The British Coal Utilisation Research Association


3.7) TERMS AND CONDITIONS

BCURA grants are subject to terms and conditions which will be supplied on request. However, An example of the BCURA model contract issued after 1st January 2002, is described below.




BRITISH COAL UTILISATION
RESEARCH ASSOCIATION



BCURA



B(number of contract)

UNIVERSITY OF (name of University)



AGREEMENT NO B(number of contract)

This Agreement is made the .... day of20_ _ between the British Coal Utilisation Research Association (hereinafter `BCURA') and (name of the University) (hereinafter `the Institution') in accordance with the details, terms and conditions stated herein.


PROJECT OBJECTIVE

  1. The principal objectives of this project are (summary of project objectives).

PROGRAMME OF WORK

  1. The Institution shall carry out the Programme of Work described at Appendix `B' hereto, and the reporting required by Clause 10 below (hereinafter `the Work'), to the satisfaction of BCURA and as estimated in the Timescale at Appendix `C' hereto and the Estimated Cost Breakdown supplied by the Institution at Appendix `D' hereto.

  2. Inclusion of Appendix `D' does not imply acceptance of any costings contained therein. Acceptance by BCURA of the Institution's costs is subject to Clauses 14 to 17 of the Agreement.

GENERAL CONDITIONS

  1. The Agreement shall be subject to the Standard Conditions of Agreement shown at Appendix `A' hereto which shall apply to and be incorporated in the Agreement.

  2. The Agreement is `for Services' and not `of service' and accordingly the Institution's staff shall for no purpose be regarded as employees of BCURA.

DURATION

  1. Subject to the provisions of the Agreement, the Work shall commence on (date) ("the Commencement Date") and shall be completed by (date) or such later date as may be agreed by the parties hereto. Any of the Work properly undertaken from (date) shall be regarded as done in part performance of the work.

MANAGEMENT OF THE PROJECT

  1. Project Manager

    The day to day management of the Work shall be the responsibility of the Institution who shall appoint (name of University Project Manager) (or such other person as may be agreed by the parties hereto) as University Project Manager.

  2. BCURA Industrial Supervisor

    The BCURA Industrial Supervisor appointed by BCURA for technical liaison with the Institution shall be (name of BCURA Industrial Supervisor and affiliation) or such other person as BCURA may from time to time nominate in writing for the purpose who shall have the following responsibilities:-

    1. to ensure that the Institution is satisfactorily carrying out the Work;

    2. to bring to the notice of the Institution's representatives any aspects of the Work on which he considers that the performance of the Institution is not sufficient to secure the timely achievement of the Work;

    3. to examine and certify Progress Payment claims (Clause 20 refers).

  3. Project Co-ordination and Review

    The BCURA Industrial Supervisor and the University Project Manager shall be responsible for the co-ordination of the Work and in particular they shall meet at intervals as may be mutually agreed to review the technical progress and consider any amendments to the Work and arrange for additional representation where the circumstances require it. The Institution shall provide adequate facilities for those meetings which are held on the Institution's premises as shall BCURA for those meetings held on BCURA's premises.

REPORTS

  1. The Institution shall supply to the BCURA Industrial Supervisor the following reports containing an account of progress with the Work in a form agreed with the BCURA Industrial Supervisor and otherwise following the requirements issued by BCURA for the preparation of reports, (Appendix E) :-

    1. three hard (paper) copies (one for the BCURA Industrial Supervisor and two for the BCURA Technical Officer) of reports required in order to comply with Clause 31 below;

    2. three hard (paper) copies, (one for the BCURA Industrial Supervisor and two for the BCURA Technical Officer), of Six-monthly Progress Reports to cover six-monthly periods from the commencement date of the contract plus one electronic copy in Microsoft Word or other agreed format, one month after each six month period commencing on the Commencement Date or an anniversary thereof ("an Annual Date") and after each 6 month period commencing on the Commencement Date or a date six months after an Annual Date respectively;

    3. upon completion of the Programme of Work three copies of a draft Final Report describing all the work carried out, within one month of the completion of the work;

    4. upon receipt of the BCURA Industrial Supervisor’s formal approval of the draft Final Report fifteen copies of the agreed Final Report plus one electronic copy in Microsoft Word or other agreed format;

  2. The Institution shall supply to BCURA at six-monthly intervals one copy of a Financial Progress Report detailing all costs incurred, in the format of Appendix `D' hereto.

