GRAPHENE CONSORTIUM AGREEMENT€¦ · graphene consortium agreement final version 2013-09-17 6 (139) 28) the chancellor, masters and scholars of the university of cambridge (”ucam”)

GRAPHENE

CONSORTIUM AGREEMENT

Project acronym: GRAPHENE

Project title: “Graphene-Driven Revolutions in ICT and Beyond”

Project number: 604391

Date of preparation: 2013-09-17

GRAPHENE Consortium Agreement final version 2013-09-17

2 (139)

Table of Content

Section 1: Definitions .............................................................................................................................. 8

Definitions........................................................................................................................................... 8

Section 2: Purpose .................................................................................................................................10

Section 3: Entry into force, duration and termination ...............................................................................10

3.1 Entry into force .............................................................................................................................10

3.2 Duration and termination ..............................................................................................................10

3.3 Survival of rights and obligations ..................................................................................................11

Section 4: Responsibilities of Parties ......................................................................................................11

4.1 General principles ........................................................................................................................11

4.2 Breach .........................................................................................................................................11

4.3 Involvement of third parties ..........................................................................................................11

Section 5: Liability towards each other ...................................................................................................12

5.1 No warranties ...............................................................................................................................12

5.2 Limitations of contractual liability ..................................................................................................12

5.3 Damage caused to third parties ....................................................................................................12

5.4 Force Majeure ..............................................................................................................................12

Section 6: Governance structure ............................................................................................................12

6.1 General structure .........................................................................................................................12

6.2 GA members................................................................................................................................13

6.2.1 Operational procedures for the General Assembly ..................................................................13

6.2.2 Decisions of the General Assembly (GA) ................................................................................15

6.3 Executive Board (EB) ...................................................................................................................16

6.3.1 EB Members ..........................................................................................................................16

6.3.2 Tasks of the EB ......................................................................................................................16

6.3.3 Preparation and organisation of EB meetings .........................................................................17

6.3.4 Voting rules and quorum in the EB .........................................................................................17

6.3.5 Minutes of EB meetings ..........................................................................................................17

6.4 Coordinator ..................................................................................................................................18

6.5 Director ........................................................................................................................................18

6.6 Work package leaders .................................................................................................................19

6.7 Strategic Advisory Council ...........................................................................................................19

6.8 Associated members ....................................................................................................................19

Section 7: Financial provisions ...............................................................................................................20

7.1 General Principles ........................................................................................................................20

7.1.1 Distribution of Financial Contribution .......................................................................................20

7.1.2 Late delivery ...........................................................................................................................20

7.1.3 Justifying Costs ......................................................................................................................20

7.1.4 Funding Principles ..................................................................................................................20


3 (139)

7.1.5 Financial Consequences of the termination of the participation of a Party ...............................20

7.2 Budgeting ....................................................................................................................................21

7.2.2 Budgeting of coordination costs ..............................................................................................21

7.3 Payments.....................................................................................................................................21

Section 8: Foreground ............................................................................................................................22

8.1 Joint ownership ............................................................................................................................22

8.2 Transfer of Foreground ................................................................................................................23

8.3 Dissemination ..............................................................................................................................24

8.3.1 Publication .............................................................................................................................24

8.3.2 Publication of another Party’s Foreground or Background .......................................................25

8.3.3 Cooperation obligations ..........................................................................................................25

8.3.4 Use of names, logos or trademarks ........................................................................................25

8.3.5 Data management plan ..........................................................................................................25

Section 9: Access Rights........................................................................................................................25

9.1 Background covered ....................................................................................................................25

9.2 General Principles ........................................................................................................................26

9.3 Access Rights for implementation ................................................................................................26

9.4 Access Rights for Use ..................................................................................................................26

9.5 Access Rights for Affiliated Entities ..............................................................................................27

9.6 Additional Access Rights ..............................................................................................................27

9.7 Access Rights for Parties entering or leaving the Consortium .......................................................27

9.7.1 New Parties entering the Consortium ......................................................................................27

9.7.2 Parties leaving the Consortium ...............................................................................................27

9.7.2.1.1 Defaulting Party ...................................................................................................................27

9.7.2.1.2 Non-defaulting Party ............................................................................................................28

10 Specific Provisions for Access Rights to Software .............................................................................28

Section 11: Non-disclosure of information ..............................................................................................28

Section 12: Miscellaneous ......................................................................................................................29

12.1 Attachments, inconsistencies and severability ............................................................................29

12.2 No representation, partnership or agency ...................................................................................30

12.3 Notices and other communication...............................................................................................30

12.4 Assignment and amendments ....................................................................................................30

12.5 Mandatory national law ..............................................................................................................30

12.6 Language ...................................................................................................................................30

12.7 Applicable law ............................................................................................................................30

12.8 Settlement of disputes ................................................................................................................31

Section 13: Signatures ...........................................................................................................................31

[Attachment 1: Background included] ...................................................................................................106

[Attachment 2: Background excluded] ..................................................................................................112

[Attachment 3: Accession document] ....................................................................................................123


4 (139)

[Attachment 4: List of Affiliated Entities and Third Parties to which transfer of Foreground is possible

without prior notice] ..............................................................................................................................124

[Attachment 5: List of Third parties linked to a beneficiary:] ...................................................................125

[Attachment 6: Initial list of GA members and other contact persons] ....................................................126


5 (139)

CONSORTIUM AGREEMENT

THIS CONSORTIUM AGREEMENT is based upon

REGULATION (EC) No 1906/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) hereinafter referred to as Rules for Participation and the European Commission Grant Agreement, adopted on 10 April 2007 and last updated on 28 January 2011, hereinafter referred to as the Grant Agreement or EC-GA and Annex II adopted on 10 April 2007 and last updated on 28 January 2011, hereinafter referred to as Annex II of the EC-GA, and is made on 1 October 2013, hereinafter referred to as “Effective Date” BETWEEN: 1) CHALMERS TEKNISKA HOEGSKOLA AB (”CUT”), the “Coordinator”,

2) CONSIGLIO NAZIONALE DELLE RICERCHE (”CNR”)

3) RIJKSUNIVERSITEIT GRONINGEN (”RUG”)

4) AGENCIA ESTATAL CONSEJO SUPERIOR DE INVESTIGACIONES CIENTIFICAS (”CSIC”)

5) UNIVERSITAET BASEL (”UBAS”)

6) THE UNIVERSITY OF MANCHESTER (”UNIMAN”)

7) FUNDACIO PRIVADA INSTITUT CATALA DE NANOTECNOLOGIA (”ICN”)

8) UNIVERSITE CATHOLIQUE DE LOUVAIN (”UCdL”)

9) UNIVERSITAET REGENSBURG (”UREG”)

10) RHEINISCH-WESTFAELISCHE TECHNISCHE HOCHSCHULE AACHEN (”RWTH”)

11) COMMISSARIAT A LÉNERGIE ATOMIQUE ET AUX ENERGIES ALTERNATIVES (”CEA”)

12) AIXTRON LIMITED (”AIX.L”)

13) GESELLSCHAFT FUR ANGEWANDTE MIKRO- UND OPTOELEKTRONIK MIT

BESCHRAENKTERHAFTUNG AMO GmbH (”AMO”)

14) ALCATEL-LUCENT DEUTSCHLAND AG (”ALUD”)

15) AALTO-KORKEAKOULUSAATIO (”AALTO”)

16) POLITECNICO DI MILANO (”PMI”)

17) UNIVERSITE DES SCIENCES ET TECHNOLOGIES DE LILLE - LILLE I (”UniLille”)

18) CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (”CNRS”)

19) THALES SA (”TRT”)

20) UNIVERSITAT AUTÒNOMA DE BARCELONA (”UAB”)

21) DANMARKS TEKNISKE UNIVERSITET (”DTU”)

22) NOKIA OYJ (”NOKIA.OYJ”)

23) STMICROELECTRONICS SRL (”ST”)

24) TEKNOLOGIAN TUTKIMUSKESKUS VTT (”VTT”)

25) VARTA MICRO INNOVATION GMBH (”VMI”)

26) Graphenea S.A. (”GRAPHENEA”)

27) UNIVERSITE DE STRASBOURG (”UdS”)


6 (139)

28) THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF CAMBRIDGE

(”UCAM”)

29) MAX PLANCK GESELLSCHAFT ZUR FOERDERUNG DER WISSENSCHAFTEN E.V. (”MPG”)

30) FOUNDATION FOR RESEARCH AND TECHNOLOGY HELLAS (”FORTH”)

31) AVANZARE INNOVACION TECNOLOGICA SL (”AVA”)

32) TECHNISCHE UNIVERSITAET HAMBURG-HARBURG (”TUHH”)

33) POLITECNICO DI TORINO (”POLITO”)

34) ALBERT-LUDWIGS-UNIVERSITAET FREIBURG (”FMF”)

35) AIRBUS OPERATIONS SL (”AIR”)

36) TECHNOLOGICAL EDUCATIONAL INSTITUTE OF CRETE (”TEIC”)

37) THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF OXFORD (”UOXF”)

38) FONDAZIONE ISTITUTO ITALIANO DI TECNOLOGIA (”IIT”)

39) CENTRO DE INVESTIGACION COOPERATIVADE ENERGIAS ALTERNATIVAS FUNDACION

(”CIC”)

40) REPSOL YPF SA (”REPSOL”)

41) SABANCI UNIVERSITY (”SU”)

42) UMEA UNIVERSITET (”UMEA”)

43) FONDAZIONE BRUNO KESSLER (”FBK”)

44) TECHNISCHE UNIVERSITAET DRESDEN (”TUD”)

45) STICHTING KATHOLIEKE UNIVERSITEIT (”SKU/RU”)

46) THE PROVOST, FELLOWS, FOUNDATION SCHOLARS & THE OTHER MEMBERS OF BOARD

OF THE COLLEGE OF THE HOLY & UNDIVIDED TRINITY OF QUEEN ELIZABETH NEAR

DUBLIN (”TCD”)

47) LINKOPINGS UNIVERSITET (”LiU”)

48) UNIVERSITAET ZUERICH (”UZH”)

49) TECHNISCHE UNIVERSITAET CHEMNITZ (”TUC”)

50) FRIEDRICH-ALEXANDER-UNIVERSITAT ERLANGEN NURNBERG (”FAU”)

51) INSTYTUT TECHNOLOGII MATERIALOW ELEKTRONICZNYCH (”ITME”)

52) UNIVERSITA DEGLI STUDI DI TRIESTE (”UniTS”)

53) UNIVERSITAET BREMEN (”UniHB”)

54) UNIVERSIDAD DE CASTILLA - LA MANCHA (”UCLM”)

55) KAROLINSKA INSTITUTET (”KI”)

56) EIDGENOESSISCHE MATERIALPRUEFUNGS- UND FORSCHUNGSANSTALT (”EMPA”)

57) UNIVERSITY COLLEGE DUBLIN, NATIONAL UNIVERSITY OF IRELAND, DUBLIN (”UCD”)

58) UNIVERSITE DE GENEVE (”UNIGE”)

59) TECHNISCHE UNIVERSITEIT DELFT (”TUDelft”)

60) EIDGENOESSISCHE TECHNISCHE HOCHSCHULE ZURICH (”ETH Zurich”)

61) NPL MANAGEMENT LIMITED (”NPL”)


7 (139)

62) OXFORD INSTRUMENTS NANOTECHNOLOGY TOOLS LIMITED (”OXINT”)

63) LANCASTER UNIVERSITY (”ULANC”)

64) UNIVERSITAET HAMBURG (”UHAM”)

65) Nokia UK Limited (”NOKIA.UKL”)

66) FONDATION EUROPEENNE DE LA SCIENCE (”ESF”)

67) STIFTELSEN CHALMERS INDUSTRITEKNIK (”CIT”)

68) GRUPO ANTOLIN-INGENIERIA SA (”ANTOLIN”)

69) FUNDACIO INSTITUT DE CIENCIES FOTONIQUES (”ICFO”)

70) TECHNISCHE UNIVERSITAET WIEN (”TU-Wien”)

71) ASOCIACION – CENTRO DE INVESTIGACION COOPERATIVA EN NANOCIENCIAS - CIC

NANOGUNE (”NanoGune”)

72) PHILIPS TECHNOLOGIE GMBH (”PDPC”)

73) UNIVERSIDADE DO MINHO (”UMINHO”)

74) PANEPISTIMIO IOANNINON (”UOI”)

75) PHILIPS ELECTRONICS NEDERLAND B.V. (“PRE”)

hereinafter, jointly or individually, referred to as ”Parties” or ”Party”

relating to the Project entitled

“Graphene-Driven Revolutions in ICT and Beyond”, project number 604391, with starting

date 1 October 2013 and duration of 30 months

in short

GRAPHENE hereinafter referred to as “Project” WHEREAS: The Parties, having considerable experience in the field concerned, have submitted a proposal for the Project to the European Commission as part of the Seventh Framework Programme of the European Union for Research, Technological Development and Demonstration Activities under the funding scheme of a combination of “Collaborative Project” and “Coordination and support action”, a CP-CSA. The Parties wish to specify or supplement binding commitments among themselves in addition to the provisions of the EC-GA. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:


8 (139)

Section 1: Definitions

Definitions

Words beginning with a capital letter shall have the meaning defined either herein or in the Rules for Participation or in the EC-GA including its Annexes without the need to replicate all said terms herein. For clarification purposes some of the mentioned terms are however repeated in this Consortium Agreement.

