APPENDIX 1. AFFIDAVIT AFFIDAVIT (Legal Entity) (Name of subscriber), Identity Card No. (identity card number of subscriber), in his/her capacity as the representative of (name or corporate name of the legal entity), Taxpayer ID # (RUT) (Taxpayer Identification number of legal entity), both for these effects domiciled at ………………………, hereby declares under oath as follows: CONCERNING PAYMENT OF CONTRIBUTIONS DERIVING FROM UNEMPLOYMENT INSURANCE That, according to the provisions of Law Nº 19,728 which establishes an Unemployment Insurance, the undersigned is aware of the prohibition for employers that have failed to pay contributions to this insurance, to receive resources from Public or Private Institutions financed with Public Funds. That he/she expressly declares that the entity he/she represents DOES NOT have workers for whom it is bound to pay contributions to unemployment insurance. In consequence of the abovementioned provisions, the undersigned, in the exercise of the power of attorney he/she is vested with is up to date in the payment of contributions deriving from unemployment insurance. REGARDING PAYMENT OF SOCIAL SECURITY CONTRIBUTIONS The undersigned, in the abovementioned capacity, declares under oath that the entity he/she represents is up to date in the payment of social security contributions. REGARDING FISCAL DEBT DEFAULT The undersigned, in the abovementioned capacity, declares under oath that the entity he/she represents is up to date regarding the tax referred to in numbers 3, 4 and 5 of article 20 of the Income Tax Law. Further, the affiant, in like capacity, hereby authorizes InnovaChile to verify the accuracy of this information. Issued at (place) on this (date). _______________________________ SIGNATURE OF THE REPRESENTATIVE(S) APPENDIX 2: CONTRIBUTION COMMITMENT LETTERS CONTRIBUTION COMMITMENT LETTER, INTERNATIONAL CENTER OF EXCELLENCE Representative of the International Center of Excellence Position Contributing Agency Address City Date INNOVA CHILE Santiago Dear Sir/Madam In my capacity as representative of (name or corporate name) Taxpayer ID# (RUT): (Taxpayer Identification number or equivalent of entity), I do hereby express the interest of my principal to participate, as an International Center of Excellence, in the project named “Name of the Project”, submitted to the Program “Attraction of International Marine Energy R&D Centers of Excellence.” of CORFO’s InnovaChile Committee. FIRST: Pecuniary and non-pecuniary contributions for Stage 1: By means of this instrument I state the commitment of the entity I represent to make the contribution outlined below: Monetary contributions (disbursement of funds on account of project implementation). (Indicate the contributions in money according to the year(s) of implementation of the project in which they will be made and the expense account to which such contributions are allocated). Stage 1 A. B. C. D. ACCOUNT Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) General and Upper-level Administrative Expenses (Identify and describe the main items) Total (Ch$) YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the year(s) of implementation of the project in which they will be made and the expenses account to which such contributions are allocated). 1 Stage 1 A. B. C. D. ACCOUNT Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) General Administrative and Management Expenses (Identify and describe the main items) YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) Total (Ch$) Committed contributions shall be made effective according to the schedule of previous delivery of contributions, which shall be indicated in the project. SECOND: Pecuniary and non-pecuniary contributions for Stage 2: By means of this instrument I state the commitment of the entity I represent to make the contribution outlined below: STAGE1 Total (Ch$) Stage 2 Total(Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the stage(s) of implementation of the project in which they will be made.) STAGE2 Total (Ch$) Stage 2 Total(Ch$) Representative(s) of the International Center of Excellence Position Contributing Entity 1 The breakdown of contributions shall be requested at the end of the Stage in the assessment process for continuity between stages. 2 The breakdown of contributions shall be requested at the end of each Stage in the assessment process for continuity between stages. 