  3. All reports shall be addressed to BCURA's Company Secretary (Clause 22 refers).

ACCESS

  1. The Institution shall provide access on reasonable notice to BCURA and their representatives and all such facilities as BCURA may reasonably require from time to time for assessing the progress of the Work, auditing the accounts and financial reports referred to in Clause 11 above and inspecting the work in hand.

ADMISSIBLE COSTS

  1. Subject to the provisions of Clauses 15 to 17 below and to the Limit of Liability in Clause 22 BCURA will pay the following actual costs properly incurred for the purposes of the Work:-

    1. Direct Labour – Salaries/Studentship, (stipend and Fees)

    2. Overhead at x% of Direct Labour
    3. Consumables
    4. Maintenance
    5. Equipment
    6. Travel

  2. Payment will only be made by BCURA in respect of Work carried out within the start and finish dates specified for the Work in Clause 6 above.

  3. The Institution shall furnish such particulars of cost in connection with the Agreement as may reasonably be required by BCURA and permit the same to be verified by the representatives of BCURA by inspection of his books, accounts and other documents and records.

  4. The total amount due under the Agreement shall be subject to BCURA being satisfied, either from inspection of the costs of the Institution and his suppliers or otherwise, that the charges under Clause 14 are fair and reasonable. In the event of BCURA acting reasonably, considering that such charges are in excess of what is fair and reasonable, the charges shall be reduced to such amount as is fair and reasonable.

LIMITATION OF LIABILITY

  1. The total amount to be paid by BCURA for the Work carried out under the Agreement shall not, without BCURA's approval in writing, exceed (value of contract in numbers) (value of contract in words).

  2. If at any time the Institution considers that the Work cannot be completed without exceeding the sum in Clause 18 above, he shall, without waiting for the next Financial Progress Report called for under Clause 11 immediately inform BCURA and at the same time provide an explanation of the circumstances.

  3. Six-monthly Progress Payments in respect of the Work carried out may be claimed by the Institution, subject to the following:-

    1. claims shall not exceed 100% of expenditure incurred;

    2. the Institution having complied with its duties to deliver reports under Clause 10,

    3. prior to submission of an agreed Final Report as required under Clause 10 (iv) the maximum sum payable shall not exceed (value of in numbers) (value of in words). (= 80% of the Limit of Liability).

    4. upon submission of an agreed Final Report a further progress payment may be claimed which, when taken together with progress payments claimed under (b) above, shall not exceed (value of contract in numbers) (value of contract in words). (= 90% of the Limit of Liability).

  4. BCURA have the right, acting reasonably, to amend the maximum sums payable and the percentages which are specified in Clause 20 above.

  5. Claims rendered to BCURA shall:-

    1. be headed "BCURA Research Grants";

    2. quote the appropriate BCURA reference number B(number of contract);

    3. indicate clearly the title of the Work, the period covered and the amount due;

    4. be as analysed in the format of Appendix D;

    5. be addressed to:-

      The Company Secretary
      BCURA
      Gardner-Brown Ltd.,
      Calderwood House,
      7, Montpellier Parade,
      CHELTENHAM
      GLOS. GL50 1UA.

    6. be paid by BCURA within 90 days provided that the Institution has delivered all reports due under Clause 10 during that period.

FINAL SETTLEMENT

  1. On satisfactory completion of the Work the Institution shall submit to BCURA a Certificate of Cost signed by its Chief Accountant, broken down to show the costs and effort in terms of time under the headings detailed in Clause 14. BCURA will if it considers it desirable or necessary carry out the verifications and inspections referred to in Clause 16. On completion of such inspections and verifications BCURA and the Institution will agree the total amount due to the Institution (whether or not paid), following which the Institution shall submit a final invoice to BCURA.

  2. The amount payable to the Institution will be the sum agreed under Clause 23 hereof less any progress payments made under Clause 20 provided that no sum shall be payable unless the certificate of cost has been submitted to BCURA within 12 months of satisfactory completion of the work. In the event that such progress payments exceed the sum agreed under Clause 23 above the amount of such overpayment shall be refunded to BCURA.

  3. The total payments under this Clause shall not exceed the sum specified in Clause 18.

SUB-CONTRACTS

  1. Without prejudice to the provisions of Condition 6 of Appendix `A' hereto the Institution shall ensure that the terms and conditions of any sub-contract into which he may enter for the purposes of the Agreement shall safeguard the rights, including rights in industrial property, and interests of both parties hereto.

THIRD PARTY PATENTS

    1. The Institution will make available free of any charge or royalty all patent and other intellectual property rights owned or controlled by the Institution which are necessary to carry out the Work.