"Access Rights" Access Rights means licenses and user rights to Foreground or Background. “Affiliated Entity” Affilated Entity means an Affilated Entity of a Party as defined in the EC-GA, together with: (a) any legal entity directly or indirectly Controlling, Controlled by or under common Control with that Party, for so long as such Control lasts; and For the above purposes, “Control” of any entity shall exist through the direct or indirect: -ownership of more than 50% of the nominal value of the issued share capital of the entity or of more than 50% of the issued share capital entitling the holders to vote for the election of directors or persons performing similar functions, or -right by any other means to elect or appoint directors of the entity (or persons performing similar functions) who have a majority vote. For the purposes of this Consortium Agreement, Party 22. NOKIA OYJ (“NOKIA.OYJ”) and Party 65. Nokia UK Limited (“NOKIA.UKL”) declare the following: The Nokia Siemens Networks group of companies currently consisting of Nokia Siemens Networks B.V. subsidiaries, shall not be considered an Affiliate of Nokia Corporation. For the purposes of the foregoing “Subsidiary” shall mean an entity that is directly or indirectly controlled by Nokia Siemens Networks B.V. "Background" Background means information which is held by Parties prior to their accession to this agreement, as well as copyrights or other intellectual property rights pertaining to such information, the application for which has been filed before their accession to this agreement, and which is needed for carrying out the Project or for using Foreground. “Consortium Budget” Consortium Budget means the allocation of the EU financial contribution for the activities as defined in Annex I of the Grant Agreement and in the Consortium Plan thereafter. “Consortium Plan” Consortium Plan means the description of the work and the related agreed Consortium Budget, including the payment schedule, as updated and approved by the General Assembly.

“Defaulting Party” Defaulting Party means a Party which the General Assembly has identified to be in breach of this Consortium Agreement and/or the Grant Agreement as specified in Section 4.2 of this Consortium Agreement. For the avoidance of doubt, in case of Force Majeure, a Party shall not be considered to be in breach of this Consortium Agreement as specified in Section 5.4.


9 (139)

"Dissemination" Dissemination means the disclosure of Foreground by any appropriate means other than that resulting from the formalities for protecting it, and including the publication of Foreground in any medium. “Effective Date” Effective Date means the starting date of the Project, 1 October 2013. “Flagship” Flagship means the Graphene Flagship project as further described in Annex I of the EC-GA. "Fair and Reasonable conditions" Fair and Reasonable conditions means appropriate conditions including possible financial terms taking into account the specific circumstances of the request for access, for example the actual or potential value of the Foreground or Background to which access is requested and/or the scope, duration or other characteristics of the Use envisaged. “Force Majeure” Force Majeure means any unforeseeable and exceptional event affecting the fulfillment of any obligation under this Consortium Agreement by the Parties, which is beyond their control and cannot be overcome despite their reasonable endeavours. "Foreground" Foreground means the results, including information, whether or not they can be protected, which are generated under the Project. Such results include rights related to copyright; design rights; patent rights; plant variety rights; or similar forms of protection. “Intellectual Property Rights” or “IPR” Intellectual Property Rights or IPR means patents, patent applications and other statutory rights in inventions, copyrights (including without limitation copyrights in Software), registered design rights, applications for registered design rights, unregistered design rights and other statutory rights in designs and other similar or equivalent forms of statutory protection, wherever in the world arising or available; but excluding rights in Confidential Information or trade secrets. “Legitimate Interest” Legitimate Interest means a Party’s interests, including commercial, industrial or academic strategic interests which may be claimed in the cases provided for in this Consortium Agreement where a failure to take account of this interest would result in such Party’s suffering disproportionately great harm. “Needed” means: For the implementation of the Project: Access Rights are Needed if, without the grant of such Access Rights, carrying out the tasks assigned to the recipient Party would be impossible, significantly delayed, or require significant additional financial or human resources. For Use of own Foreground: Access Rights are Needed if, without the grant of such Access Rights, the Use of own Foreground would be technically or legally impossible.


10 (139)

“Software” Software means sequences of instructions to carry out a process in, or convertible into, a form executable by a computer and fixed in any tangible medium of expression. “Third party linked to a beneficiary” Third party linked to a beneficiary means legal entities, either public or private, represented in the EC-GA by a Party under the terms of Special Clause n 10 of the EC-GA. The Third parties linked to a beneficiary are listed in Attachment 5 of this Consortium Agreement. "Use" Use means the direct or indirect utilisation of Foreground in further research activities other than those covered by the Project, or for developing, creating and marketing a product or process, or for creating and providing a service.

Section 2: Purpose

The purpose of this Consortium Agreement is to specify with respect to the Project the relationship among the Parties, in particular concerning the organisation of the work between the Parties, the exploitation of Foreground, the management of the Project and the rights and obligations of the Parties concerning inter alia liability, Access Rights and dispute resolution.

Section 3: Entry into force, duration and termination

3.1 Entry into force

An entity becomes a Party to this Consortium Agreement upon signature of this Consortium Agreement by a duly authorised representative. This Consortium Agreement shall have effect from the Effective Date identified at the beginning of this Consortium Agreement. A new Party enters the Consortium upon signature of the accession document Attachment 3 by the new Party and the Coordinator. Such accession shall have effect from the date identified in the accession document.

3.2 Duration and termination

This Consortium Agreement has the same duration as the EC-GA established with the European Commission. The rights and obligations of the Parties stemming from this Consortium Agreement shall continue in full force and effect until their complete fulfilment. However, this Consortium Agreement or the participation of one or more Parties to it may be terminated in accordance with the terms of this Consortium Agreement and Annex II of the (EC-GA Article II.37. and II.38.). If the Commission does not award the EC-GA or terminates the EC-GA or a Party's participation in the EC-GA, this Consortium Agreement shall automatically terminate in respect of the affected Party/ies, subject to the provisions surviving the expiration or termination under Section 3.3 of this Consortium Agreement.


11 (139)

3.3 Survival of rights and obligations

The provisions relating to Access Rights and Confidentiality, for the time period mentioned therein, as well as for Liability, Applicable law and Settlement of disputes shall survive the expiration or termination of this Consortium Agreement. Termination shall not affect any rights or obligations of a Party leaving the Consortium incurred prior to the date of termination, unless otherwise agreed between the General Assembly and the leaving Party. This includes the obligation to provide all input, deliverables and documents for the period of its participation.

Section 4: Responsibilities of Parties

4.1 General principles

Each Party undertakes to take part in the efficient implementation of the Project, and shall undertake reasonable endeavours to cooperate perform and fulfill, promptly and on time, all of its obligations under the EC-GA and this Consortium Agreement as may be reasonably required from it and in a manner of good faith as prescribed by Belgian law.

Each Party shall undertake reasonable endeavours to notify promptly, in accordance with the governance structure of the Project, any significant information, fact, problem or delay likely to affect the Project. Each Party shall undertake reasonable endeavours to promptly provide all information within the Project reasonably required by a Consortium body or by the Coordinator to carry out its tasks. Each Party shall take reasonable measures to ensure the accuracy of any information or materials it supplies to the other Parties.

4.2 Breach

In the event a responsible Consortium body identifies a breach by a Party of its obligations under this Consortium Agreement or the EC-GA, the Coordinator or the party appointed by the General Assembly if the Coordinator is in breach of its obligations under this Consortium Agreement or the EC-GA will give written notice to such Party requiring that such breach be remedied within 30 calendar days. If such breach is substantial and is not remedied within that period or is not capable of remedy, the General Assembly may decide to declare the Party to be a Defaulting Party and to decide on the consequences thereof which may include termination of its participation. The Coordinator, taking advice from the General Assembly, shall make an action plan within 60 days after the written notice to the Part, if the Party is declared as a Defaulting Party.

4.3 Involvement of third parties

A Party that enters into a subcontract or otherwise involves third parties (including but not limited to Affiliated Entities) in the Project remains solely responsible for carrying out its relevant part of the Project and for such third party’s compliance with the provisions of this Consortium Agreement and of the EC-GA. It has to ensure that the involvement of third parties does not affect the rights and obligations of the other Parties under this Consortium Agreement and the EC-GA. Accordingly, Parties which listed Third parties linked to a beneficiary shall be solely responsible for the acts/omissions of such parties.


12 (139)

Section 5: Liability towards each other

5.1 No warranties

In respect of any information or materials (incl. Foreground and Background) supplied by one Party to another under the Project, no warranty or representation of any kind is made, given or implied as to the sufficiency or fitness for purpose nor as to the absence of any infringement of any proprietary rights of third parties. Therefore, - the recipient Party shall in all cases be entirely and solely liable for the use to which it puts such information

and materials, and - no Party granting Access Rights shall be liable in case of infringement of proprietary rights of a third party

resulting from any other Party (or its Affiliated Entities) exercising its Access Rights, save that no Party shall provide Access Rights to another Party in the knowledge that such grant of Access Rights shall infringe their party rights.

5.2 Limitations of contractual liability

No Party shall be responsible to any other Party for (i) any indirect or consequential loss or similar damage; and (ii) loss of profit, loss of revenue or loss of contracts in each case whether such loss is direct or indirect. A Party’s aggregate liability towards the other Parties collectively shall be limited to the lower of once the Party’s share of its EU financial contribution under the Project as identified in Annex I of the EC-GA or four hundred thousand (400,000) EURO. The exclusions and limitations of liability stated above shall not apply if the damage was caused by fraud, gross negligence or wilful acts. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability.

5.3 Damage caused to third parties

Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Foreground or Background.

5.4 Force Majeure

No Party shall be considered to be in breach of this Consortium Agreement if such breach is caused by Force Majeure. Each Party will notify the competent Consortium Bodies of any Force Majeure without undue delay. If the consequences of Force Majeure for the Project are not overcome within 6 weeks after such notification, the transfer of tasks - if any - shall be decided by the competent Consortium Bodies.

Section 6: Governance structure

6.1 General structure

The General Assembly (GA) is the decision-making body of the Consortium. The General Assembly is the key forum for strategic discussions about activities of the Flagship, and constitutes the principal channel of communication between all stakeholders within the Consortium.


13 (139)

The Coordinator is the legal entity acting as the intermediary between the Parties and the European Commission. The Coordinator shall, in addition to its responsibilities as a Party, perform the tasks assigned to it as described in the EC-GA and this Consortium Agreement. The Coordinator shall appoint a Director, who will have the functions as further set out in Annex I of the EC-GA. The Executive Board (EB) is the steering group of the Consortium. It proposes decisions and prepares the agenda of the General Assembly. The Strategic Advisory Council (SAC) advices the Executive Board and the Director on strategic research decisions. The work package leaders monitor the progress of the work packages, ensure the fulfilment of the objectives of the Project and report periodically to the Coordinator. As set out in more detail in Annex I of the EC-GA, there shall be a Funders’ forum (FF) which shall be composed of representatives of national funding agencies involved in graphene research as well as representatives from multinational initiatives and from relevant EC programmes. The members of the FF shall be identified before the kick-off of the Project. The role of the FF shall be to act as a contact point between the Project and related research programs and together with the Executive Board it shall be responsible for alignment between the Project and such programs.

6.2 GA members

The General Assembly shall consist of one duly authorised representative of each Party, whose name and contact details have to be communicated in writing to the Coordinator (hereinafter referred to as “ GA member”). Each GA member shall be deemed to be duly authorised to deliberate, negotiate and decide on all matters listed in Section 6.2.2 of this Consortium Agreement. A representative of the Coordinator shall chair all meetings of the General Assembly, unless decided otherwise by the General Assembly. The Parties agree to abide by all decisions of the General Assembly validly taken regarding the Project. This does not prevent the Parties from submitting a dispute for resolution in accordance with the provisions of settlement of disputes in Section 12.8 of this Consortium Agreement.

6.2.1 Operational procedures for the General Assembly

6.2.1.1 Representation in GA meetings

Any GA member: - should be present or represented at any meeting; - may appoint a substitute or a proxy to attend and vote at any meeting; - and shall participate in a cooperative manner in the meetings.

6.2.1.2 Preparation and organisation of GA meetings

Convening meetings: For each GA meeting a chairperson shall be elected, upon proposal by the Coordinator. The Director shall not be the chairperson. The chairperson shall convene ordinary meetings of the General Assembly at least once a year and shall also convene extraordinary meetings at any time upon written request of at least twenty (20) % of the GA members. The first General Assembly meeting shall be held within four (4) months from the Effective Date.