2 CONTRIBUTION COMMITMENT LETTER ICE-CHILE (Only if this entity is incorporated at the moment of application) Representative of the ICE-Chile Position Contributing Entity Address City Date INNOVA CHILE Santiago Dear Sir/Madam In my capacity as representative of (name or corporate name) Taxpayer ID# (RUT): (Taxpayer Identification number of entity), I do hereby express the interest of the entity I represent to participate, as an International Center of Excellence, in the project named “Name of the Project”, submitted to the Program “Attraction of International Marine Energy R&D Centers of Excellence of CORFO’s InnovaChile Committee. FIRST: Pecuniary and non-pecuniary contributions for Stage 1: By means of this instrument I state the commitment of the entity I represent to make the contribution outlined below: a) Monetary contributions (disbursement of funds on account of project implementation). (Indicate the contributions in money according to the year(s) of implementation of the project in which they will be made and the expense account to which such contributions are allocated). Stage 1 A. B. C. D. ACCOUNT Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) General and Upper-level Administrative Expenses (Identify and describe the main items) Total (Ch$) YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the stage(s) of implementation of the project in which they will be made.) 3 Stage 1 A. B. C. D. ACCOUNT Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) General and Upper-level Administrative Expenses (Identify and describe the main items) YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) Total (Ch$) Committed contributions shall be made effective in conformity with the previous contribution delivery schedule, which shall be identified in the project. SECOND: Pecuniary and non-pecuniary contributions for Stage 2: By means of this instrument I state the commitment of the entity I represent to make the contribution outlined below: STAGE3 Total (Ch$) Stage 2 Total(Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the stage(s) of implementation of the project in which they will be made.) STAGE4 Total (Ch$) Stage 2 Total(Ch$) Representative(s) of the International Center of Excellence Position Contributing Entity 3 The breakdown of contributions shall be requested at the end of the Stage in the assessment process for continuity between stages. 4 The breakdown of contributions shall be requested at the end of each Stage in the assessment process for continuity between stages. 4 CONTRIBUTION COMMITMENT LETTER OF IMPLEMENTATION PARTNER Representative of the Implementation Partner Position Contributing Entity Address City Date INNOVA CHILE Santiago Dear Sir/Madam In my capacity as representative of (name or corporate name) Taxpayer ID# (RUT): (Taxpayer Identification number of entity), I do hereby express the interest of the entity I represent to participate, as implementation partner, in the project named “Name of the Project”, submitted to the Program “Attraction of International Marine Energy R&D Centers” of CORFO’s InnovaChile Committee. FIRST: Pecuniary and non-pecuniary contributions for stage 1: By means of this instrument I state the commitment of the entity I represent to make the contribution outlined below: a) Monetary contributions (disbursement of resources on account of project implementation). (Indicate the contributions in money according to the year(s) of implementation of the project in which they will be made and the expenses account to which such contributions are allocated). Stage 1 A. B. C. D. ACCOUNT Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) Administrative Expenses YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) Total (Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the year(s) of implementation of the project in which they will be made and the expenses account to which such contributions are allocated). 5 Stage 1 A. B. C. D. ACCOUNT Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) Administrative Expenses YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) Total (Ch$) Committed contributions shall be made effective according to the schedule of previous delivery of contributions, which shall be indicated in the project. SECOND: Pecuniary and non-pecuniary contributions for Stage 2(if applicable): By this instrument I state the commitment of my principal to make the contribution outlined below: a) Monetary contributions (disbursement of funds on account of project implementation) (Indicate the contributions in money according to the stage(s) of implementation of the project in which they will be made.) STAGE1 Total (Ch$) Stage 2 Total(Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the stage(s) of implementation of the project in which they will be made.) STAGE2 Total (Ch$) Stage 2 Total(Ch$) Representative(s) Implementation Partner National Identification number of Representative Position Contributing Entity 1 The breakdown of contributions shall be requested at the end of each Stage in the assessment process for continuity between stages. 