    2. The Institution warrants that he has made full and proper enquiries concerning patents and other intellectual property rights and that to the best of his knowledge there are no patents or other intellectual property rights which are not owned or controlled by the Institution, and which are necessary to carry out the Work or to exploit the Results.

  1. If the Institution is or becomes aware of any third party patent or patent application or any other industrial property right relevant to the exploitation of the Results the Institution shall immediately inform BCURA.

LIABILITY OF PARTIES

  1. (a) BCURA shall not be liable for, and the Institution shall indemnify BCURA against, any loss suffered by the Institution or any other person or for any damage to any property of the Institution or of any other person or for the injury or death of any person or any infringement of copyright or patent arising from or in consequence of the execution or purported execution of the Work or anything done pursuant to Clause 13 of the Agreement except for loss, damage, injury or death caused by the negligence of BCURA or their employees or agents.

  1. (b) The Institution shall accept full responsibility as employer for all the staff engaged on the Work.

PATENTS AND CONFIDENTIALITY

  1. All rights in any information reports, inventions and know-how arising from the Work ("the Results") shall be the property of the Institution provided that:-

    1. the Institution hereby grants BCURA a non-exclusive, royalty-free, world-wide irrevocable licence to use, copy and sub-license the Results and to publicise the Results in general terms, and unless otherwise agreed prior to the making of this Agreement, such royalty-free licence shall also extend to any patent and other intellectual property rights owned or controlled by the Institution which are necessary to exploit the Results.

    2. the Institution shall promptly report to BCURA full particulars of the Results;

    3. the Institution shall inform BCURA within 3 months of the completion of the Work what patents or other intellectual property protection the Institution intends to seek in respect of the Results;

    4. if the Institution does not notify BCURA that it intends to seek intellectual property protection in respect of any part of the Results BCURA or its nominee shall be entitled, at their own expense, to seek such protection for themselves and to own rights, title and interest to the Results protected by such protection subject to the Institution being granted a non-exclusive, royalty-free, world-wide licence to use, copy and sub-licence such of the Results as is subject to such patents or other protection for the duration of the patents or other protection and any extension thereof and the Institution shall co-operate with BCURA and make such reasonable effort to furnish information in a timely fashion to enable the prompt filing and prosecution of the application in question, and, if BCURA so request, shall assign its relevant ownership rights to BCURA and execute all documents necessary to effect that result without payment of any Compensation. If BCURA decides not to seek the said protection of the Results, BCURA shall ensure the publication of the Results destructive of novelty.

  2. It is the wish and intention of BCURA that the Results shall be published by or on behalf of the persons carrying out the Work so as to be freely available, so long as such publication does not prejudice any application or propose application by the Institution or BCURA for patent or other intellectual property protection. The Institution shall notify BCURA in writing of any proposed publication and shall secure that, unless BCURA otherwise agree in writing, the draft of such proposed publication is submitted to BCURA for approval and the publication is not made otherwise than as so approved. If the publication is printed, the Institution shall secure that BCURA may obtain, at their own expense, such number of reprints as they may require.

  3. The Institution shall treat and shall procure that all persons working on or in any way concerned with the Work on behalf of the Institution treat as strictly confidential:-

    1. any information transmitted to them by BCURA, or acquired by them as a result of visits to BCURA's establishments in connection with the Work and will not use such information or disclose it to any third party without consent in writing from BCURA, provided that this undertaking shall not apply to any information which is or becomes public knowledge, or is already in the possession of the Institution or such persons, or is lawfully acquired by the Institution or such persons from a third party entitled to transmit it to them;

    2. all terms and conditions of this Agreement including, but without prejudice to the generality of the forgoing, the scope and programme of the Work described at Appendix `B' hereto.

  4. The Institution shall take all such precautions (including any which may be specified by BCURA) as may be necessary to secure that the confidential information referred to in Paragraph 32 is kept confidential.

  5. The confidential information and every part thereof referred to in Paragraph 32 shall at all times remain the property of BCURA and the Institution shall deliver back such information to BCURA, together with all copies thereof whether in writing or in any other form, on the expiry or earlier termination of the period of this Agreement or when the Institution no longer requires such information or part for the purposes of the Work, or at any time if so requested by BCURA.

  6. (a) The Institution shall impose all such duties and obligations on persons working on or in any way concerned on his behalf with the Work as may be necessary to secure that effect is given to the provisions of Paragraphs 30 and 34.