14 (139)

Notice of a meeting: The chairperson shall give notice in writing of a meeting to each GA member as soon as possible and no later than 30 calendar days preceding an ordinary meeting and 15 calendar days preceding an extraordinary meeting. Sending the agenda: The chairperson shall send each GA member a written original agenda no later than 14 calendar days preceding the meeting, or 7 calendar days before an extraordinary meeting. Adding agenda items: Any agenda item requiring a decision by the GA members must be identified as such on the agenda. Any GA member may add an item to the original agenda by written notification to all of the other GA members no later than 7 calendar days preceding the meeting. Any decision may also be taken without a meeting if the chairperson circulates to all GA members a written document which is then signed by the defined majority of GA members (see Section 6.2.2 of this Consortium Agreement). Meetings of the General Assembly may also be held by teleconference or other telecommunication means. Decisions will only be binding once the relevant part of the minutes has been accepted according to Section 6.2.1.5 of this Consortium Agreement.

6.2.1.3 Voting rules and quorum in the GA

The General Assembly shall not deliberate and decide validly unless two-thirds (2/3) of its members are present or represented (quorum). Each GA member present or represented at the meeting shall have one vote. Defaulting Parties may not vote.

6.2.1.4 Veto rights in the GA

A GA member who can show that its own work, time for performance, costs, liabilities, Intellectual Property Rights or other Legitimate Interests would be severely affected by a decision of the General Assembly may exercise a veto with respect to the corresponding decision or relevant part of the decision. When the decision is foreseen on the original agenda, a GA member may veto a decision during the meeting only. When a decision has been taken on a new item added to the agenda before or during the meeting, a GA Member may veto such decision during the meeting and within 15 days after the draft minutes of the meeting are sent. In case of exercise of veto, the GA members shall make every effort to resolve the matter which occasioned the veto to the general satisfaction of all members. A Party may not veto decisions relating to its identification as a Defaulting Party. The Defaulting Party may not veto decisions relating to its participation and termination in the Consortium or the consequences of them. A Party requesting to leave the Consortium may not veto decisions relating thereto.


15 (139)

6.2.1.5 Minutes of GA meetings

The chairperson shall produce written minutes of each meeting which shall be the formal record of all decisions taken. He shall send draft minutes to all GA members within 10 calendar days of the meeting. The minutes shall be considered as accepted if, within 15 calendar days from sending by email, no GA member has objected in writing to the chairperson with respect to the accuracy of the draft of the minutes. The chairperson shall send the accepted minutes to all the members of the General Assembly, and to the Coordinator, who shall safeguard them. If requested the Coordinator shall provide authenticated duplicates to Parties.

6.2.2 Decisions of the General Assembly (GA)

The General Assembly shall be free to act on its own initiative to formulate proposals and take decisions in accordance with the procedures set out herein. The following decisions shall be taken by the General Assembly: - Proposals for changes to Annex I of the EC-GA to be agreed by the European Commission - Changes to the Consortium Plan (including the Consortium Budget) - Withdrawals from Attachment 1 (Background included) - Additions to Attachment 2 (Background excluded) - Additions to Attachment 4 (List of Affiliated Entities and Third Parties to which transfer of Foreground is

possible without prior notice) - Appointments of three extra board members in the EB, on a yearly basis - Decisions regarding possible appointment of a new member of the EB after accepting new parties in the

Consortium through open calls - Non-binding suggestions regarding disputes between Parties subject to settlement of disputes, Section

12.8. Evolution of the Consortium: - Entry of a new party to the Consortium and approval of the settlement on the conditions of the accession

of such a new party under the EC-GA - Acceptance of new parties in the Project, through open calls - Withdrawal of a Party from the Consortium and the approval of the settlement on the conditions of the

withdrawal - Identification of a Party to be in breach of its obligations under this Consortium Agreement - Declaration of a Party to be a Defaulting Party - Remedies to be performed by a Defaulting Party - Termination of a Defaulting Party’s participation in the Consortium and measures relating thereto, - Proposal to the European Commission for a change of the Coordinator - Proposal to the European Commission for suspension of all or part of the Project - Proposal to the European Commission for termination of the Project and the Consortium Agreement. Decisions shall be taken by a majority of two-thirds (2/3) of the votes, except for the following decisions: i) decisions to declare a Party to be a Defaulting Party and to exclude a Defaulting Party, which shall be taken by a majority of five-sixths (5/6) of the votes. The Defaulting Party shall have no voting right, ii) decisions regarding acceptance of new parties in the Project, through open calls, which parties shall be accepted unless there is a Party exercising a veto pursuant to the terms set forth in Section 6.2.1.4 above, and iii) proposing to the European Commission to replace the Coordinator, to be decided by five-sixths (5/6) of the votes. The Coordinator shall have no voting right. Other appointments: The work package leaders and the members of the SAC shall be appointed as set out in Annex I of the EC-GA. In case of any changes in relation to such appointment, it shall be a matter for the General Assembly to approve of such change.


16 (139)

6.3 Executive Board (EB)

6.3.1 EB Members

The Executive Board (EB) will act as the steering committee of the Project. The EB shall consist of the following members: a representative of the Coordinator (the Director), the leaders of work packages 1-12 as defined in the Annex I of the EC-GA and three extra board members from among the Parties (hereinafter referred to as “EB member”). The three extra board members shall represent at least one academic and one industrial Party and shall be appointed by the General Assembly on a yearly basis. After accepting new parties in the Consortium through open calls the EB may in addition be expanded by an additional EB member, subject to decision of the General Assembly. The EB will meet at least four times a year to discuss progress in different areas within the Project, coordinate research projects and other activities within the Project. The EB elects a chairperson among its members for a period of one year at a time. The chairperson shall not be the Director. Between the EB meetings, the chairperson shall update the Director on all operations pertaining to the Project. The work package leaders shall be appointed as set out in Annex I of the EC-GA. In case of any changes in relation to such appointment, the General Assembly shall approve of such change. The role of the work package leaders is further described in Section 6.6 below.

6.3.2 Tasks of the EB

The EB shall prepare the meetings, propose decisions and prepare the agenda of the General Assembly according to Sections 6.2.1.2 and 6.2.2 above. The EB shall report to the General Assembly and be responsible for the proper execution and implementation of the decisions of the General Assembly. The EB shall monitor the effective and efficient implementation of the Project. In addition, the EB shall collect information from the Work Package Leaders at least every 6 months on the progress of the Project, examine that information to assess the compliance of the Project with the Consortium Plan and, if necessary, propose modifications of the Consortium Plan to the General Assembly. The EB shall: - make proposals to the General Assembly for: allocating the Project's budget in accordance with the GA;

reviewing and proposing budget reallocations to the Parties; and making proposals to the General Assembly for the creation, modalities of use, management and release of the Consortium Budget;

- support the Coordinator in preparing meetings with the European Commission and in preparing related data and deliverables;

- prepare the content and timing of press releases and agreeing upon the plan for using and disseminating the Foreground in accordance with Articles II.29 and II.30 of the EC-GA;

- making proposals to the General Assembly that the General Assembly should, within a period of 30 days, propose to the Parties (other than the Defaulting Party) to serve notice on a Defaulting Party in accordance with Section 4.2 and that the General Assembly decide to assign the Defaulting Party's tasks to specific entity(ies) (preferably chosen from the remaining Parties);

- decide upon the technical roadmaps with regard to the Project; - decide upon measures in the framework of controls and audit procedures to ensure the effective day-to-

day co-ordination and monitoring of the progress of the technical work affecting the Project as a whole; - together with the Funders’ forum, be responsible for alignment with relevant research programs funded

by the member states or the EC; - propose the members of the SAC to the GA; and - decide on issues related to Associated members as further described in Section 6.8 below.


17 (139)

In the case of abolished tasks as a result of a decision of the General Assembly, the EB shall advise the General Assembly on ways to rearrange tasks and budgets of the Parties concerned. Such rearrangement shall take into consideration the legitimate commitments taken prior to the decisions, which cannot be cancelled.

6.3.3 Preparation and organisation of EB meetings

Convening meetings: The chairperson of the EB shall convene meetings of the EB at least four times a year and at any time upon written request of at least five of the EB members. Notice of a meeting: The chairperson of the EB shall give notice in writing of a meeting to each EB member as soon as possible and no later than 14 calendar days for ordinary meetings and 7 calendar days for extraordinary meetings.

Sending the agenda: The chairperson of the EB shall prepare and send each EB member a written (original) agenda no later than 7 calendar days preceding the meeting.

Adding agenda items: Any agenda item requiring a decision by the EB members must be identified as such on the agenda. Any member of the EB may add an item to the original agenda by written notification to all of the other members up to the minimum number of 2 working days preceding the meeting.

Any decision may also be taken without a meeting if the Coordinator circulates to all EB members a written document which is then signed by the defined majority of all EB members. Meetings of the EB may be held by teleconference or other telecommunication means. Decisions will only be binding once the relevant part of the minutes has been accepted according to Section 6.3.5.

6.3.4 Voting rules and quorum in the EB

The EB shall not deliberate and decide validly unless two-thirds (2/3) of its members are present or represented (quorum). Each EB member present or represented in the meeting shall have one vote. Defaulting Parties may not vote. Decisions of the EB shall be taken by a majority of two-thirds (2/3) of the votes.

6.3.5 Minutes of EB meetings

The chairperson of the EB shall produce written minutes of each meeting which shall be the formal record of all decisions taken. He shall send the draft minutes to all EB members within ten (10) calendar days of the meeting. The minutes shall be considered as accepted if, within 15 calendar days from sending, no EB member has objected in writing to the chairperson with respect to the accuracy of the draft of the minutes. The chairperson shall send the accepted minutes to all the EB members and the Coordinator, who shall safeguard them.

The Coordinator shall thereafter distribute the minutes from the EB meetings to all Parties.


18 (139)

6.4 Coordinator

6.4.1 The Coordinator shall be the intermediary between the Parties and the European Commission and shall perform all tasks assigned to it as described in the EC-GA and in this Consortium Agreement. The Coordinator (represented by the Director) shall be the Project leader as further set out in Annex I of the EC-GA. The Director will have administrative and managerial assistance as further set out in Annex I of the EC-GA. 6.4.2 In particular, the Coordinator shall be responsible for: - together with the Executive Board, the coordination of the scientific and technological work within the

Consortium - together with the Executive Board, that the work within the Consortium is undertaken in an effective

manner and to a suitable standard of quality - working with the Executive Board on the communication and the external relations of the Project - monitoring compliance by the Parties with their obligations - keeping the address list of GA and EB members and other contact persons updated and available - collecting, reviewing and submitting information on the progress of the Project and reports and other

deliverables (including financial statements and related certification) to the European Commission - assist the EB in preparing the General Assembly meetings and providing someone to take the minutes at

such meetings - transmitting promptly documents and information connected with the Project, - administering the Community financial contribution and fulfilling the financial tasks described in Section

7.3 - providing, upon request, the Parties with official copies or originals of documents which are in the sole

possession of the Coordinator when such copies or originals are necessary for the Parties to present claims.

6.4.3 If the Coordinator fails in its coordination tasks, the General Assembly may propose to the European Commission to change the Coordinator. 6.4.4 The Coordinator shall not be entitled to act or to make legally binding declarations on behalf of any other Party. 6.4.5 The Coordinator shall not enlarge its role beyond the tasks specified in this Consortium Agreement and in the EC-GA.

6.5 Director

The Director and Vice-Director are appointed and employed by the Coordinator.

The Director shall in particular be responsible for: - preparing the GA meetings by sending out invitations and agenda and arranging for minutes - to be kept - continually informing the Executive Board on the operations of the Project and maintaining - a close dialogue with the chairperson of the Executive Board - leading and coordinating the scientific and technological work of the Project together with - the work package leaders - handling the administrative and legal matters of the Project - handling communication between the Project and the European Commission - being the spokesperson for the Project in different contexts - mediating in any conflicts in the Consortium. Its suggestions are non-binding.


19 (139)

6.6 Work package leaders

The research and development activities of the Project are structured into topical work packages. Each work package will be led by a work package leader. The work package leaders shall be appointed as set out in Annex I of the EC-GA. In case of any changes in relation to such appointment, it shall be a matter for the General Assembly to approve of such change. The role of the work package leaders is to: - monitor the progress of the WP against work plan and budget allocations - ensure that the work package fulfils the objectives, milestones and deliverables - deliver management reports to the Coordinator In addition to the above, the work package leaders from WP 1-12 shall, together with the Coordinator (Director) and the three extra board members, fulfil the functions in the Executive Board, as further set out in Section 6.3.2 above.