2 The breakdown of contributions shall be requested at the end of each Stage in the assessment process for continuity between stages. 6 CONTRIBUTION COMMITMENT LETTERS OF ASSOCIATE Representative of associate Position Contributing Entity Address City Date INNOVA CHILE Santiago Dear Sir/Madam In my capacity as representative of (name or corporate name) Taxpayer ID# (RUT): (Taxpayer Identification number of entity), I do hereby express the interest of the entity I represent to participate, as associate, in the project named “Name of the Project”, submitted to the Program “Attraction of International Marine Energy R&D Centers of Excellence.” of CORFO’s InnovaChile Committee. FIRST: Pecuniary and non-pecuniary contributions for stage 1: By this instrument I state the commitment of the entity I represent to make the contribution outlined below: a) Monetary contributions (disbursement of funds on account of project implementation). (Indicate the contributions in money according to the year(s) of implementation of the project in which they will be made and the expenses account to which such contributions are allocated). Stage 1 A. B. C. D. ACCOUNT Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) Administrative Expenses YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) Total (Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the year(s) of implementation of the project in which they will be made and the expenses account to which such contributions are allocated). 7 Stage 1 A. B. C. D. ACCOUNT YEAR 1 YEAR 2 YEAR 3 YEAR 4 Total (Ch$) Human Resources (Identify and describe the main items) Operating Expenses (Identify and describe the main items) Investment Expenses (Identify and describe the main items) Administrative Expenses 8 Total (Ch$) Committed contributions shall be made effective according to the schedule of previous delivery of contributions, which shall be indicated in the project. SECOND: Monetary and non-monetary contributions for stage 2 (if applicable): By this instrument I state the commitment of the entity I represent to make the contribution outlined below: a) Monetary contributions (disbursement of funds on account of project implementation) (Indicate the contributions in money according to the stage(s) of implementation of the project in which they will be made.) STAGE7 Total (Ch$) Stage 2 Total(Ch$) b) Non-monetary contributions (contribution in goods, infrastructure, allocation of human resources, among others, already existent in the contributor). (Indicate the estimated valuation of the contributions according to the stage(s) of implementation of the project in which they will be made.) STAGE8 Total (Ch$) Stage 2 Total(Ch$) Representative(s) Associate National Identification number of Representative Position Contributing Entity 7 The breakdown of contributions shall be requested at the end of each Stage in the assessment process for continuity between stages. 8 The breakdown of contributions shall be requested at the end of each Stage in the assessment process for continuity between stages. APPENDIX 3: STANDARD POWER OF ATTORNEY (To be executed by public deed in Chile or before a Chilean Consul in the country where the Center of Excellence is incorporated) In __________, on this ____ of _________ in the year two thousand and ____, before me, (identification of Consul, or notary public in Chile, as the case may be), Mr./ Ms. _______________(national identity card or passport) number _________________________, (nationality), (marital status), (profession or trade) personally appeared, on behalf of (Name of International Center of Excellence), both to these effects domiciled at _____________ district of __________, city of ____________, hereinafter indistinctly the “principal”, “International Center of Excellence” or “ICE”, the representative of whom appeared personally, of legal age, whose identity was verified upon production of the aforementioned identity document and stated: FIRST: Background. 1. The InnovaChile Committee provides the opportunity to apply for the competition named: “Attraction of International Marine Energy R&D Centers of Excellence 2. The entity named _______________ shall submit a project in the status of an International Center of Excellence in application for such competition in the line “Attraction of (Institutional/Business) Attraction of International Marine Energy R&D Centers of Excellence.” 3. The technical guidelines, under paragraph 5), letter b, named transitional recipient, establish the possibility that an entity assumes this function before InnovaChile, pending incorporation of the International Center of Excellence in Chile (ICE-Chile), for which purpose a power of attorney must accompany the application. 