  1. (b) BCURA agrees that information relating to or arising from the Work may be included without restriction in a dissertation prepared by the Research Student for submission in accordance with the regulations of the University. Nothing contained in this Agreement shall be interpreted as preventing or unduly delaying such submission. The University agrees to consult with BCURA regarding the selection of external examiners. External examiners shall be required to sign a confidentiality agreement relating to the dissertation should BCURA make a written request to the University. Should BCURA wish to seek any special requirements in respect of the lodging of the dissertation, it will inform the University in writing within 30 days of receipt of a manuscript of the dissertation.

APPARATUS AND EQUIPMENT

  1. All non-consumable apparatus and equipment acquired by the Institution under this Agreement for the purposes of the Work shall be the property of BCURA. The Institution shall maintain and shall (with the financial progress reports referred to in Clause 11) provide BCURA with a record of all such non-consumable apparatus and equipment having an original cost in excess of £500. Such record shall include the name of the supplier, description of the property and purchase price and all such property shall be identified by a suitable mark or attachment linking it to the record. BCURA will be entitled at any time within six months after the expiry or earlier termination of the Agreement to have such apparatus and equipment delivered to them at the expenses of BCURA, but normally they will give the Institution the opportunity to tender for the purchase of the apparatus and equipment.

  2. The Institution shall at his own expense, insure and keep insured against the usual risks during the period of the Work and thereafter until delivered to BCURA the apparatus and equipment referred to in Clause 36 and shall at BCURA's request produce for inspection the policies of insurance and the last receipts for premium thereon.

ACKNOWLEDGEMENTS

  1. The Institution shall secure that any publications or thesis based on the Work includes the following acknowledgement, or an acknowledgement to substantially the same effect -

"Acknowledgement is made to the British Coal Utilisation Research Association and the UK Department of Trade and Industry for a grant in aid of this research, but the views expressed are those of the author, and not necessarily those of BCURA or the Department of Trade and Industry".

RESTRICTION ON USE OF BCURA's NAME

  1. Nothing in this arrangement shall entitle any person to describe himself as a BCURA or Department of Trade and Industry fellow or scholar, and the Institution shall take all such steps as are necessary to secure that these or similar descriptions are not used by persons working on or in any way concerned on their behalf with the Work.

SAFETY LEGISLATION

  1. The Institution shall ensure that any persons working on or in any way concerned with the Work on his behalf who visit a colliery site for the purposes of the Work comply with the Mines and Quarries Act, 1954, the Health and Safety at Work, etc Act 1974 and with all the regulations, orders and rules thereunder or in force at the colliery so far as the same are applicable and with all the requirements of the colliery manager.

PREMATURE TERMINATION OF THE AGREEMENT

  1. BCURA are entitled to terminate the Agreement at any time. Such termination will normally be subject to one week's notice in writing but may be summary in the event of the Institution's material breach of Contract. Termination shall be without prejudice to the rights and obligations of the parties accrued to date of termination.

  2. In the event of premature termination, the Institution shall provide BCURA with such reports as may be required within three months of the date of termination. BCURA will make payment to the Institution of all costs properly incurred in carrying out the Work up to the date of termination, provided such expenditure is within the Agreement price and the individual limits stated in the Limitation of Liability Clause.

  3. Thereafter BCURA will reimburse the Institution in respect of expenditure incurred after the date of termination only in so far as such expenditure results from irrevocable commitments properly entered into by the Institution in connection with the Work before the date of termination, provided such expenditure is within the Agreement price and the individual limits stated in the Limitation of Liability Clause.


SIGNED ................................................................................
For BCURA


DATE .....................................................................................


SIGNED ..................................................................................


Duly authorised to sign for an on behalf of ........................................................................................


DATE ........................................................................................




APPENDIX `A' TO
AGREEMENT NO B (number of contract)

STANDARD CONDITIONS OF AGREEMENT

  1. INTERPRETATION, ETC

    (1) In these Conditions "the Agreement" means the agreement concluded between BCURA and the Institution, including all specifications, plans, drawings and other documents which are relevant to the Agreement and also such of these Conditions as re included in the terms and conditions of the Agreement.