6.7 Strategic Advisory Council

The Consortium shall have a Strategic Advisory Council (SAC) consisting of experts within the science, technology and industry concerning graphene. The key tasks for the SAC are to: - advise the EB on strategic research decisions - facilitate contacts with related national and international research programmes The membership of the SAC shall be personal and no substitutes shall be allowed. The SAC shall consist of nine members, which shall be appointed by the General Assembly, based on recommendations by the Executive Board. The members of the SAC shall serve three year renewable terms. The SAC will meet at least two times a year. The SAC shall, together with the Executive Board and the General Assembly, elaborate on the content of new calls aimed at developing the Project by including new partners to the Consortium or developing new research directions. Together with the Coordinator and the EB, the SAC will promote the Flagship. For the avoidance of doubt, the members of the SAC shall have no voting rights. The SAC shall not make any decisions but only recommendations to the decision making bodies of the Consortium. If the members of the SAC are not a Party within the Consortium, they are required to sign a non-disclosure agreement before any Confidential Information is exchanged.

6.8 Associated members

Organisations that participate in Flagship related activities other than this Project, funded for instance by national means (e.g. through an ERA-NET project) may be invited to become “Associated members” by the Executive Board. The Executive Board will appoint new Associated members upon recommendation by national bodies or the European Commission or may itself identify new Associated members. The Associated members may attend certain activities organised by the Project and take advantage of some services provided by the Project, decided beforehand by the Executive Board, such as list their publications and patents in the database maintained by the Project. Unless agreed explicitly in advance in written by the relevant Parties no Confidential Information of a Party under this Agreement may be shared with the Associated members. If agreed between the relevant Parties, the Associated members may be requested to sign a confidentiality undertaking before participating in any project activities. Associated members and Parties to this Consortium Agreement may agree to have different forms of collaboration on a case by case basis, provided that such agreements do not infringe on the rights of other Parties, directly or indirectly, under this Agreement or the EC-GA. For the avoidance of doubt, the Associated members shall have no voting rights and are not parties to this Consortium Agreement. Accordingly, they shall not have any Access Rights under this Consortium Agreement.


20 (139)

Section 7: Financial provisions

7.1 General Principles

7.1.1 Distribution of Financial Contribution

The Community financial contribution to the Project shall be distributed by the Coordinator according to: - the Consortium Budget as included in the Consortium Plan - the approval of reports by the European Commission, and - the provisions of payment in Section 7.3.

A Party shall be funded only for its tasks carried out in accordance with the Consortium Plan.

7.1.2 Late delivery

All major agreed contributions to deliverables have to be submitted in the agreed time by the involved Party. If, in the reasonable opinion of the Consortium body to whom delivery is made, the contribution is unjustifiably late, such Consortium body may request the Coordinator to undertake any or all of the following: 1) send an official letter to the responsible Party informing them of the late delivery and specifying such late

delivery is to be considered as not in accordance with the obligations herein, and/or 2) notify the European Commission and record the delay in the official management report to the European

Commission 30 days after the date the contribution is due; and/or 3) raise the issue to the General Assembly and propose a vote to declare the Party to be a Defaulting Party

45 days after the date the contribution is due and if applicable, impose a delay in the payment to the Party in question.

Notwithstanding the aforementioned, it is expected that the Coordinator shall make a decision to withhold or recover any payments to a Defaulting Party as provided for in Section 7.3.2 based upon the particulars of the late delivery in question subject to the rights of the Coordinator under the EC-GA. The Coordinator shall take into account any mitigating factors put forward by the Party responsible for such late delivery. It is understood that the Coordinator would normally adopt a process of escalation with regard to repeated instances of late delivery by the same Party.

7.1.3 Justifying Costs

In accordance with its own usual accounting and management principles and practices, each Party shall be solely responsible for justifying its costs with respect to the Project towards the European Commission. Neither the Coordinator nor any of the other Parties shall be in any way liable or responsible for such justification of costs towards the European Commission

7.1.4 Funding Principles

A Party which spends less than its allocated share of the Consortium Budget will be funded in accordance with its actual duly justified eligible costs only. A Party that spends more than its allocated share of the Consortium Budget will be funded only in respect of duly justified eligible costs up to an amount not exceeding that share.

7.1.5 Financial Consequences of the termination of the participation of a Party

A Party leaving the Consortium shall refund all payments it has received except the amount of contribution accepted by the European Commission or another contributor. Furthermore a Defaulting Party shall, within the limits specified in Section 5.2 of this Consortium Agreement, bear any reasonable and justifiable additional costs occurring to the other Parties in order to perform its and their tasks.


21 (139)

7.2 Budgeting

The Consortium Budget shall be valued in accordance with the usual accounting and management principles and practices of the respective Parties.

7.2.2 Budgeting of coordination costs

Costs of coordination of research which are not allowed as management cost according to Annex II of the EC-GA (EC-GA Article II.16.5) have to be budgeted separately.

7.3 Payments

7.3.1 Payments to Parties are the exclusive tasks of the Coordinator. In particular, the Coordinator shall: - receive the EU financial contribution and distribute it in accordance with this Consortium Agreement and

the EC-GA and notify the Party concerned promptly of the date and composition of the amount transferred to its bank account, giving the relevant references

- perform diligently its tasks in the proper administration of any funds and in maintaining financial accounts - undertake to keep the European Union’s financial contribution to the Project separated from its normal

business accounts, its own assets and property, except if the Coordinator is a Public Body or is not entitled to do so due to statutory legislation.

7.3.2 All payments shall be made without undue delay by the Coordinator after receipt of funds from the European Commission and shall be consistent with the accepted decisions of the General Assembly on the Consortium Budget, which includes the payment distribution schedule. The payment distribution schedule shall be provided by the Coordinator and shall contain the transfer of pre-financing and interim payments to the Parties. Payments to Parties will be handled according to the principles and modalities described in Article II.6 of Annex II of the EC-GA. The Coordinator is entitled to withhold any advances due to a Defaulting Party and to recover any payments already paid to a Defaulting Party as per Section 7.1.2 above and subject to the rights of the Coordinator under the EC-GA. In addition to the above, the Coordinator is entitled to withhold any payments due to a Party identified by a responsible Consortium body to be in breach of its obligations under this Consortium Agreement or the EC-GA” or to a Beneficiary which has not yet signed this Consortium Agreement or the Accession document in attachment 3.


22 (139)

Section 8: Foreground

8.0 Regarding Foreground, EC-GA Article II.26. - Article II.29. shall apply with the following additions: Foreground shall be the property of the Party carrying out the work generating that Foreground. Each Party undertakes to inform the WP Leader of WP12, of Foreground generated, which the Party reasonably deems to be of its current or future commercial interest. A general overview of such Foreground shall be provided in writing. The WP Leader of WP 12 shall, subject to Confidentiality obligations due to IPR protection or other Legitimate Interests of a Party inform the other Parties thereof. For sake of clarity, no Access Rights are given through such communication; the rules about granting of Access Rights defined in Sections 8 and 9 shall apply. The Parties’ attention is drawn to the fact that there are many other research programs funding projects related to graphene (“Other Related Projects” or “ORPs”). Therefore, where research undertaken within the Graphene Project involves Parties who are also working in research within the same or a similar area within an ORP, the Parties concerned shall: i) ensure they undertake reasonable efforts to clearly identify where and under which project Foreground is created and undertake reasonable efforts to keep the Foreground of the Graphene Project and the ORP clear and distinct from each other; ii) inform the relevant Consortium body/ies (such as Work Package Leaders, the EB and the GA) of any existing or potential conflict and collaborate with such body/ies to try to minimise the impact of such conflict and find a workable solution that is in accordance with the EC-GA, this Agreement and the terms of the ORP; iii) where a conflict is unavoidable, and having undertaken the process in ii) above, ensure that any Access Rights granted under this Agreement do not conflict with the terms of the ORP. For example no exclusive Access Rights shall be granted to Foreground under either this Agreement or under the terms of the ORP without the express prior written consent of all the Parties hereto and those of the ORP.

8.1 Joint ownership

8.1.1 Where several Parties have jointly carried out work generating Foreground and only where their respective share of the work cannot be ascertained, they shall have joint ownership of such jointly owned Foreground (hereinafter “Joint Foreground”). The Parties in question (hereinafter the “Joint Owners”) shall own the Joint Foreground in equal parts unless a Joint Owner can provide reasonable justification that the ownership shall instead reasonably be divided in another way (e.g.pro rata to the intellectual, human or financial resources invested in the Joint Foreground), or otherwise agreed in a Joint ownership agreement as referred to in Section 8.1.3 below. A Joint Owner can also assign its share of the Joint Foreground to one or some of the Joint Owners as long as the assignment does not prejudice the rights granted under this Consortium Agreement. 8.1.2 Application for registration of Intellectual Property Rights for Joint Foreground shall be made if the Joint Owners agree. Any of the Joint Owners may raise a request to the other Joint Owner(s). If such request is made, the Joint Owners shall meet to discuss the drafting of the application and in which territories the rights shall be sought.


23 (139)

8.1.3 The Joint Owners of Joint Foreground shall use good faith reasonable endeavours to agree between them a Joint Ownership agreement for the Use of such Joint Foreground. However, (and subject strictly to the obligations within this clause) in the event a Joint Ownership Agreement (i) has not yet been agreed, or (ii) the Joint Owners are unable to reach full agreement within six (6) months of initiating negotiations, each of the Joint Owners shall be entitled to Use their Joint Foreground for non-commercial research and teaching purposes on a royalty free basis and without requiring the prior consent of the Joint Owners. Each of the Joint Owners shall be entitled to Use their Joint Foreground for commercial purposes including to grant non-exclusive licenses to third parties but without the right to sub-license strictly subject to the following conditions: - at least 45 days prior notice must be given to the other Joint Owners before the granting of non-exclusive

licenses and -a Fair and Reasonable compensation must be agreed with the other Joint Owner(s). Notwithstanding the above, where such jointly-owned Foreground incorporates registerable Intellectual Property Rights (such as, but not limited to, a patentable technology) or a Party’s trade secrets or Confidential Information the Joint Owners must establish a Joint Ownership agreement before any commercial Use (including research for the benefit of third parties) is made of the Joint Foreground. 8.1.4 Subject to Section 8.1.5 below, protection measures, all costs related to applications for patents and other IPR protection, maintenance, costs for bringing actions for infringements and division of related costs of Joint Foreground shall be agreed between the Joint Owners in advance and all such costs shall be shared between the Joint Owners pro rata to their share in the jointly owned Foreground. For the avoidance of doubt, a Joint Owner is entitled to decide not to contribute to such costs. 8.1.5 (a) If and when a Joint Owner decides not to contribute, or not to continue its contribution, as the case may be, to the costs of application for or maintenance of patent or other IPR protection for the Joint Foreground, for one or more countries or territories, it shall be entitled not to contribute, or to discontinue its contribution, provided however that: (i) it shall promptly notify the other Joint Owner(s) in writing of its decision; (ii) it shall forthwith, without any compensation other than what is regulated in (iii) below, relinquish all its title to and interest in such jointly owned patents, patent applications or other registered IPRs protecting such Foreground for the countries or territories concerned to the other owner(s) who contribute or continue their contribution, as the case may be, to such costs in accordance with Section 8.1.4 above; and (iii) it shall lose its rights with respect to such jointly owned patents, patent applications or other registered IPRs for the countries or territories concerned as of the moment of notification, but subject, however, to the retention of a non-transferable, non-exclusive, royalty free licence without the right to grant sublicenses during one year. After this year, the Joint Ownership Agreement, or this Consortium Agreement if there is no Joint Ownership Agreement, shall apply. (b) Each Joint Owner of patents or patent applications or other IPRs protecting Joint Foreground shall at their own expense, have the right to seek or maintain IPR protection for any such jointly owned IPRs if an agreement in accordance with Section 8.1.4 has not been reached within 90 days of a Joint Owner having notified the other Joint Owner(s) of the fact of a joint invention, or, if an agreement in accordance with Section 8.1.4 has been reached, beyond the protection which is covered by such agreement, and will in such case have full control over its preparation, prosecution and maintenance, even though title to any issuing patent or other IPR will be joint. (c) Each Joint Owner of patents or patent applications or other IPRs protecting Joint Foreground shall, at their own risk and expense, have the right to bring an action for infringement of any such jointly owned IPRs if an agreement in accordance with Section 8.1.4 has not been reached.

8.2 Transfer of Foreground

8.2.1 Each Party may assign ownership of its own Foreground (including without limitation its share in Joint Foreground, and all rights and obligations attaching to it) to any of its Affiliated Entities, or to another third party identified to this Consortium Agreement without prior notification to the other Parties.