4. The ICE or Principal has hereby submitted for application the project named “________________”. 5. The ICE or Principal declares to accept and be aware of the definitions corresponding to his/her/its participant status in the said instrument. 6. In order to comply with the requirement set forth in number three above, the Principal agrees to grant this Special Power of Attorney to _________________. SECOND: Powers and faculties. (Corporate name of the International Center of Excellence) hereby grants power of attorney to (corporate name of the transitional recipient) with sufficient power to acquire such property and enter into such acts and contracts as may be necessary for the implementation of the project in Chile and to represent the International Center of Excellence before the InnovaChile Committee in all instances pending incorporation of the definitive recipient (International Center of Excellence in Chile, a.k.a. ICE-Chile). The International Center of Excellence hereby expressly empowers, without setting any restrictions whatsoever to, the transitional recipient or attorney-in-fact to enter into the grant agreement with InnovaChile and the Chilean Energy Department. 9 The International Center of Excellence hereby further empowers the Attorney-in-Fact or transitional recipient to receive and manage the grant awarded by the InnovaChile Committee. The transitional recipient or Attorney-in-Fact must faithfully accomplish the mandate, according to the objectives and goals of the project to be submitted for application by the International Center of Excellence and which it expressly declares to be acquainted with. Likewise, the transitional recipient further undertakes to deliver in a timely manner to the InnovaChile Committee detailed reports and account renderings on the project, for which purpose it will allocate skilled personnel. During the implementation of the Project, the Principal shall be entitled to receive periodic updates on the progress thereof. THIRD: Term. This power of attorney shall be effective, at least, until the resolution approving the grant agreement between the InnovaChile Committee, the Chilean Energy Department and the definitive recipient (International Center of Excellence in Chile aka ICE-Chile) is entirely processed. FOURTH: Representation of the International Center of Excellence in Chile. The transitional recipient shall assume the representation of the International Center of Excellence before InnovaChile, with special understanding of the rights and obligations set forth in the grant agreement entered into between it, InnovaChile and the Chilean Energy Department. FIFTH: Obligation to transfer property and contracts to the International Center of Excellence or Definitive Recipient. The transitional recipient or attorney-in-fact must transfer the property and contracts to the ICEChile once the Resolution approving the grant agreement between the InnovaChile Committee, the Chilean Energy Department and the definitive recipient shall have been entirely processed. SIXTH: Assumption of the actions taken by the attorney-in-fact or transitional recipient. The International Center of Excellence Chile undertakes to assume the actions taken by the transitional recipient or attorney-in-fact during the effective term of its mandate. SEVENTH: Severability. The principal hereby stands as surety and joint debtor in respect of each and every commitment and obligation acquired by the attorney-in-fact under this Power of Attorney in the grant agreement to be entered into with InnovaChile and the Chilean Energy Department and any other obligation undertaken by the attorney-in-fact in the fulfillment of its mandate in connection with the Project. EIGHTH: Extension of Jurisdiction. For the purposes of this Power of Attorney, the Principal sets its domicile in the city and district of Santiago, Chile, and submits to the jurisdiction of its Ordinary Courts of Justice. NINTH: Prohibition to delegate, assign or transfer. 10 The Attorney-in-fact shall not assign, transfer or delegate this Power of Attorney or the rights and obligations deriving therefrom. TENTH: Legal capacities. The legal capacity of the representative of _________________ is evidenced in ________________. (Representative) (Principal - International Center of Excellence) 11 APPENDIX 4: STANDARD IMPLEMENTATION PARTNERSHIP AGREEMENT IMPLEMENTATION PARTNERSHIP PROJECT AGREEMENT [NAME OF PROJECT] RECIPIENT (DEFINITIVE OR TRANSITIONAL AS APPLICABLE) & NAME OF IMPLEMENTATION PARTNER In (city), on this (day) of (month) in the year (year), by and between (corporate name of the definitive or transitional recipient), National Identification Number (RUT), represented by (full name of the