Agreement between the Ministry of education and science of the Russian Federation, a Russian institution of higher learning, and a Leading Scientist overseeing the implementation of a research project, on disbursement of a monetary grant of the Government of the Russian Federation designed to support scientific research projects implemented under the supervision of the world’s Leading Scientists at Russian institutions of higher learning, research organizations of the governmental academies of sciences, and governmental research centers of the Russian Federation

AGREEMENT No.____________

between the Ministry of education and science of the Russian Federation, a Russian institution of higher learning, and a Leading Scientist overseeing the implementation of a research project, on disbursement of a monetary grant of the Government of the Russian Federation designed to support scientific research projects implemented under the supervision of the world’s Leading Scientists at Russian institutions of higher learning, research organizations of the governmental academies of sciences, and governmental research centers of the Russian Federation

City of Moscow “____” ________ 2013

Pursuant to Federal Law of the Russian Federation No.216-FZ of December 3, 2012, “On the federal budget for 2013 and projected period of 2014 – 2015”, Resolution of the Government of the Russian Federation No.220 of April 9, 2010, “On measures designed to attract the world’s Leading Scientists to Russian institutions of higher learning, research organizations of the governmental academies of sciences, and governmental research centers of the Russian Federation”, decision of the Grant Board of the Government of the Russian Federation for provision of governmental support to scientific research projects implemented under the supervision of the world’s Leading Scientists at Russian institutions of higher learning, research organizations of the governmental academies of sciences, and governmental research centers of the Russian Federation (meeting minutes No.____________ of __ ___________ 2013), the Ministry of education and science of the Russian Federation, hereinafter referred to as “RF Ministry of education and science”, registered with the Ministry of taxes and duties of the Russian Federation (via its Interdistrict inspection office No.46 for the City of Moscow) on April 23, 2004 under primary state registration number , represented by the Deputy Minister of education and science of the Russian Federation, Igor Igorevich Fedyukin, acting on the basis of the Power of Attorney No. DL-246 issued on December 20, 2012, on the one hand, and _________________________________________________________________________________________________________________________________________________________________________,

(full name of the Russian institution of higher learning)

hereinafter referred to as “Host Institution of Higher Learning”, registered with ____________________________________________________________________________________,

(name of taxation body, date of registration, primary state registration number)

represented by ________________________________________________________________________,

(job title, full name)

acting on the basis of ___________________________________________________________________,

and _________________________________________________________________________________

____________________________________________________________________________________,

(Leading Scientist’s full name, citizenship, identification document data)

hereinafter referred to as “Leading Scientist”, on the other hand, hereinafter collectively referred to as “Parties” and individually – as “Party”, have agreed as follows:

1. Subject of the Agreement

1.1. The RF Ministry of education and science shall ensure that the Host Institution of Higher Learning be issued with a monetary grant in the form of a subsidy from the federal budget of the Russian Federation allocated for the purpose of supporting the implementation of scientific research projects implemented under the supervision of the world’s Leading Scientists at Russian institutions of higher learning, research organizations of the governmental academies of sciences, and governmental research centers of the Russian Federation (hereinafter referred to as “grant” and “subsidy”, respectively), designed to support a scientific research project in ____________________________________________

_____________________________________________________________________________________

(scientific discipline)

(hereinafter referred to as “research project”) to be implemented under the supervision of the Leading Scientist in compliance with the project implementation plan and the project budget approved by the Host Institution of Higher Learning and the Leading Scientist.

1.2. The total amount of the subsidy shall be ________ (_______________) roubles,

(amount in words)

including:

in 2013 - ________ (_______________) roubles;

(amount in words)

in 2013 - ________ (_______________) roubles;

(amount in words)

in 2013 - ________ (_______________) roubles.

(amount in words)

The amount of the subsidy made available to the Host Institution of Higher Learning may be reduced should the limits of the budgetary commitments of the federal budget allocated to the RF Ministry of education and science for the implementation of measures designed to provide governmental support to scientific research projects implemented under the supervision of the world’s Leading Scientists at Russian institutions of higher learning, research organizations of the governmental academies of sciences, and governmental research centers of the Russian Federation be curtailed.

1.3. The subsidy shall be paid out of the federal budget in compliance with established procedures and deposited into the Host institution’s account with a territorial subdivision of the Federal Treasury of the Russian Federation designated for registration of transactions involving amounts paid to the Host Institution of Higher Learning from the federal budget in the form of subsidies for other purposes / account with a credit organization specified in Paragraph 7 of this Agreement (hereinafter referred to as the “Host institution’s account”).

1.4. The subsidy shall be paid in installments in consideration of the interim results of the research project, as follows:

in 2013 – within 45 business days of execution of this Agreement;

in 2014 – within 45 business days of the date on which the Grant Board members reviewed the project progress report and report on eligible use of the grant funds in 2013 and decided to continue supporting the project in 2014;

in 2015 – within 45 business days of the date on which the Grant Board members reviewed the project progress report and report on eligible use of the grant funds in 2014 and decided to continue supporting the project in 2015.