24 (139)

However: (a) any such assignment shall be made subject to the Access Rights, the rights to obtain Access Rights and the right to disseminate Foreground that are granted to the other Parties and their Affiliated Entities in the EC-GA and/or this Consortium Agreement. Therefore, each assignor shall ensure that such assignment does not prejudice such rights of the other Parties or their Affiliated Entities. This may be done, for example, (i) by effecting such assignment subject to a license back to the assigning Party that is sufficient for the assigning Party to grant to the other Parties and their Affiliated Entities such Access Rights, or (ii) by the assigning Party obtaining from the assignee of the Foreground legally binding undertakings (that can be enforced by the other Parties and their Affiliated Entities) to grant such Access Rights; and (b) the assignor shall pass on its obligations regarding the assigned Foreground to the assignee, including the obligation to pass them on to any subsequent assignee; and (c) if the assignment is made other than to a third party identified in Attachment 4 to this Consortium Agreement or an Affiliated Entity, the assigning Party shall, either before or within a reasonable period following assignment of any rights in any Foreground, ensure that such assignment is subject to the principles in 8.2.1 (a) above and notify the other Parties of the assignment, including details of the Foreground assigned and the identity and contact details of the assignee. 8.2.2 Each Party hereby waives any right to object to any assignment that is made in compliance with this Section 8.2 and in accordance with the EC-GA.

8.3 Dissemination

8.3.1 Publication

8.3.1.1 Dissemination activities including but not restricted to publications and presentations shall be governed by the procedure of Article II.30.3 of the EC-GA subject to the following provisions. Prior notice of any planned publication shall be made thirty (30) calendar days before the publication. Any objection to the planned publication shall be made in accordance with the EC-GA in writing / email within fifteen (15) calendar days after the notice. If no objection is made within the time limit stated above, the publication is permitted. The notices shall be made on the website of the Project at a restricted area and the planned publication shall be included. The notices are deemed given when planned publications have been published on the website at the restricted area and notifications have been sent to the other Parties. 8.3.1.2 An objection is justified if (a) the objecting Party's Legitimate Interests in relation to Background or Foreground or Confidential Information are threatened or compromised by the publication; or (b) the protection of the objecting Party's Foreground or Background is adversely affected. The objection has to include a precise request for necessary modifications. 8.3.1.3 If an objection has been raised the involved Parties shall discuss how to overcome the justified grounds for the objection on a timely basis (for example by amendment to the planned publication and/or by protecting information before publication) and the objecting Party shall not unreasonably continue the opposition if appropriate actions are performed following the discussion. Subject to the publishing Party making reasonable requested amendments to the proposed publication under no circumstances may the publication be delayed for more than sixty (60) calendar days following the objection.


25 (139)

8.3.2 Publication of another Party’s Foreground or Background

For the avoidance of doubt, a Party shall not publish Foreground or Background of another Party, even if such Foreground or Background is amalgamated with the Party’s Foreground, without the other Party’s express prior written approval. For the avoidance of doubt, the mere absence of an objection in accordance with Section 8.3.1 is not considered as an approval.

8.3.3 Cooperation obligations

The Parties undertake to cooperate to allow the timely submission, examination, publication and defence of any dissertation or thesis for a degree which includes their Foreground or Background. However, confidentiality and publication clauses have to be respected.

8.3.4 Use of names, logos or trademarks

Nothing in this Consortium Agreement shall be construed as conferring rights to use in advertising, publicity or otherwise the name of the Parties or any of their logos or trademarks without their prior written approval.

8.3.5 Data management plan

The Parties undertake all reasonable efforts to abide by the current adopted Data management plan regarding access to research data, as further described in Annex I of the EC-GA. Until such Data management plan has been adopted, each Party shall be individually responsible for securing storage and access to research data.

Section 9: Access Rights

9.1 Background covered

9.1.1 The Parties shall identify in the Attachment 1 the Background to which they are ready to grant Access Rights, subject to the provisions of this Consortium Agreement and the EC-GA. Such identification may be done by e.g. - subject matter and possibly in addition by - naming a specific department of a Party. 9.1.2 The owning Party may add further Background to Attachment 1 during the Project by written notice. However, only the General Assembly can permit a Party to withdraw any of its Background from Attachment 1. 9.1.3 The Parties agree that all Background not listed in Attachment 1 shall be explicitly excluded from Access Rights. The Parties agree, however, to negotiate in good faith additions to Attachment 1 if a Party asks them to do so and those are Needed. For the avoidance of doubt, the owner is under no obligation to agree to additions of its Background to Attachment 1, as long as it is in compliance with the EC-GA. 9.1.4 In addition, if a Party wishes to list specific Background as excluded, it shall identify such Background in Attachment 2 of this Consortium Agreement. Excluded Background may be subject to special conditions disclosed as soon as possible by the respective Party. For the avoidance of doubt, subject to this Agreement and the EC-GA, Background that is Needed should not be excluded. The owning Party may withdraw any of its Background from Attachment 2 during the Project by written notice.


26 (139)

However, only the General Assembly can permit a Party to add Background to Attachment 2. In addition, each Party agrees not knowingly to use, in the execution of the Project any Background excluded pursuant to the EC-GA or this Consortium Agreement where such use would result in such excluded Background being Needed for the Use of Foreground.

9.2 General Principles

9.2.1 Each Party shall implement its tasks in accordance with the Consortium Plan and shall bear sole responsibility for ensuring that its acts within the Project do not knowingly infringe third party property rights. 9.2.2 As provided in the EC-GA Article II.32.3. Parties shall inform the Consortium as soon as possible of any limitation to the granting of Access Rights to Background or of any other restriction which might substantially affect the granting of Access Rights. The Parties’ attention is drawn to the statements in Section 8.0. 9.2.3 If the General Assembly considers that the restrictions have such impact, which is not foreseen in the Consortium Plan, it may decide to update the Consortium Plan accordingly.

9.2.4 Any Access Rights granted expressly exclude any rights to sublicense unless expressly stated otherwise. Access Rights shall be free of any administrative transfer costs. Access Rights are granted on a non-exclusive basis, if not otherwise agreed in writing by all the Parties according to the EC-GA Article II.32.7. 9.2.5 Foreground and Background shall be used only for the purposes for which Access Rights to it have been granted. 9.2.6 All requests for Access Rights to Background and Foreground shall be made in writing. The granting of Access Rights may be made conditional on the acceptance of specific conditions aimed at ensuring that these Access Rights will be used only for the intended purpose and that appropriate confidentiality obligations are in place. 9.2.7 The requesting Party must show that the Access Rights to Background and Foreground are Needed.

9.3 Access Rights for implementation

Access Rights to Foreground and Background Needed for the performance of the own work of a Party under the Project shall be granted on a royalty-free basis.

9.4 Access Rights for Use

9.4.1 Access Rights to Foreground if Needed for Use of Foreground including for third-party research shall be granted on Fair and Reasonable conditions. Access Rights to Foreground for non-commercial internal research activities (including such research by Third parties linked to a beneficiary as defined in this Consortium Agreement) and teaching shall be granted on a royalty-free basis. 9.4.2 Access Rights to Background if Needed for Use of a Party's own Foreground shall, where the granting Party is free and able to do so, be granted on Fair and Reasonable conditions.


27 (139)

9.4.3 A request for Access Rights may be made up to twenty four (24) months after the end of the Project or, in the case of Section 9.7.2.1.2, after the termination of the requesting Party’s participation in the Project.

9.5 Access Rights for Affiliated Entities

9.5.1 Each Party hereby grants Access Rights to any Affiliated Entity of any other Party as if such Affiliated Entity was a Party, and subject to the condition that such Affiliated Entity shall undertake to grant licences and user rights, on terms identical to Access Rights, to its IPR Needed to Use Foreground, to all Parties and their Affiliated Entities (subject to such Affiliated Entities also having given such undertaking) and (without prejudice to the Parties' obligations to carry out the Project and to provide Project deliverables) to fulfil all confidentiality and other obligations towards the Commission and the other Parties accepted by the Parties under the EC-GA or this Consortium Agreement as if such Affiliated Entity was a Party. Access Rights granted to any Affiliated Entity are subject to the continuation of the Access Rights of the Party of which it is an Affiliated Entity, and shall automatically terminate upon termination of the Access Rights granted to such Party. Further, if an Affiliated Entity fails in any material respect to comply with the undertaking given by it as above, and fails to rectify the non-compliance after being given a reasonable opportunity to do so, all Access Rights granted to it based upon that undertaking shall terminate.

Upon cessation of the status as an Affiliated Entity, any Access Rights granted to such former Affiliated Entity shall lapse. Further arrangements with Affiliated Entities may be negotiated in separate agreements.

9.6 Additional Access Rights

For the avoidance of doubt any grant of Access Rights not covered by the EC-GA or this Consortium Agreement shall be at the absolute discretion of the owning Party and subject to such terms and conditions as may be agreed between the owning and receiving Parties.

9.7 Access Rights for Parties entering or leaving the Consortium

9.7.1 New Parties entering the Consortium

All Foreground developed before the accession of the new Party shall be considered to be Background with regard to said new Party.

9.7.2 Parties leaving the Consortium

9.7.2.1 Access Rights granted to a leaving Party

9.7.2.1.1 Defaulting Party

The exclusion of a Defaulting Party may be decided by the GA by a majority of five-sixths (5/6) of the votes minus the vote of the Defaulting Party and pursuant to the terms set forth in the EC-GA. Access Rights granted to a Defaulting Party and such Party's right to request Access Rights shall cease immediately upon receipt by the Defaulting Party of the formal notice of the decision of the General Assembly to terminate its participation in the Consortium.


28 (139)

9.7.2.1.2 Non-defaulting Party

A non-defaulting Party leaving voluntarily and with the other Parties' consent shall continue to have Access Rights to the Foreground developed up-to the date of the termination of its participation. It may request Access Rights within the period of time specified in Section 9.4.3.

9.7.2.2 Access Rights to be granted by any leaving Party

Any Party leaving the Project shall continue to grant Access Rights pursuant to the EC-GA and this Consortium Agreement as if it had remained a Party for the whole duration of the Project.

10 Specific Provisions for Access Rights to Software

For the avoidance of doubt, the general provisions for Access Rights provided for in Section 9 above are applicable also to Software. Parties’ Access Rights to Software do not include any right to receive source code or object code ported to a certain hardware platform or any right to receive Software documentation in any particular form or detail, but only as available from the Party granting the Access Rights.

Section 11: Non-disclosure of information

11.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 11.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GA, for a period of 5 years after the end of the Project: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party without the prior written consent by the

Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict

need-to-know basis; and - to return on Recipient’s cost to the Disclosing Party or to destroy on demand all Confidential Information

which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however keep a copy for archival purposes only.

11.3 The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees, subcontractors and shall ensure that their employees or subcontractor remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment or subcontracting.


29 (139)

11.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s

confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer

confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a

third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party;

- the disclosure or communication of the Confidential Information is foreseen by provisions of the EC-GA; - the disclosure is due to mandatory national laws or mandatory national regulations or a national court

order or administrative order; - the Confidential Information, at any time, was developed by the Recipient completely independently of

any such disclosure by the Disclosing Party which can be shown by written records; or - the Confidential Information was already known to the Recipient prior to disclosure and the Recipient can

demonstrate such through contemporaneous documentation. 11.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 11.6 Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 11.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with national laws or national regulations or with a national court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure (i) notify the Disclosing Party, and (ii) where it is legally possible comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. 11.8 The confidentiality obligations under this Consortium Agreement and the EC-GA shall not prevent the communication of Confidential Information to the European Commission.

Section 12: Miscellaneous

12.1 Attachments, inconsistencies and severability

This Consortium Agreement consists of this core text and Attachment 1 (Background included) Attachment 2 (Background excluded) Attachment 3 (Accession document) Attachment 4 (List of Affiliated Entities and Third Parties to which transfer of Foreground is possible without prior notice) Attachment 5 (List of Third parties linked to a beneficiary) Attachment 6 (Initial list of GA Members and other contact persons) In case the terms of this Consortium Agreement are in conflict with the terms of the EC-GA, the terms of the latter shall prevail. In case of conflicts between the attachments and the core text of this Consortium Agreement, the latter shall prevail. Should any provision of this Consortium Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining provisions of this Consortium Agreement. In such a case, the Parties concerned shall be entitled to request that a valid and practicable provision be negotiated which fulfils the purpose of the original provision.


30 (139)

12.2 No representation, partnership or agency

The Parties shall not be entitled to act or to make legally binding declarations on behalf of any other Party. Nothing in this Consortium Agreement shall be deemed to constitute a joint venture, agency, partnership, interest grouping or any other kind of formal business grouping or entity between the Parties.

12.3 Notices and other communication

Any notice to be given under this Consortium Agreement shall be in writing to the addresses and recipients as listed in the most current address list kept by the Coordinator based on the initial list of GA Members and other contact persons in Attachment 6. Formal notices: If it is required in this Consortium Agreement (Section 9.7.2.1.1) that a formal notice, consent or approval shall be given, such notice shall be signed by an authorised representative of a Party and shall either be served personally or sent by mail with recorded delivery. Other communication: Other communication between the Parties may also be effected by other means such as e-mail with acknowledgement of receipt, which fulfils the conditions of written form. Any change of persons or contact details shall be notified immediately by the respective Party to the Coordinator. The address list shall be accessible to all concerned.