representative(s) of the definitive or transitional recipient, if applicable), national identity number (RUN) or passport Nº, both domiciled at (address of definitive or transitional recipient) hereinafter indistinctly, the recipient, on the one hand; and, on the other, (corporate name of implementation partner), represented by (full name of representative(s) of the implementation partner), national identity card (RUN) Nº, domiciled at (address of implementation partner), hereinafter IMPLEMENTATION PARTNER, the following agreement has been entered into: FIRST: Background of this Agreement A. The International Center of Excellence named (name of the center) has filed the Project named “(name of the project)” for the funding line “Attraction of (Institutional/Corporate) International R&D Centers of Excellence for Competitiveness” of the Program “Attraction of International Marine Energy R&D Centers of Excellence”, in the charge of CORFO’s InnovaChile. B. Planning of the activities contained in the abovementioned Project contemplates that the implementation of part thereof shall be at the expense of the IMPLEMENTATION PARTNER. C. The parties declare acceptance and knowledge of the Guidelines of the Program “Attraction of International Marine Energy R&D Centers of Excellence ", which are attached to this agreement. The parties also declare acceptance and knowledge of the definitions corresponding to their respective status of participation in said Project. SECOND: Purpose and Acceptance of the Agreement By means of this instrument, the IMPLEMENTATION PARTNER states its interest in carrying out the above project and commits its collaboration to its execution on the terms defined in such project, which is attached to this agreement the IMPLEMENTATION PARTNER, with it being the responsibility of the RECIPIENT (transitional or definitive, as the case may be) to submit in a timely manner detailed reports and account renderings in each stage. The RECIPIENT, in turn, accepts such collaboration, which is agreed upon under the terms stipulated in the following clauses: THIRD: Activities of the Implementation partner The IMPLEMENTATION PARTNER undertakes to develop the activities incumbent on it in the project, for which purpose it shall allocate the necessary skilled staff and conduct all the activities and studies that 12 such project requires. Without prejudice to the stipulations in the project, the IMPLEMENTATION PARTNER undertakes to carry out the following activities per stage: Result Result 1: (Both results and activities should match the technical configuration of the project) Result n: Activities Activity 1: Activity 2: Activity n: Activity 1: Activity 2: Activity n: FOURTH: Project Management The Management of the project shall fall upon (name of the professional reporting to the recipient (transitional or definitive, as the case may be, in charge of project management), reporting to the RECIPIENT (definitive or transitional as applicable), who shall supervise the implementation of the project. The IMPLEMENTATION PARTNER appoints (name of the professional reporting to the implementation partner, responsible to the recipient for the activities under his or her responsibility) as its representative to the project management. FIFTH: InnovaChile’s Control and Monitoring Power InnovaChile shall keep a definitive follow-up and control of the implementation of the project through analysis and evaluation of the progress and final reports, site visits and other activities conducive to the project goals. As regards the activities conducted by the IMPLEMENTATION PARTNER, the IMPLEMENTATION PARTNER expressly undertakes to provide the staff and other specialists appointed by InnovaChile and the Chilean Energy Department with the necessary facilities to take direct cognizance of the Project work conducted by them. For that purpose InnovaChile and the Chilean Energy Department may carry out checks, site inspections and request all the technical and financial information and documentation they deem necessary to verify whether the project is being developed according to the stipulations in the respective grant agreement; whether the activities and results described in the progress report conform to reality and to verify whether the contributions of the IMPLEMENTATION PARTNER meet the promised character, quality and quantity standards. SIXTH: Project Implementation Term and Duration of the Present Agreement This implementation partnership agreement shall become effective from the date of commencement of the project, which is the date of full processing of the last administrative act of InnovaChile approving the grant agreement for implementation of the project, and shall remain in force, at least throughout the implementation period. SEVENTH: Proposed Cost of the Project and contributions by the parties The total cost of the Project being submitted to InnovaChile is Ch$(figure in numbers) (figure in words). The amount requested from InnovaChile is Ch$(figure in numbers) (figure in words). The ICE shall contribute the amount of Ch$(figure in numbers) (figure in words), consisting of pecuniary and non-pecuniary contributions. 