whom, how, etc.); the RfP lists many documents that a consortium must provide, but no contracting procedure. Answer: (a) The performance of the work is determined at the level of the work statement.