12.4 Assignment and amendments

No rights or obligations of the Parties arising from this Consortium Agreement may be assigned or transferred, in whole or in part, to any third party without the other Parties’ prior formal approval except for those third parties listed specifically in Attachment 4. Amendments and modifications to the text of this Consortium Agreement not explicitly listed in Section 6.2.2 require a separate agreement between all Parties.

12.5 Mandatory national law

Nothing in this Consortium Agreement shall be deemed to require a Party to breach any mandatory statutory law under which the Party is operating.

12.6 Language

This Consortium Agreement is drawn up in English, which language shall govern all documents, notices, meetings, arbitral proceedings and processes relative thereto.

12.7 Applicable law

This Consortium Agreement shall be construed in accordance with and governed by the laws of Belgium.


31 (139)

12.8 Settlement of disputes

The first step to handle any conflict between the Parties is taken at the work package level. If a solution cannot be found at such level, the work package leader reports the conflict to the Coordinator, and the Coordinator attempts to find a proper solution. If this fails, the issue is taken to the following General Assembly meeting or one Party may opt to make use of this Section 12.8 Settlement of disputes instead. All disputes other than disputes relating to infringement of and/or validity of Intellectual Property Rights arising out of or in connection with this Consortium Agreement, which cannot be solved amicably, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The arbitration shall be conducted in English. The place of arbitration shall be Brussels if not otherwise agreed by the conflicting Parties. The award of the arbitration will be final and binding upon the Parties. However, should any Party (e.g. a Public Body) provide reasonable justification that certain provisions of its national law prevents it from submitting the relevant dispute to arbitration, the concerned Parties will submit the dispute to the Courts of Brussels. Nothing in this Consortium Agreement shall limit the Parties' right to seek injunctive relief in any applicable competent court of law.

Section 13: Signatures

13.1 This Consortium Agreement shall be signed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement, it being understood that all Parties need not sign the same counterpart. Every Party shall sign two counterparts of their respective signature page and shall send them to the Coordinator, which shall countersign them. The Coordinator shall keep one set of all the originals of the pages of signature for its records and shall distribute one electronic copy of all the signed counterparts to each Party together with one counterpart of the respective signature page countersigned by the Coordinator within 60 days of receipt of the last signed counterpart

13.2 AS WITNESS: The Parties have caused this Consortium Agreement to be duly signed by the undersigned authorised representatives in separate signature pages the day and year first above written.


32 (139)

Authorised to sign on behalf of CHALMERS TEKNISKA HOEGSKOLA AKTIEBOLAG (CUT)

Signature(s): ______________________________________________

Name(s): Peter Apell

Position(s): Head of Department

Authorised to sign on behalf of CONSIGLIO NAZIONALE DELLE RICERCHE (CNR)

Signature(s): ______________________________________________

Name(s): Roberto Zamboni

Position(s): Director


33 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of RIJKSUNIVERSITEIT GRONINGEN (RUG)

Signature(s): ______________________________________________

Name(s): Sibrand Poppema

Position(s): President of the University of Groningen


34 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of AGENCIA ESTATAL CONSEJO SUPERIOR DE INVESTIGACIONES

CIENTIFICAS (CSIC)

Signature(s): ______________________________________________

Name(s): Antonio Figueras

Position(s): Vice-President for Scientific and Technical Research


35 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITAET BASEL (UBAS)

Signature(s): ______________________________________________

Name(s): Edwin C. Constable

Position(s): Vice-Rector Research


36 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of THE UNIVERSITY OF MANCHESTER (UNIMAN)

Signature(s): ______________________________________________

Name(s): Andrew Walsh

Position(s): Director of Research and Business Engagement


37 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of FUNDACIO PRIVADA INSTITUT CATALA DE NANOTECNOLOGIA (ICN)

Signature(s): ______________________________________________

Name(s): Pablo Jesús Ordejón Rontomé Position(s): Director


38 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITE CATHOLIQUE DE LOUVAIN (UCdL)

Signature(s): ______________________________________________

Name(s): Bruno Delvaux Position(s): Rector


39 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITAET REGENSBURG (UREG)

Signature(s): ______________________________________________

Name(s): Christian Blomeyer Position(s): Head of Administration


40 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of RHEINISCH-WESTFAELISCHE TECHNISCHE HOCHSCHULE AACHEN

(RWTH)

Signature(s): ______________________________________________

Name(s): Ernst Schmachtenberg

Position(s): Rector


41 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of COMMISSARIAT A LÉNERGIE ATOMIQUE ET AUX ENERGIES

ALTERNATIVES (CEA)

Signature(s): ______________________________________________

Name(s): Florence Lambert

Position(s): Director Liten Institute


42 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of AIXTRON LIMITED (AIX.L)

Signature(s): ______________________________________________

Name(s): Bernd Schulte

Position(s): COO


43 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of GESELLSCHAFT FUR ANGEWANDTE MIKRO- UND OPTOELEKTRONIK

MIT BESCHRAENKTERHAFTUNG AMO GmbH (AMO)

Signature(s): ______________________________________________

Name(s): Heinrich Kurz

Position(s): Managing Director


44 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of ALCATEL-LUCENT DEUTSCHLAND AG (ALUD)

Signature(s): ______________________________________________

Name(s): Wilhelm Dresselhaus

Position(s): Chairman of the Board of Management


45 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of AALTO-KORKEAKOULUSAATIO (AALTO)

Signature(s): ______________________________________________

Name(s): Ilkka Niemelä

Position(s): Deputy President


46 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of POLITECNICO DI MILANO (PMI)

Signature(s): ______________________________________________

Name(s): Franco Ciccacci

Position(s): Director of the Department of Physics


47 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITE DES SCIENCES ET TECHNOLOGIES DE LILLE - LILLE I

(UniLille) acting on behalf of the IEMN directed by Mister Lionel Buchaillot

Signature(s): ______________________________________________

Name(s): Philippe Rollet

Position(s): President


48 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (CNRS)

Signature(s): ______________________________________________

Name(s): Gilles Traimond

Position(s): Regional Delegate


49 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of THALES SA (TRT)

Signature(s): ______________________________________________

Name(s): Erik Lansard

Position(s): VP, CEO of Thales Research & Technology - France


50 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITAT AUTÒNOMA DE BARCELONA (UAB)

Signature(s): ______________________________________________

Name(s): Dr. Pilar Dellunde i Clavé

Position(s): Vicerector for Research


51 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of DANMARKS TEKNISKE UNIVERSITET (DTU)

Signature(s): ______________________________________________

Name(s): Claus Nielsen



52 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of NOKIA OYJ (NOKIA OYJ)

Signature(s): ______________________________________________

Name(s): Hannu Kauppinen

Position(s): Vice President

Signature(s): ______________________________________________

Name(s): Tapani Ryhänen

Position(s): Laboratory Director


53 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of STMICROELECTRONICS SRL (ST)

Signature(s): ______________________________________________

Name(s): Pietro Palella

Position(s): CEO STMicroelectronics SRL (Italy)


54 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of TEKNOLOGIAN TUTKIMUSKESKUS VTT (VTT)

Signature(s): ______________________________________________

Name(s): Jyrki Kiihamäki

Position(s): Vice President, Microtechnologies and Electronics


55 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of VARTA MICRO INNOVATION GMBH (VMI)

Signature(s): ______________________________________________

Name(s): Stefan Koller

Position(s): CEO


56 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of Graphenea S.A. (GRAPHENEA)

Signature(s): ______________________________________________

Name(s): Jesus de la Fuente

Position(s): CEO


57 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITE DE STRASBOURG (UdS)

Signature(s): ______________________________________________

Name(s): Alain Beretz



58 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY

OF CAMBRIDGE (UCAM)

Signature(s): ______________________________________________

Name(s): Renata Schaeffer

Position(s): European Policy Manager


59 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of MAX PLANCK GESELLSCHAFT ZUR FOERDERUNG DER

WISSENSCHAFTEN E.V. (MPG)

Signature(s): ______________________________________________

Name(s): Udo Schreiner

Position(s): Head of Administration


60 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of FOUNDATION FOR RESEARCH AND TECHNOLOGY HELLAS (FORTH)

Signature(s): ______________________________________________

Name(s): Costas Galiotis



61 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of AVANZARE INNOVACION TECNOLOGICA SL (AVA)

Signature(s): ______________________________________________

Name(s): Javier Gomez Cordon

Position(s): Financial Manager


62 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of TECHNISCHE UNIVERSITAET HAMBURG-HARBURG (TUHH)

Signature(s): ______________________________________________

Name(s): Stefanie Bollwitt

Position(s): Head of Administrative Unit PV 42


63 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of POLITECNICO DI TORINO (POLITO)

Signature(s): ______________________________________________

Name(s): Guido Saracco

Position(s): Head of Department of Applied Science and Technology


64 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of ALBERT-LUDWIGS-UNIVERSITAET FREIBURG (FMF)

Signature(s): ______________________________________________

Name(s): Klaus-Dieter Dueformantel

Position(s): Head of EU Department


65 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of AIRBUS OPERATIONS SL (AIR)

Signature(s): ______________________________________________

Name(s): Silvia Lazcano Ureña

Position(s): Senior Manager


66 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of TECHNOLOGICAL EDUCATIONAL INSTITUTE OF CRETE (TEIC)

Signature(s): ______________________________________________

Name(s): Evangelos Kapetanakis



67 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY

OF OXFORD (UOXF)

Signature(s): ______________________________________________

Name(s): Dr. Claire Perriton

Position(s): Deputy Head of Research Services, Science Area, University of Oxford


68 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of FONDAZIONE ISTITUTO ITALIANO DI TECNOLOGIA (IIT)

Signature(s): ______________________________________________

Name(s): Roberto Cingolanio

Position(s): Scientific Director


69 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of CENTRO DE INVESTIGACION COOPERATIVADE ENERGIAS

ALTERNATIVAS FUNDACION (CIC)

Signature(s): ______________________________________________

Name(s): Jesús María Goiri Basterra

Position(s): General Director


70 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of REPSOL SA (REPSOL)

Signature(s): ______________________________________________

Name(s): Jesús García San Luis

Position(s): Director of Technology, Advanced Computing & Scientific Relationships


71 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of SABANCI UNIVERSITY (SU)

Signature(s): ______________________________________________

Name(s): A. Nihat Berker


Signature(s): ______________________________________________

Name(s): Haluk Bal

Position(s): Secretary General


72 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UMEA UNIVERSITET (UMEA)

Signature(s): ______________________________________________

Name(s):

Position(s):


73 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of FONDAZIONE BRUNO KESSLER (FBK)

Signature(s): ______________________________________________

Name(s): Massimo Gentili

Position(s): Director of Center for Materials and Microsystems


74 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of TECHNISCHE UNIVERSITAET DRESDEN (TUD)

Signature(s): ______________________________________________

Name(s): Sven Kreigenfeld

Position(s): Head of Unit


75 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of STICHTING KATHOLIEKE UNIVERSITEIT (SKU/RU)

Signature(s): ______________________________________________

Name(s): C.C.A.M. Gielen

Position(s): Dean of Faculty of Science


76 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of THE PROVOST, FELLOWS, FOUNDATION SCHOLARS & THE OTHER

MEMBERS OF BOARD OF THE COLLEGE OF THE HOLY & UNDIVIDED TRINITY OF QUEEN

ELIZABETH NEAR DUBLIN (TCD)

Signature(s): ______________________________________________

Name(s): Mary Tracey

Position(s): Contracts Manager


77 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of LINKOPINGS UNIVERSITET (LiU)

Signature(s): ______________________________________________

Name(s): Kent Waltersson

Position(s): Head of Grants Office


78 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITAET ZUERICH (UZH)

Signature(s): ______________________________________________

Name(s): Daniel Wyler

Position(s): Vice President for Medicine and Science


79 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of TECHNISCHE UNIVERSITAET CHEMNITZ (TUC)

Signature(s): ______________________________________________

Name(s): Eberhard Alles

Position(s): Chancellor


80 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of FRIEDRICH-ALEXANDER-UNIVERSITAT ERLANGEN NURNBERG

(FAU)

Signature(s): ______________________________________________

Name(s): Ulrike Hoffmann

Position(s): Head of European Office


81 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of INSTYTUT TECHNOLOGII MATERIALOW ELEKTRONICZNYCH (ITME)

Signature(s): ______________________________________________

Name(s): Zygmunt Luczynski

Position(s): Director of ITME


82 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITA DEGLI STUDI DI TRIESTE (UniTS)

Signature(s): ______________________________________________

Name(s): Silvano Geremia

Position(s): Director of Department


83 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITAET BREMEN (UniHB)

Signature(s): ______________________________________________

Name(s): Martin Mehrtens

Position(s): Chief Financial Officer


84 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSIDAD DE CASTILLA - LA MANCHA (UCLM)

Signature(s): ______________________________________________

Name(s): José Julián Garde López-Brea

Position(s): Vice-Chancellor for Research and Scientific Policy


85 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of KAROLINSKA INSTITUTET (KI) Due to its internal organisation, KI has more than one authorised signatory, all of which must sign on behalf of the university. Signature(s): ______________________________________________

Name(s): Björn Kull

Position(s): Head of Grants Office

OR

Signature(s): ______________________________________________

Name(s): Eva Björndal

Position(s): Compliance Coordinator, Grants Office

Signature(s): ______________________________________________

Name Anders Ahlbom

Title Head of Institute of Environmental Medicine (In Swedish: Institutet för miljömedicin)

I acknowledge that I have read and agree to be bound by the above terms and conditions and I undertake to ensure that all personnel working in the Project will be aware of and accept all terms and conditions of this agreement.