2. Rights and responsibilities of the Parties

2.1. The RF Ministry of education and science shall:

2.1.1. Pay the subsidy to the Host institution’s account in the amount and in compliance with the terms and conditions accounted for by Paragraphs 1.2 – 1.4 hereof.

2.1.2. Exercise control over compliance with the terms and conditions of this Agreement by the Host Institution of Higher Learning.

2.2. The RF Ministry of education and science shall have the right to:

2.2.1. Exercise control over eligible expenditure of the subsidy, as well as adherence to the research project implementation plan and budget.

2.2.2. Exercise control over the Host Institution of Higher Learning and Leading Scientist on account of their compliance with the terms and conditions of this Agreement, as well as compliance of their reports with the actual state of affairs.

mission an authorized federal body of executive power to audit the Host Institution of Higher Learning on account of eligible expenditure of the subsidy made available hereunder.

2.3. The Host Institution of Higher Learning shall:

2.3.1. Ensure that the subsidy is used in compliance with its eligible designation specified in Paragraph 1.1 hereof, as well as the terms and conditions of this Agreement.

2.3.2. Provide premises and access to its infrastructure required for implementation of the research project.

2.3.3. Execute service or (term) labor agreements with the Leading Scientist and his research project staff members.

pensate the research project staff members in compliance with the amount and quality of their individual contributions to the project.

The total amount of compensation payable to the Leading Scientist and his research project staff members shall not exceed 60% of the total grant amount (including applicable guarantees accounted for by the labor laws of the Russian Federation, mandatory retirement plan, health insurance, and social security deductions, including temporary disability, maternity, professional illness, and workplace accident insurance).

2.3.5. Ensure control over compliance of the research project staff with the research project implementation plan.

2.3.6. Coordinate all subsidy expenditures with the Leading Scientist.

2.3.7. Account for all transactions involving subsidy funds using designated accounts.

2.3.8. Submit a report on eligible use of subsidy funds to the RF Ministry of education and science by the 15th of the month following the report quarter.

2.3.9. Raise, from sources other than the federal budget, additional funding in the amount of _______________________________(________________) roubles,

(amount in words)

including:

in 2013 - _____________ (____________________________) roubles;

(amount in words)

2014 - _____________ (______________________________) roubles;

(amount in words)

in 2015 году - _____________ (________________________) roubles,

(amount in words)

within the timeframe accounted for by the project budget.

2.3.10. Immediately notify the RF Ministry of education and science of the onset of circumstances that affect or are capable of affecting the ability of the Host Institution of Higher Learning to fulfill its obligations hereunder.

2.3.11. Provide the RF Ministry of education and science with information and documents required to exercise control over the Host Institution of Higher Learning on account of its compliance with the terms and conditions of this Agreement and compliance of its reports with the actual state of affairs, as well as eliminate any deficiencies identified in the course of verification within established and agreed-upon timeframes.

2.3.12. Repay the unspent amount of the subsidy to the federal budget in compliance with the budget laws of the Russian Federation.

2.3.13. Notify the RF Ministry of education and Science within two business days:

of an early termination of the labor agreement with the Leading Scientist or any research project staff member;

of a change in its location, mailing address, or banking details specified in this Agreement.

2.4. The Leading Scientist shall:

2.4.1. Recruit the research project staff members consisting of not less than two candidates of sciences, three graduate students, and three undergraduate students attending the Host Institution of Higher Learning (hereinafter referred to as “research project staff”).

2.4.2. Ensure that the research project achieves the following results:

Publish not less than ___ articles on the research project subject matter and (or) apply for a patent for an invention, utility model, or commercial prototype 18 months into the research project;

Publish an article on the research project subject matter and (or) apply for a patent and (or) obtain a patent for an invention, utility model, or commercial prototype 30 months into the research project.

2.4.3. Personally supervise the progress of the research project by being physically present at the Host Institution of Higher Learning:

3 months (in total) in 2013;

4 months (in total) in 2014;

4 months (in total) in 2015.

2.4.4. Make proposals to the Host Institution of Higher Learning regarding compensation of the research project staff members in compliance with the amount and quality of their individual contributions to the project.

2.4.5. Coordinate any changes in the research project staff with the Host Institution of Higher Learning.

2.4.6. Submit a research project progress report once every six months (on July 1 and December 15) to the RF Ministry of education and science[1].

2.4.7. Provide the RF Ministry of education and science with information and documents required to exercise control over the Leading Scientist on account of his/her compliance with the terms and conditions of this Agreement and compliance of his/her reports with the actual state of affairs, as well as eliminate any deficiencies identified in the course of verification within established and agreed-upon timeframes.

2.4.8. Immediately notify the RF Ministry of education and science of the onset of circumstances that affect or are capable of affecting the ability of the Leading Scientist to fulfill his/her obligations hereunder, as well as circumstances that make it impossible to achieve the anticipated project results and circumstances that make continued implementation of the research project inexpedient.