    (2) The following provisions shall have effect with respect to the interpretation of the Agreement except where the contents otherwise requires:-

    1. "the Work means all work including the supply of goods and services including reports which the Institution is required under the Agreement to carry out;

    2. "the Institution" means the person who by the Agreement undertakes the Work for BCURA and, where the Institution is an individual or a partnership, the expression shall include the personal representatives of that individual or of the partners, as the case may be, and the expression shall also include any person to who the benefit of the Agreement may be assigned by the Institution with the consent of BCURA;

    3. "the BCURA Industrial Supervisor" means the officer appointed by BCURA to act as the BCURA Industrial Supervisor for the purposes of the Agreement. The BCURA Industrial Supervisor appointed shall be specified in the Agreement;

    4. "the Agreement Price" means the price exclusive of Value Added TAX, payable to the Institution by BCURA under the Agreement for the full and proper performance by the Institution of his part of the Agreement as determined under the provision of the Agreement;

    5. "loss" includes destruction;

    6. "month" means calendar month;

    7. "person" includes a corporation;

    8. "representative of BCURA" in any provision of the Agreement means the person duly authorised by BCURA to act for the purposes of the provision;

    9. the masculine includes the feminine;

    10. the singular includes the plural, and vice versa;

    11. references to any enactment, order, regulation or other similar instrument shall be construed as a reference to the enactment, order, regulation or instrument and amended by any subsequent enactment, order, regulation or instrument;

    (3) The headings to these Conditions shall not affect the interpretation thereof.

    (4) Any decision, act or thing which BCURA are required or authorised to take or do under the Agreement may be taken or done by any person authorised, either generally or specially, by BCURA to take or do that decision, act or thing.

    (5) Any notice or other communication whatsoever which BCURA are required or authorised by the Agreement to give or make to the Institution shall, without prejudice to any other method of giving or making it, be sufficiently given or made if it is sent by post in a prepaid letter addressed to the Institution by name at the last known place of abode or business of the Institution and if that letter is not returned through the Post Office undelivered that notice or communication shall be deemed for the purposes of the Agreement to have been given or made at the time at which that letter would in the ordinary course of post be delivered.

  2. SCOPE AND DURATION OF WORK

    The Institution shall carry out the Work detailed in the Agreement between the dates specified in the Agreement. The Institution shall exercise all reasonable skill, care and diligence in the discharge of all duties to be performed by him and all Work shall be completed to the satisfaction of the BCURA Industrial Supervisor.

  3. PAYMENT OF THE AGREEMENT PRICE AND RECOVERY OF SUMS DUE

    Payment of the Agreement Price shall be made by BCURA in the manner prescribed in the Agreement. Claims for such payment shall be rendered to BCURA at the time and in the manner specified by BCURA in the Agreement. Whenever under the Agreement any sum of money shall be recoverable from or payable by the Institution, the same may be deducted from any sum then due, or which at any time thereafter may become due, to the Institution under the Agreement or under any other Agreement with BCURA.

  4. BANKRUPTCY, ETC

    BCURA may at any time by notice in writing summarily determine the Agreement without compensation to the Institution in any of the following events:-

    1. if the Institution, being an individual, or, where the Institution is a firm, any partner in that firm shall at any time become bankrupt, or shall have a receiving order or administration order made against him, or shall make any composition or arrangement with or for the benefit of his creditors, or shall make any conveyance or assignment for the benefit of his creditors, or shall purport to do so, or if in Scotland he shall become insolvent or notour bankrupt, or any application shall be made under any Bankruptcy Act for the time being in force for sequestration of his estate, or a trust deed shall be granted by him for behalf of his creditors; or

    2. if the Institution, being a Company, shall pass a resolution, or the Court shall make an order, that the Company shall be wound up, or if a receiver or manager on behalf of a creditor shall be appointed, or shall make any composition or arrangement with or for the benefit of his creditors, or if circumstances shall arise which entitle the Court or a creditor to appoint a receiver or manager or which entitle the Court to make a winding-up order:

    Provided always that such determination shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to BCURA.

  5. RACIAL DISCRIMINATION

    (1) The Institution shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 or any statutory modification or re-enactment thereof relating to discrimination in employment.

    (2) The Institution shall take all reasonable steps to secure the observance of the provisions of Clause (1) hereof by all servants, employees or agents of the Institution and all subcontractors employed in the execution of the Agreement.

    (Note: Institutions will be aware that the Race Relations Act 1976 does not apply in Northern Ireland but attention is drawn to Clause (2) above which will be relevant in the case of subcontractors in other parts of the United Kingdom).

  6. TRANSFER AND SUBLETTING

    The Institution shall not give, bargain, sell, assign, sublet (except as is customary in the trade), or otherwise dispose of the Agreement or any part thereof or the benefit or advantage of the Agreement or any part thereof without the previous consent in writing of BCURA.

