The NECA Consortium Agreement provides for establishment and creation of Network for all Parties ‘that subscribe to the NECA POA’S. The Party agree to accept and comply with all the terms and provisions of the NECA.
The purpose of NECA is to pool resources and to make funds available for specific projects as defined in different Plan of Activities (PoA’S). In order to achieve the purpose of this NECA, the chairperson may also include Additional Agreements.
In terms of the provisions of NECA, “Additional Agreements” mean, Agreements beyond the scope and /or duration of this NECA whose legal validity shall be independent from the validity of this NECA and shall always be subject to the provisions of this NECA. This includes that such Additional Agreement may not extend the period of this NECA and shall always operate inside this NECA.
The PoA will have the following features:
- “Plan of Activities” (PoA) means the predetermined activities selected by a specific Party to this NECA, as well as Contributions and any other obligations as specified in the specific Network Budget for the specific PoA.
- The PoA will have different levels over specific periods that become valid, on receipt of payment by Parties’ to NECA.
- The purpose of NECA is to pool resources and to make funds available for specific projects as defined in different PoA’s and to establish durable structures to this end.
- “Network” means the Parties’ co-operation as described and agreed in this NECA.
- Each Network of PoA’s will be distinct and operate with separate legal validity from another Network.
- “Network Budget” means the allocation of resources and the Parties’ contribution to the Network activities. The Network Budget shall be a special part of the PoA and be presented every period of six months.
- The PoA will be supplemented with an Addendum for its Network Budget.
The subject of this NECA is to organize the management and to define rights and obligations of the Parties’, including but not limited to, their contribution, liability and indemnification.
It is a specific requirement that no Party will be recognized as a Party to this Agreement and will not share in any benefit before his/her share of the amount required by the PoA has been paid into the NECA bank account and has been cleared by the relevant bank.
In order to achieve and to carry out the PoA, the NECA will establish Task Forces. Each Task Force shall be chaired by a Task Force member (TFM). In order to be a TFM he/she shall make a contribution in terms of the PoA levels. TFM shall attend Task Force meetings at their own costs as required in accordance to the PoA. This will include workshops, training and conferences for Task Force members.
The Parties’ agree to follow proper registration procedures and policies published by NECA on behalf of their representatives which will be in addition to these Terms of Engagement, in the manner and style of the communication method that NECA shall deem fit and practical according to its discretion.
Parties’ agree that delays and circumstances of Force Majeur, will not be any reason for cancellation of this Terms of Engagement, since it will be circumstances beyond the reasonable control of NECA.
NECA accepts no liability or any loss or damage, tax or any similar or related event whether it results direct., indirect or consequential from any acts, omissions or representations made by NECA, made by or to the PoA levels, and as a result, hold NECA completely harmless against such mentioned liability or any loss or damage, tax or any similar or related event, mentioned.
The Parties’ will also be required to register, pay and attend workshops, training and conferences and be responsible for any other related costs and charges thereto.
The PoA will provide an online platform facility that will provide for the exchange of information. The Parties’ will be required to pay for these services.
All reasonable costs related to administration and delivery costs will be charged to the Parties’.
Custody of funds means, any money available for the execution of the PoA, shall be received and administered on behalf of the Parties to the PoA by the Chairperson and will make such funds available to the Chairperson of the Task Force dealing with the PoA when required in terms of the PoA Budget.
At specified intervals as specified in the PoA or advised by the Chairperson, and the Chairperson will transfer the net amounts (after the deduction of expenses) available to it and due to the Parties concerned. Notwithstanding, the existence of the Network Budget, each Party shall be solely responsible for its own costs.