Signature(s): ______________________________________________

Name Bengt Fadeel

Title Principal Investigator Institute of Environmental Medicine (In Swedish: Institutet för miljömedicin)


86 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of EIDGENOESSISCHE MATERIALPRUEFUNGS- UND

FORSCHUNGSANSTALT (EMPA)

Signature(s): ______________________________________________

Name(s): Peter Wick

Position(s): Head of Lab Materials-Biology Interactions

Signature(s): ______________________________________________

Name(s): Marlen Müller

Position(s): Head of Technology Transfer and Legal


87 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITY COLLEGE DUBLIN, NATIONAL UNIVERSITY OF

IRELAND, DUBLIN (UCD)

Signature(s): ______________________________________________

Name(s): Donal Doolan

Position(s): Head of Financial Management


88 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITE DE GENEVE (UNIGE)

Signature(s): ______________________________________________

Name(s): Guillemette Bolens / Alberto Morpurgo

Position(s): Vice Rector / Professor


89 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of TECHNISCHE UNIVERSITEIT DELFT (TUDelft)

Signature(s): ______________________________________________

Name(s): Tim Van der Hagen

Position(s): Dean


90 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of EIDGENOESSISCHE TECHNISCHE HOCHSCHULE ZURICH

(ETH Zurich)

Signature(s): ______________________________________________

Name(s): Roland Siegwart

Position(s): Vice President Research and Corporate Relations


91 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of NPL MANAGEMENT LIMITED (NPL)

Signature(s): ______________________________________________

Name(s): Dennis Yates

Position(s): Director, Infrastructure & Support Services


92 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of OXFORD INSTRUMENTS NANOTECHNOLOGY TOOLS LIMITED

(OXINT)

Signature(s): ______________________________________________

Name(s): Matthew Dawson Bowman

Position(s): Finance Director


93 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of LANCASTER UNIVERSITY (ULANC)

Signature(s): ______________________________________________

Name(s): Roderick O'Brien

Position(s): Director of Research & Enterprise Services Division


94 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSITAET HAMBURG (UHAM)

Signature(s): ______________________________________________

Name(s): Frank Benitsch / Dr Harald Schlüter

Position(s): Head of Third-Party Funds Department / Head of Research Department


95 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of NOKIA UK LIMITED (NOKIA.UKL)

Signature(s): ______________________________________________

Name(s): Jarkko Airamaa

Position(s): Senior Legal Counsel, Legal & IP, Director

Signature(s): ______________________________________________

Name(s): Gareth Holton

Position(s): Director, F&C


96 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of FONDATION EUROPEENNE DE LA SCIENCE (ESF)

Signature(s): ______________________________________________

Name(s): Martin Hynes

Position(s): Chief Executive, CEO


97 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of STIFTELSEN CHALMERS INDUSTRITEKNIK (CIT)

Signature(s): ______________________________________________

Name(s): Fredrik Hörstedt

Position(s): CEO


98 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of GRUPO ANTOLIN-INGENIERIA SA (ANTOLIN)

Signature(s): ______________________________________________

Name(s): Jose Manuel Temiño Estefania

Position(s): Attorney


99 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of FUNDACIO INSTITUT DE CIENCIES FOTONIQUES (ICFO)

Signature(s): ______________________________________________

Name(s): Lluis Torner



100 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of TECHNISCHE UNIVERSITAET WIEN (TU-Wien)

Signature(s): ______________________________________________

Name(s): Karl Unterrainer

Position(s): Head of Institute


101 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of Asociacion - Centro de Investigacion Cooperativa en Nanociencias – CIC

NANOGUNE (NanoGune)

Signature(s): ______________________________________________

Name(s): José María Pitarke



102 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of PHILIPS TECHNOLOGIE GMBH (PDPC)

Signature(s): ______________________________________________

Name(s): Rob Ballizany

Position(s): General Manager Digital Photon Counting


103 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of UNIVERSIDADE DO MINHO (UMINHO)

Signature(s): ______________________________________________

Name(s): Rui Castro

Position(s): Vice Rector


104 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of PANEPISTIMIO IOANNINON (UOI)

Signature(s): ______________________________________________

Name(s): Isaac Lagaris

Position(s): Vice Rector and Chairman of the Research Committee


105 (139)


Signature(s): ______________________________________________



Authorised to sign on behalf of PHILIPS ELECTRONICS NEDERLAND B.V. (PRE)

Signature(s): ______________________________________________

Name(s): Jeroen Sluijter

Position(s): Division Head


106 (139)

[Attachment 1: Background included]

Access Rights to Background made available to the Parties:

4. AGENCIA ESTATAL CONSEJO SUPERIOR DE INVESTIGACIONES CIENTÍFICAS (CSIC). CSIC Background included: CSIC agrees to grant Access rights to the Background directly generated or accumulated by their research team directly participating in the Project subject to the provisions of the Grant Agreement and Section 9 and Attachment 2 of this Consortium Agreement. For the avoidance of doubt, the Background mentioned above is the following: Theoretical work on Graphene and other 2D systems Strain effects, gauge fields, deformations, vacancies, defects, topological insulating phases, renormalization group aspects in graphene. Calculation of electronic properties of superlattices that combine graphene with other two dimensional materials in heterostructures. Study of the vertical tunneling in these heterostructures. Study of Moire structures. Theory on the plasmon dispersion in graphene ribbons and graphene based heterostrucures. Theory on the external control of spin-orbit coupling in carbon based materials. Study of the energy gap in graphene as function of curvature and exchange fields. Theory on the electromagnetic properties of structures containing graphene. This includes both finite and periodic systems, and both in the linear and non-linear regimes. The expertise includes the computation of electromagnetic fields via the solution of (i) on-shell integral equations both in real and Fourier space (with both commercial and home-made computer codes) and (ii) home-made frequency-domain (finite difference time domain) codes. Background on surface growth and characterization techniques. UHV thermal decomposition, CVD and CVD plasma assisted. Optical spectroscopies (10K to 600K) in graphene, graphene oxide and related materials. Micro-Raman and micro-photoluminescence, FTIR, UV-Vis-IR transmittance and reflectance. Reduction processes of graphene oxide. Electronic transport. Magnetic properties of carbonous materials. SPM characterization of bidimensional materials. Any Background other than the aforesaid Background is hereby excluded. 5. UNIVERSITAET BASEL (UBAS) The Universitaet Basel (UBAS) hereby makes available Access Rights to all Background generated by the research group of Prof. Christian Schoenenberger, other than such Background that has been and/or will be created and developed by personnel and/or scientists and/or students at UBas not directly involved in the Project as well as Background that has been, and/or will be derived outside the Project and/or which UBAS due to third party rights is not able to grant access rights to. 8. UNIVERSITE CATHOLIQUE DE LOUVAIN (UCdL) Background and know-how generated by the members of the research group of Prof. J.-C. Charlier which is directly involved in carrying out the Project as far as needed to duly perform the work in the project and subject to third party’s rights. This represents the status at the time of signature of this Consortium Agreement.


107 (139)

11. COMMISSARIAT A L’ENERGIE ATOMIQUE ET AUX ENERGIES ALTERNATIVES (CEA) CEA’s Background included: - Simulation of electronic band structure properties of graphene or magnetic materials from first principles

(using open or commercialized codes). - Spin dependent transport properties using ab-initio and tight-binding approaches (using open or

commercialized codes). - Simulation of spintronic phenomena (magnetoresistance, spin transfer, exchange coupling, magnetic

anisotropy, spin Hall, spin Seebeck, spin Peltier etc.) in graphene based structures (using open or commercialized codes).

- Simulation of magnetization dynamics properties (using open or commercialized codes) - Know-how on CIGS and CZTS solar cell and module fabrication - Know-how relative to the chemical reduction process of graphene compatible with Li-rich lamellar oxides

for battery application.Formulation of inks based on organic and inorganic semiconductors 17. UNIVERSITE DES SCIENCES ET TECHNOLOGIES DE LILLE - LILLE I (UniLille) UniLille background included - Graphene nanoribbons FET devices - High frequency characterization of GFET on rigid and flexible substrates - Extraction of small signal equivalent circuit of GFET - High frequency circuit design

18. CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (CNRS): CNRS Background included: For ICT Laboratory - Manipulation of carbon nanomaterials (carbon nanotubes, fullerenes, carbon nanohorns, graphene) to

improve their dispersibility/solubility into different types of organic and aqueous solvents - Oxidation of carbon nanomaterials using strong acid conditions - Modulation of the dimensions of carbon nanomaterials for integration into cells and organs - Mono-functionalization of carbon nanomaterials using different synthetic strategies - Multi-functionalization of carbon nanomaterials with targeting agents, fluorescent probes, chelating

agents for radionuclides, therapeutic molecules - Peptide synthesis - Protocols of purification of carbon nanomaterials before and after functionalization - Characterization of carbon nanomaterials using spectroscopic and microscopic techniques (i.e. Raman

spectroscopy, thermogravimetric analysis, transmission electron microscopy, atomic force microscopy, etc.)

- Identification and quantification of the functional groups on the surface of carbon nanomaterials - Analysis of cell penetration of carbon nanomaterials - Subcellular localization using microscopy techniques and florescent spectroscopy - Mechanisms of cell uptake - Evaluation of biocompatibility of carbon nanomaterials in vitro (i.e. cytotoxicity, oxidative stress,

inflammatory cytokines, depolarization of mitochondrial membrane, etc.) - Characterization of cell phenotypes using flow cytometry, ELISA test, etc. - Measurements of the ligand/receptor interactions using surface plasmon resonance (SPR, Biacore

technology) - In vivo administration of carbon nanomaterials using mice or rat models (i.e. intravenous, subcutaneous) - Biocompatibility of carbon nanomaterials in vivo measuring blood biochemical parameters, survival and

organ integrity


108 (139)

For LNCMI Institut Néel - Optical magneto-spectroscopy: FIR transmission and micro-Raman scattering - Electronic transport including low temperatures - Ultra high vacuum STM/STS (atomic scale resolution) - Surface structure of two-dimensional epitaxial graphene.

For CIRIMAT Laboratory - E. Flahaut, Ch. Vieu, F. Seichepine, A. Beduer, FR N°11 00934 (CNRS), "Procédé de formation de

motifs d'objets sur la surface d'un substrat" (Process for the formation of patterns of objects on the surface of a substrate), deposited by CNRS in 2011.

For IMPMC Laboratory - Prediction of properties of materials by first-principles electronic structure methods. - Simulation of spectroscopy data (Raman, IR, Xanes, Arpes). - Vibrational and electronic properties. - Electron-phonon and phonon-phonon interaction. - Kohn anomalies and charge density waves in 2D materials. - Phonon mediated superconductivity. - Simulation of thermal and electrical transport. - Simulation of 2D materials in field effect transistors. - Edge chemistry and functionalization of graphene. - Characterisation of defect in graphene and 2D materials. - Graphene/ surface interaction. - 2D materials beyond graphene. - Graphene/BN hetero-structures.

19. THALES SA (TRT) Process of fabrication of electrodes using a dynamic spray-gun deposition method. 20. UNIVERSITAT AUTÒNOMA DE BARCELONA (UAB) UAB makes available all background generated during the project Graphene and in relation with the project objectives owned and/or created by Prof. David Jiménez and by UAB's employees, agents and/or representatives that are directly involved in the project with the exceptions specified in Attachment 2. 21. DANMARKS TEKNISKE UNIVERSITET (DTU) The Background which would be available to Project partners, where ‘needed’ for Project purposes, shall be the information, results, technology, confidential know-how or intellectual property rights generated by either Professor Antti-Pekka Jauho or Associate Professor Peter Bøggild of the Department of Micro- and Nanotechnology at DTU or members of their research teams. This Background will be made available, when not subject to a valid obligation of non-disclosure. The included background: - Nanopatterning of graphene using electron beam lithography - Electronic transport at low or room temperatures

31. AVANZARE INNOVACION TECNOLOGICA SL (AVA) Background is restricted to the Background that the research group participating in the GRAPHENE Flagship project, which will bring to the project all his Background which is public domain and his Background which is not subject to third party rights.