  7. CORRUPT GIFTS AND PAYMENTS OF COMMISSION

    (1) The Institution shall not:-

    1. offer or give or agree to give to any person in the service of BCURA any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this Agreement or any other agreement with BCURA or for showing or forbearing to show favour or disfavour to any person in relation to this Agreement or any other agreement with BCURA; or

    2. enter into this Agreement or any other agreement with BCURA in connection with which commission has been paid or agreed to be paid by him or on his behalf, or to his knowledge, unless before the Agreement is made particulars of any such commission and of the terms and conditions of any agreement for the payment thereof have been disclosed in writing to the representative of BCURA.

    (2) Any breach of this Condition by the Institution or by anyone employed by his or acting on his behalf (whether with or without the knowledge of the Institution) or the commission or any offence by the Institution or by anyone employed by him or acting on his behalf under the Prevention of Corruption Acts, 1889 to 1916, in relation to this Agreement or any other agreement with BCURA, shall entitle BCURA to determine the Agreement and recover from the Institution the amount of any loss resulting from such determination and/or to recover from the Institution the amount or value of any such gift, consideration or commission.

    (3) Where the Agreement has been determined under Clause (2) of this Condition the powers given by Clause (2) of the Termination clause of the Agreement shall apply as if there has been a failure to complete the Work.

    (4) In any dispute, difference or question arising in respect of:-

    1. the interpretation of this condition (except so far as the same may relate to the amount recoverable from the Institution under Clause (2) of this Condition in respect of any loss resulting from such determination of the Agreement); or

    2. the right of BCURA to determine the Agreement; or

    3. the amount, of value of any such gift, consideration or commission;

    the decision of BCURA shall be final and conclusive.

  8. LAW

    The Agreement shall be considered as an agreement made in England and subject to English Law unless otherwise stated in the Agreement.

  9. ARBITRATION, ETC

    All disputes, differences or questions between the parties to the Agreement with respect to any matter or thing arising out of or relating to the Agreement other than a matter or thing as to which the decision or report of BCURA or of any other person is by the Agreement expressed to be final and conclusive shall after notice by either party to the Agreement to the other be referred to a single Arbitrator agreed for that purpose, or in default of such agreement to be appointed at the request of BCURA by the President of such one of the undermentioned as BCURA may decide, viz, the Law Society (or, when appropriate, the Law Society of Scotland), the British Computer Society, the Royal Institute of British Architects, the Royal Institution of Chartered Surveyors, the Royal Incorporation of Architects in Scotland, the Institutions of Civil Engineers, Mechanical Engineers, Heating and Ventilating Engineers, Electrical Engineers, Structural Engineers or Chemical Engineers. Unless the parties otherwise agree, such reference shall not take place until after the completion, alleged completion or abandonment of the Work or the determination of the Agreement. In the case of the Agreement being subject to English Law such reference shall be deemed to be a submission to arbitration under the Arbitration Act 1950, or any statutory modification or re-enactment thereof. In the case of the Agreement being subject to Scots Law, the Law of Scotland shall apply to the arbitration and the award of the Arbiter, including any award as to the amount of any compensation, damages and expenses to or against any of the parties to the arbitration, shall be final and binding on the parties, provided that at any stage of the arbitration the Arbiter may, and if so requested by either of the parties shall prepare a statement of facts in a special case for the opinion and judgement of the Court of Session on any question or questions of Law arising in the arbitration, and both parties to the arbitration shall be bound to concur in presenting to the Court a special case in the terms prepared by the Arbiter and in which true statement of facts prepared by him is agreed to by the parties, with such contentions as the parties or either of them may desire to add thereto for the arbitration shall be bound by the answer or answers returned by the Court of Session, or if the case is appealed to the House of Lords, by the House, to the questions of Law stated in the case.





APPENDIX C TO
AGREEMENT NO B (number of contract)

TIMESCALE

The contract duration shall be (duration in years and months).





APPENDIX D TO
AGREEMENT NO B (number of contract)

ESTIMATED COST BREAKDOWN

£

(a)

Labour - Salaries/Studentship (stipend and Fees)

(b)

Overheads at x% of Labour

(c)

Consumables

(d)

Maintenance

(e)

Equipment

(f)

Travel

_______

Total

_______






APPENDIX E TO
AGREEMENT NO B (number of contract)

THE REQUIRED PROCEDURES FOR THE OPERATION OF A BCURA RESEARCH GRANT

1) THE REQUIREMENTS OF THE BCURA INDUSTRIAL SUPERVISOR AND THE UNIVERSITY PROJECT MANAGER
(Dated 1st April 2002 )

Following the final approval of a proposal by the BCURA Council for funding, a copy of the BCURA Contract will be sent to the University Project Manager, the BCURA Industrial Supervisor and the BCURA Technical Officer by the BCURA Company Secretary.