2.4.9. Refer to this Agreement and the Host Institution of Higher Learning when publishing any works involving the research project results, interim or otherwise.

2.4.10. Notify the RF Ministry of education and Science within two business days:

of an early termination of his/her agreement with the Host Institution of Higher Learning;

of any changes in his/her mailing address, identification document details, and other data specified herein.

3. Copyright

3.1. The Host Institution of Higher Learning shall own exclusive rights to any intellectual property created hereunder, such as inventions, utility models, industrial prototypes, integrated circuit topographies, software products, databases, know-how, etc.

The Host Institution of Higher Learning shall take legally binding measures to ensure legal protection of any patentable results of the research project in compliance with applicable norms of the Civil Code of the Russian Federation.

3.2. The Host Institution of Higher Learning shall be solely responsible for any costs associated with legal protection of any patentable results of the research project.

3.3. The Host Institution of Higher Learning shall use any intellectual property created hereunder in compliance with applicable norms of the Civil Code of the Russian Federation.

4. Liability

4.1. Any Party that has failed to fulfill its obligations hereunder properly and in full shall be held liable in compliance with applicable laws of the Russian Federation unless it succeeds in proving its failure to do so was accounted for by force-majeure circumstances.

4.2. The Host Institution of Higher Learning shall be held liable for ineligible expenditure of the subsidy, for failure to submit or for late submission of a report on eligible expenditure of the subsidy.

4.3. The Leading Scientist shall be held liable for failure to achieve the anticipated research project results accounted for by this Agreement.

5. Additional provisions

5.1. For the purposes of this Agreement, the Parties shall agree upon a list of confidential data, should it be so required.

5.2. This Agreement is governed by material law of the Russian Federation.

5.3. Any disputes arising from or in connection with this Agreement the Parties shall adjudicate by means of negotiation.

Any dispute that the Parties have tried and failed to reach a consensus on by means of negotiation shall be forwarded to the Arbitration Court of Moscow in compliance with procedures accounted for by applicable laws of the Russian Federation.

5.4. Any changes to this Agreement shall be initiated by the Parties and documented in writing in the form of additional agreements hereto that shall be part and parcel hereof.

6. Term and termination

6.1. This Agreement shall take effect upon endorsement by the Parties and remain in effect until the Parties have fulfilled their obligations hereunder properly and in full.

6.2. This Agreement may be terminated early upon mutual consent of the Parties.

6.3. The RF Ministry of education and science may terminate this Agreement early by notifying the other Parties in writing of its reason for termination if:

6.3.1. The anticipated research project results cannot be achieved due to circumstances beyond control of the Leading Scientist and/or Host Institution of Higher Learning.

6.3.2. The agreement between the Leading Scientist and Host Institution of Higher Learning executed in compliance with this Agreement has been terminated for reasons other than those accounted for by Paragraph 6.3.1 hereof.

6.3.3. The Leading Scientist and/or the Host Institution of Higher Learning has failed to submit reports accounted for hereby or submitted said reports more than 30 days past the deadline for no good reason.

6.3.4. The Host Institution of Higher Learning has been found to use the subsidy for ineligible purposes.

6.4. If this Agreement is terminated early in compliance with Paragraph 6.3.1 hereof, the Host Institution of Higher Learning shall repay the unused amount of the subsidy within 10 business days of being notified of the termination by the RF Ministry of education and science.

6.5. If this Agreement is terminated early in compliance with Paragraphs 6.3.2 – 6.3.4, the Host Institution of Higher Learning shall repay the unused amount of the subsidy in compliance with applicable budget laws of the Russian Federation.

6.6. If this Agreement is terminated early by mutual consent of the Parties, the Parties shall, within 30 days of the date of their decision to terminate the Agreement early, negotiate the amount and cost of completed research project activities, as well as the unspent amount of the subsidy subject to repayment by the Host Institution of Higher Learning.

6.7. This Agreement shall be in 4 (four) original copies of equal legal force, two copies for the RF Ministry of education and science, one copy – for the Host Institution of Higher Learning, and one copy – for the Leading Scientist.

7. Addresses and banking details of the Parties

Ministry of education and science of the Russian Federation	Host Institution of Higher Learning	Leading Scientist
Address: Moscow, 11 Tverskaya Street, building 4 Phone: 1	Address:	Address:
Banking details: INN Interregional operational division of the RF Treasury (Ministry of education and science of the Russian Federation)	Banking details:
Account No.
OPERU-1 Bank of Russia Moscow
Account No.
BIC
KPP
OKOPF 72
OKPO
OKVED 75.11.11

8. Signatures of the Parties

Ministry of education and science of the Russian Federation	Host Institution of Higher Learning	Leading Scientist
________________________ ___________ /____________ signature full name seal	________________________ ___________ /___________ signature full name seal	__________________ __________ /________ signature full name

[1] In 2013, the research project progress report shall be submitted to the RF Ministry of education and science once by December 15, 2013. Effective 2014, such a report shall be submitted to the RF Ministry of education and science once every six months (by July 1 and December 15).