13 The IMPLEMENTATION PARTNER shall contribute the amount of $(figure in numbers) (figure in words), consisting of pecuniary and non-pecuniary contributions. EIGHTH: Transfers to the implementation partner For the implementation of the activities that are its responsibility in the project, the RECIPIENT (transitional or definitive, as the case may be) shall transfer to the IMPLEMENTATION PARTNER an amount of up to $(figure in numbers) (figure in words) from the grant given by InnovaChile. Such transfer shall be materialized against (there are two non-exclusive choices available “acceptance of the relevant guarantee to the satisfaction of the RECIPIENT (transitional or definitive, as the case may be)” or “against the approval by the RECIPIENT (transitional or definitive, as the case may be) of the report on Activities of the IMPLEMENTATION PARTNER with the appropriate account rendering”), according to the Chart of Transfers to the IMPLEMENTATION PARTNER per Year of Activity and Item. (Notwithstanding the choices set forth in this clause, the contracting entities may establish a different mechanism to ensure such transfers). STAGE 1 ITEM Human Resources 1. Activity 1 A. B. C. 2. Activity 2 3. Activity n Operating Expenses Activity 1 Activity 2 Activity n Investment Expenses 4. Activity1 5. Activity 2 6. Activity n Administrative Expenses D. 7. Activity 1 8. Activity 2 9. Activity n Total (Ch$) YEAR 1 YEAR 2 YEAR n Total (Ch$) 14 Results Human Resources Operating Expenses Investment Expenses Administrative Expenses Total (Ch$) 15 Result 1 Result n Total Item (Ch$) STAGE 2 The breakdown of transfers per activity shall be requested at the end of the Stage in the continuity assessment process between stages. A. B. C. D. ITEM Human Resources Operating Expenses Investment Expenses Administrative Expenses Total (Ch$) Results Human Resources YEAR 1 Operating Expenses YEAR 2 Investment Expenses YEAR n Administrative Expenses Total (Ch$) Total (Ch$) Result 1 Result n Total Item (Ch$) The budget accounts mentioned above shall be construed in accordance with the definitions of the program guidelines identified under letter C of the first clause hereunder, and in relation to them, the IMPLEMENTATION PARTNER shall be subject to the same terms as the RECIPIENT (transitional or definitive, as the case may be.) The transfer of resources from the RECIPIENT (transitional or definitive, as the case may be) to the IMPLEMENTATION PARTNER will be conditional to the project obtaining the grant from InnovaChile. Further, this amount shall be subject to that granted by InnovaChile and to the amendments requested by it that involve a change in the budget. The IMPLEMENTATION PARTNER hereby expressly accepts the amendments that InnovaChile makes to the aforementioned items. Should InnovaChile decide unilaterally to terminate said project early, whatever the grounds invoked for that termination, the obligation of the RECIPIENT (transitional or definitive, as the case may be) to repay any outstanding balance shall be extinguished, except for the value of work actually performed by the IMPLEMENTATION PARTNER up to the date of termination of the project, according to available funds and what InnovaChile might indicate, if anything. NINTH: Contributions of the Implementation Partner. For its part, the IMPLEMENTATION PARTNER shall contribute to the implementation of the project the amount of Ch$(figure in numbers) (figure in words) in the items and periods set forth in the chart below, whether in monetary or non-monetary contributions, or a combination of both where applicable: ITEM Human Resources Operating Expenses Investment Expenses Administrative Expenses Total(Ch$) YEAR 1 YEAR 2 Total monetary contribution (Ch$) A. B. C. D. ITEM Human Resources Operating Expenses Investment Expenses Administrative Expenses Total(Ch$) YEAR 1 YEAR 2 Total non-monetary contribution (Ch$) A. B. C. D. The IMPLEMENTATION PARTNER declares that the abovementioned contributions are different as to source and purpose and bear no relationship with InnovaChile funding for the implementation of the Project. TENTH: Use of Results and Intellectual & Industrial Property Notwithstanding the foregoing, the ownership of the information generated by the project and the results thereof shall belong to the participants in the project on the following terms: 1°…………………… 2°…………………… 3°………………….. As regards intellectual and industrial property rights over the results of developed activities, these shall belong to the participants in the Project on the following terms: 1°…………………… 2°………………….. 