Regular formal progress meetings will be held between the University Project Manager and the BCURA Industrial Supervisor, together with the steering group, if required. The main purpose of these meetings will be to review technical progress to confirm that it is satisfactory and ensure that the Conditions of Contract (including financial requirements) are being fulfilled. As a minimum, these formal progress meetings should be held at six-monthly intervals with the first meeting (the start up meeting) taking place as soon as possible after the contract has been approved. At this start up meeting, milestones and reporting schedules will be agreed and the BCURA Industrial Supervisor, (and steering group if required), will be introduced to the University Project Manager.

In addition to these formal progress meetings, it may be desirable to hold further meetings to ensure that satisfactory progress is being made. The frequency of these will be at the discretion of the BCURA Industrial Supervisor but experience has shown that progress meetings at three-monthly intervals can be useful in the early stages of a project of more than one year’s duration.

The BCURA Industrial Supervisor will ensure that satisfactory Six-monthly Progress Reports are produced according to the Conditions of Contract and that copies, (i.e. two of the three hard copies and an electronic copy in Microsoft Word or other agreed format), are supplied to the BCURA Technical Officer. Electronic copies of these Six-monthly Progress Reports will be issued to Members of the Industrial Panel. The required format for the preparation of BCURA Six-monthly Progress Reports is given in Section 2 below. These Six-monthly Progress Reports should form the basis of the formal progress meetings. Following the review of the Six-monthly Progress Report at these formal progress meetings, the Industrial Supervisor will complete the “BCURA Six-monthly Progress and Final Report Approval Form” and send it together with two hard copies and an electronic copy of the appropriate report to the Technical Officer. Minutes of all progress meetings should be prepared by the University staff involved and circulated, to include the BCURA Technical Officer.

No substantial change to a project is permitted without the prior written agreement of the BCURA Technical Officer. Therefore, any such request will need to be formally directed to the BCURA Technical Officer for approval by BCURA.

Upon completion of the Research programme, the draft Final Report will be reviewed by the BCURA Industrial Supervisor and comments/criticisms fed back to the University Project Manager. The BCURA Technical Officer will also be sent a copy of the draft final report for comment three weeks prior to the Final Report Review meeting. The Final Report should contain an Executive Summary designed to inform BCURA Council Members of the purpose, approach taken and key results/achievements/conclusions of the research. The requirements for the preparation of a BCURA Final Reports are described in Section 3 below.

The draft Final Report is discussed at the Final Report Review Meeting which is chaired by the BCURA Technical Officer and attended by the BCURA Industrial Supervisor. At this meeting which may also be attended by the steering group, the BCURA Industrial Supervisor and BCURA Technical Officer must determine the extent to which the Conditions of Contract (Technical and Financial) of the research grant have been fulfilled. Subject to confirmation that these have been satisfactorily fulfilled, they will make a recommendation to the BCURA Council to approve the Final Report. Copies of the (approved) Final Report will be issued to Members of the Industrial Panel.

The BCURA Industrial Supervisor should provide a brief Project Report to the BCURA Technical Officer giving his views on the execution and value of the Research undertaken. The Executive Summary of the Final (approved) Report together with the BCURA Industrial Supervisor's Report will be submitted to the BCURA Council for their approval at the Council meeting following their issue.

The BCURA Council needs to know whether there has been any arising invention/know-how, which has potential for commercial exploitation. If there is any, Council will consider whether it wishes to proceed, for example, by applying for patent or other protection in the first instance. Therefore an appropriate statement needs to be included in the Final report, and this statement should be confirmed by the BCURA Project Officer in his Project report.

In summary, the lines of communication are:



2) THE REQUIRED FORMAT FOR BCURA SIX MONTHLY PROGRESS REPORTS

Six-monthly Progress Reports should have a front cover which includes the following information,

  • Names of University(s),

  • BCURA Agreement No

  • Title of Project

  • Number and Period of Report (with contracted start and end dates of the overall project)

  • Full Name, Address, telephone and fax numbers and E-mail addresses, etc. of the University Project Manager(s)

  • Full Name, Address, telephone and fax numbers and E-mail addresses, etc. of the BCURA Industrial Supervisor

The format of the report should be as follows, at a length consistent with the information to be reported.

SUMMARY

This section will be copied and used in the preparation of the Technical Officer’s Report to Council and will be seen by all Council Members. This summary should be a concise account of progress during the reporting period against the agreed programme and should be comprehensible as a stand-alone text.

INTRODUCTION

This should give an outline of background information to explain why the work is being done and should briefly state the aims and potential benefits of the project.

EXPERIMENTAL, RESULTS AND DISCUSSION

These sections will obviously comprise the bulk of the text where brevity and user-friendliness are of prime importance. These sections may be combined if desired, i.e. Experimental/Results or Results/Discussion. It should be ensured that the experimental details are understandable in general terms, and that all relevant results are included.

CONCLUSIONS

These should be stated clearly and concisely, using bullet points if possible.

PROPOSED WORK FOR NEXT SIX MONTHS PERIOD.

REFERENCES/TABLES/FIGURES/APPENDICES AS REQUIRED.

SUMMARY OF FINANCIAL CLAIM FOR THE REPORTING PERIOD.



3) THE RECOMMENDED FORMAT FOR BCURA FINAL REPORTS

This section has been prepared for the guidance of the BCURA Industrial Supervisors in their discussions with the University Project Manager on the preparation of BCURA Final Reports.

User-friendliness is very important. The length of the report should reflect the scale of the project, but should not in any case exceed 20 single-spaced pages (excluding Tables and Figures). Authors should strive to address a technical graduate readership, but should not assume specialist knowledge of their own subject. Careful attention to the structure of the report can alleviate many of the problems of approachability.

TITLE PAGE.

This should include the full names(s) and addresses, telephone and fax numbers and E-mail addresses, etc. of the University Project Manager, the BCURA Industrial Supervisor, other relevant participants, and other information such as Title of Project, BCURA Agreement number, name of the University, start and end dates of the overall project, etc.

EXECUTIVE SUMMARY.

This should be a stand-alone document of 1½ - 2 pages. It should be written in a positive manner. Obviously it should précis the report as a whole, but should pay particular attention to strategic issues and ensure that the conclusions are clearly identified. It should be remembered that this is the only part of the report, which all Council Members will see and which may also be used to prepare Project Summaries for publication on behalf of the DTI.

CONTENTS LIST.

INTRODUCTION.

This should give sufficient background information to explain why the work has been carried out and address any strategic and economic issues before moving on to technical matters. The aims of the work and potential benefits should be clearly stated. The latter part of the Introduction should provide a technical lead-in to the rest of the report.

EXPERIMENTAL.

RESULTS.

DISCUSSION.

These sections obviously comprise the bulk of the text, and the preliminary remarks on brevity and user-friendliness apply. They may be combined if desired, i.e. Experimental/Results or Results/Discussion. Please ensure that the experimental details are understandable in general terms, and that all relevant results are included. The Final Report should be a stand-alone document, so avoid references to periodic (e.g. Six-monthly Progress Reports) reports. A paragraph relating the project’s achievements to its objectives should be included in the Discussion. Of particular interest are any potential applications of the project to UK Industry (Technology transfer) and the potential for commercial exploitation through patent application by BCURA.

CONCLUSIONS.

These should be stated clearly and concisely, using bullet points if possible.

PROPOSED WORK FOR A SUBSEQUENT PROGRAMME.

Most genuine research raises more questions than it answers, so there will sometimes be scope for a follow-up programme. However, the University Project Manager must make sure that anything proposed in this section is a real step forward, and not merely something which has already been partly done (or not done!) in the present contract.

PUBLICATIONS ARISING FROM THE PROJECT.

Please try to make this list as complete as possible. It is recognised that lead times for journals are long, so do not hesitate to include papers 'in press' or even 'in preparation'. Copies may be appended to the report if you wish.

REFERENCES.

TABLES/FIGURES.

APPENDICES.

These may be used (sparingly) for experimental and other details, which are too lengthy, or technically complex, for the main text. A glossary of Terms is sometimes useful. Copies of publications arising from the work may also be included here.

There may be circumstances in which the format described is inappropriate. This may well arise when the contract is being used to fund a research studentship and the thesis may, with the agreement of the Industrial Supervisor and the Technical Officer, be acceptable as the Final Report. The BCURA Industrial Supervisor and University Project Managers will need to recognise that in such cases the content of the Executive Summary is of the greatest importance.

In addition, University Project Managers and BCURA Industrial Supervisors are reminded that a draft Final Report should be available within 1 month of the end date of the BCURA contract. Any questions regarding the guidelines for the preparation of Final Reports, should be referred to the BCURA Technical Officer.

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