3°………………….. The foregoing shall not preclude the right of the RECIPIENT (transitional or definitive as the case may be) to publish reports, provided that, in its opinion, such publication does not affect the purposes stated in this clause. 16 In return for its rendered cooperation, the IMPLEMENTATION PARTNER shall be entitled to receive regular information on progress, on the dates scheduled in the work plan, and on access to information contained in the respective reports and project results. ELEVENTH: Early Termination of the Implementation partnership Agreement In the event that the IMPLEMENTATION PARTNER fails to wholly or partially comply with any of its obligations hereunder, for any reason attributable to it, this agreement shall terminate by operation of law. TWELFTH: Condition Precedent of the Implementation partnership Agreement The entry into force of this agreement is subject to InnovaChile awarding the project, approving the IMPLEMENTATION PARTNER’s participation in it, in that capacity, and the activities for which implementation is the responsibility of the IMPLEMENTATION PARTNER, and the full processing of the last administrative act approving the respective grant agreement between the RECIPIENT (transitional or definitive, as applicable) and InnovaChile. THIRTEENTH: Incorporation of a legal entity (if applicable). According to paragraph 4 of the technical guidelines, the parties hereto shall incorporate a legal entity who shall acquire the status of International Center of Excellence in Chile (ICE-CHILE) or definitive recipient. They agree that such legal entity shall be incorporated within the period set forth under subparagraph 10.9 of the administrative guidelines. THIRTEENTH (FOURTEENTH): Domicile The parties set their domicile in the city and district of Santiago and agree to subject themselves to its ordinary courts of justice in case of divergence as to fulfillment of this agreement. The legal capacity of …….. to represent the RECIPIENT (definitive or transitional, as applicable) is evidenced from …., a document that is not inserted herein as it is known to the parties. The legal capacity of …….. to represent the IMPLEMENTATION PARTNER, is evidenced from …., document that is not inserted herein as it is known to the parties. This agreement is signed in four original copies of equal tenor, date and validity, with the recipient keeping one copy, the Implementation partner keeping the second copy, InnovaChile keeping the third copy and the Chilean Energy Department keeping the fourth copy. (Representative(s)) RECIPIENT (definitive applicable) or transitional, (Representative(s)) as (IMPLEMENTATION PARTNER) (This instrument is a form to be amended to serve the requirements of each particular case). (All the text in brackets is to be deleted and, where appropriate, to be replaced by the information requested in each case.) 17 APPENDIX 5. PROJECT ACTIVITIES AND RESULTS I. - EXECUTIVE SUMMARY 18 PROJECT BACKGROUND INFORMATION Code : Name : Recipient : (PUBLIC) PROJECT SUMMARY II. - PUBLIC PROJECT ACTIVITIES Activity Description III. - NON-PUBLIC PROJECT ACTIVITIES Activity Description IV. - PUBLIC PROJECT RESULTS Product and/or Result Description V. - NON-PUBLIC PROJECT RESULTS Product and/or Result Description The Representative declares that the information provided is true, and that in relation to that information designated as public: 1. Its publication, dissemination or knowledge, does not affect his/her/its individual rights, particularly as regards his/her/its safety, health, the sphere of his/her/its private life or business or economic rights, pursuant to Law 20,285 on Access to Public Information. 2. Its publication, dissemination or knowledge, does not affect the existence, extent or exercise of his/her/its current and/or future industrial property rights pursuant to Statutory Decree No. 3 of March 9, 2006, which set the restated, coordinated and systematized text of Law. No. 19,039 on Industrial Property. Its publication, dissemination or knowledge, does not affect the existence, extent or exercise of his/her/its current and/or future intellectual property rights pursuant to Law. No. 17,336 on Intellectual Property. Expressly consents on its handling according to Law. No. 19,628 on Private Life of Individuals. 3. 4. ___________________________________ NAME AND SIGNATURE RECIPIENT’S REPRESENTATIVE(S) 19
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