109 (139)

32. TECHNISCHE UNIVERSITAET HAMBURG-HARBURG (TUHH) TUHH includes: Samples of Aerographit material, according to Partners’ needs and TUHH’s capacities. 39. CENTRO DE INVESTIGACION COOPERATIVADE ENERGIAS ALTERNATIVAS FUNDACION (CIC) Background is restricted to the Background that the research group participating in the GRAPHENE Flagship project, which will bring to the project all his Background which is public domain and his Background which is not subject to third party rights. 44. TECHNISCHE UNIVERSITAET DRESDEN (TUD) TUD grants Access Rights to only that Background which has been generated by the TUD research group of Prof. Seifert involved in the Project and which is directly needed to carry out the Project; provided, however, that such Access Rights are granted only if TUD ability to grant such Access Rights is not restrict by third party rights. Further, Access Rights will only be provided upon written request if needed for the Project, and may be subject to special conditions (i.e., Material Transfer Agreement, Confidential Disclosure Agreement, etc.). 45. STICHTING KATHOLIEKE UNIVERSITEIT more particularly RADBOUD UNIVERSITY NIJMEGEN

(SKU/RU) SKU/RU grants Access rights to all Background which has been accumulated in the field of the Project ànd which has been developed by personnel of the specific research group directly involved in carrying out the Project (i.c. the Department of Theory of Condensed Matter headed by Prof. dr. M.I. Katsnelson (of the Institute for Molecules and Materials)). Access to certain Background and/or Material may be subject to special conditions (MTA, terms of use, etc.). 46. THE PROVOST, FELLOWS, FOUNDATION SCHOLARS & THE OTHER MEMBERS OF BOARD OF

THE COLLEGE OF THE HOLY & UNDIVIDED TRINITY OF QUEEN ELIZABETH NEAR DUBLIN (TCD)

For the avoidance of doubt, The Provost, Fellows, Foundation Scholars, and the other members of Board, of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin (“TCD”) excludes from its obligations to grant Access Rights to Background, all Background owned and developed by TCD except that developed by Professor Jonathan Coleman and his research group in the School of Physics, TCD which relates directly to the GRAPHENE project. 48. UNIVERSITAET ZUERICH (UZH) The Universitaet Zuerich (UZH) herby makes available Access Rights to all Background generated by the research group of Prof. Thomas Greber, other than such Background that has been and/or will be created and developed by personnel and/or scientists and/or students at UZH not directly involved in the Project as well as Background that has been, and/or will be derived outside the Project and/or which UZH due to third party rights is not able to grant access rights to.


110 (139)

49. TECHNISCHE UNIVERSITAET CHEMNITZ (TUC) TUC states hereby that in the event that TUC should make available Background, this shall be only the Background generated or accumulated by the TUC Research Group directly participating in the Project provided it is Needed under the terms of this Consortium Agreement or the Grant Agreement. Consequently, all and any Background from TUC other than the aforementioned Background is hereby excluded. 55. KAROLINSKA INSTITUTET (KI) Karolinska Institutet will only make available the Background generated by the Bengt Fadeel, Institute of Environmental Medicine other than such Background that has been created and developed by personnel and/or scientists and/or students at Karolinska Institutet not directly involved in the Project as well as Background that has been derived outside the Project and which Karolinska Institutet due to third party rights is not able to grant access rights to. 58. UNIVERSITE DE GENEVE (UNIGE) For Universite de Geneve (UNIGE) none. 59. TECHNISCHE UNIVERSITEIT DELFT (TUDelft) All Background needed for the implementation of the GRAPHENE Project to the extent generated by the members of the Research Groups of Prof. Dr. Herre van der Zant, Prof. Dr. Lieven Vandersypen, and Prof. Dr. Cees Dekker (departments of Quantum NanoScience and BionanoScience/ Faculty of Applied Sciences) which are directly involved in the Project, and which the TU Delft, due to third party rights, is able to grant access rights to. 60. EIDGENOESSISCHE TECHNISCHE HOCHSCHULE ZURICH (”ETH”)

The Eidgenössische Technische Hochschule Zürich (ETH Zurich) herby makes available Access Rights to all Background generated by the research group of Prof. Ensslin, other than such Background that has been and/or will be created and developed by personnel and/or scientists and/or students at ETH Zurich not directly involved in the Project as well as Background that has been, and/or will be derived outside the Project and/or which ETH Zurich due to third party rights is not able to grant access rights to. 69. FUNDACIÓ INSTITUT DE CIENCIES FOTÓNICAS (ICFO) ICFO makes available all Background owned ICFO which is created during the project by ICFO employees, agents and representatives that are directly involved in the Project with the exceptions specified in Attachment 2. 70. TECHNISCHE UNIVERITAET WIEN (TU-Wien) TUW includes the Background that was derived within Photonics Institute E387, by researchers directly involved in the Project. This Background includes results on Graphene optoelectronics and spectroscopy.


111 (139)

71. ASOCIACION CENTRO DE INVESTIGACIÓN COOPERATIVA EN NANOCIENCIAS - CIC NANOGUNE (NanoGune) - infrared scattering-type scanning near-field optical microscopy (IR s-SNOM) - IR s-SNOM of graphene and particularly graphene plasmons - infrared nanospectroscopy (nano-FTIR) - chemical and structural mapping by IR s-SNOM - mapping near-field distributions of plasmonic antennas with IR s-SNOM 74. PANEPISTIMIO IOANNINNON (UOI) The University of Ioannina (UOI) grants Access Rights to all Background generated and developed by Professor Elefterios Lidorikis and his research group in the Department of Materials Science and Engineering - UOI, directly relating to the GRAPHENE project. Any other background is hereby excluded. This represents the status at the time of signature of this Consortium Agreement.


112 (139)

[Attachment 2: Background excluded]

Background excluded from Access Rights: 1. CHALMERS TEKNISKA HOEGSKOLA AB (CUT): CUT hereby informs, in accordance with the Grant Agreement Annex II, article II.33.2, that the following information is excluded: - all Background generated by personnel, scientists or students at Chalmers other than that generated

within the research groups of Prof. Herbert Zirath, Prof. Jan Stake and Prof. Sergey Kubatkin of the Department of Microtechnology and Nanoscience and the research group of Prof. Jari Kinaret of the Department of Applied Physics.

- all Background which CUT, due to existing or pending third party rights, is unable to grant Access Rights to.

2. CONSIGLIO NAZIONALE DELLE RICERCHE (CNR) Hereby excludes from its obligation to grant Access Rights the following Background: - Background developed by researchers working in the laboratories of Consiglio Nazionale delle Ricerche

not participating in the GRAPHENE project. 3. RIJKSUNIVERSITEIT GRONINGEN (RUG) The Rijksuniversiteit Groningen hereby excludes from its obligations to grant Access Rights. - all Background generated by scientists and/or students other than by the members of the research team

of prof.dr.ir. B.J. van Wees - all Background that has been created or obtained outside the scope and field of this Project, and - all Background to which the Rijksuniversiteit Groningen is not able to grant access rights due to third

party rights. 4. AGENCIA ESTATAL CONSEJO SUPERIOR DE INVESTIGACIONES CIENTÍFICAS (CSIC): CSIC hereby excludes from its obligation to grant Access Rights to Background: - all Background generated by personnel, scientists or students at CSIC other than those directly involved

in the Project; - all Background generated by personnel, scientists or students at CSIC that are directly involved in the

Project, which is outside the scope of the tasks to be performed by CSIC according to Annex I to the Grant Agreement;

- all Background which CSIC, due to existing, pending or future third party rights, is unable to grant access rights to or for which the CSIC needs to get permission to grant Access Rights;

- all Background which was funded in full or in part by third parties, or which was generated in collaboration with third parties, or which is otherwise subject to a third party agreement, including but not limited to confidentiality agreements, or Background which CSIC is not free to provide.

- any know-how in patents, current and future patent applications filed in the name of CSIC.


113 (139)

5. UNIVERSITAET BASEL (UBAS) Background of UNIVERSITAET BASEL excluded from Access Rights: - Background developed by scientists not participating in the Project; - Background developed by scientists participating in the Project which is outside the scope of the Project; - all Background in patents and current patent applications; - all Background that is covered under other specific research agreements and confidentiality agreements

and therefore subject to third party rights. 6. THE UNIVERSITY OF MANCHESTER (UNIMAN) UNIMAN hereby informs, in accordance with the Grant Agreement Annex II, article II.33.2, that the following information is excluded: - all Background generated by current or former employees of, or students at, UNIMAN and all individuals

who have either assigned Intellectual Property Rights to UNIMAN or are subject to its Intellectual Property Policy (“Relevant Individuals”), other than those directly involved in the GRAPHENE Project;

- all Background generated by Relevant Individuals that are directly involved in the GRAPHENE Project, which is outside the scope of the tasks to be performed by UNIMAN according to the Consortium Plan of the GRAPHENE Project;

- all Background which UNIMAN, due to existing or pending third party rights, is unable to grant Access Rights to; and

- all registered and registrable Intellectual Property Rights in relation to which applications were filed by or on behalf of UNIMAN on or before the date of execution of this Consortium Agreement, whether or not arising from research carried out by Relevant Individuals that are directly involved in the GRAPHENE Project.

8. UNIVERSITE CATHOLIQUE DE LOUVAIN (UCdL) UCL excludes all background owned or generated by any other research team than the research team of Prof. J.- C. Charlier directly involved with the project. 9. UNIVERSITAET REGENSBURG (UREG) The Universitaet Regensburg (UREG) hereby excludes from its obligation to grant Access Rights to Background all Background owned and developed by UREG that has been or will be developed outside the Project and Background which UREG due to third party rights is not able to grant access rights to. 10. RHEINISCH-WESTFAELISCHE TECHNISCHE HOCHSCHULE AACHEN (RWTH) RWTH Aachen herby excludes from its obligation to grant Access Rights to Background all Background generated by RWTH Aachen other than that generated by RWTH Aachen´s personnel which is directly involved in carrying out the Project. RWTH Aachen also hereby excludes specifically from its obligation to grant Access Rights to Background to the following: all data, methodologies, know-how, Databases and software not generated through the direct participation in the project or which RWTH Aachen is not free to provide. 11. COMMISSARIAT À L´ÉNERGI ATOMIQUE ET AUX ÉNERGIES ALTERNATIVES (CEA) CEA excludes from its obligation to grant Access Rights to Background all Background owned and developed by CEA outside the Project/ Flagship not listed in Attachment 1, even if such Background is about graphene (notably all background and results from the Neurocare Project).


114 (139)

12. AIXTRON LIMITED (AIX.L): AIXTRON will exclude all IP and know how in CVD technology. 13. GESELLSCHAFT FUR ANGEWANDTE MIKRO- UND OPTOELEKTRONIK MIT

BESCHRAENKTERHAFTUNG AMO GmbH (AMO) AMO GmbH hereby excludes from its obligations to grant Access Rights to: - all Background generated by scientists and/or technicians other than by the members of the research

team Graphene - all Background that has been created or obtained outside the scope and field of this Project, and - all Background to which AMO GmbH is not able to grant access rights due to third party rights. 14. ALCATEL LUCENT DEUTSCHLAND AG (ALUD) Alcatel Lucent Deutschland AG excludes all Background not owned by it as well as any Background which it has not itself introduced into the Project at its sole discretion for use in execution of the Project. 15. AALTO-KORKEAKOULUSÄÄTIÖ (AALTO) - all materials, software, results, data, tests and information from other departments and laboratories of

Aalto University than the ones involved in the GRAPHENE project are fully excluded and no Access Rights are granted

- all commercial and third party software is excluded and no Access Rights are granted - any Background which has been developed by researchers who do not participate in GRAPHENE are

excluded and no Access Rights are granted. 17. UNIVERSITE DES SCIENCES ET TECHNOLOGIES DE LILLE - LILLE I (UniLille) UniLille excludes all Background generated by UniLille not participating in the Project. - Background developed by personnel, scientist or students at UniLille participating in the Project, which

is outside the scope of the Project - Background developed on graphene synthesis.

This includes; - SiC graphitization in UHV chamber - Epitaxial growth of graphene on SiC substrate

19. THALES SA (TRT) THALES excludes from its obligation to grant Access Rights any Background not listed in Attachment 1, even if such Background is about graphene.


115 (139)

20. UNIVERSITAT AUTÒNOMA DE BARCELONA (UAB) UAB in accordance with the Grant Agreement Annex II, Section II Access Rights, excludes from its obligations to grant Access Rights to: - all Background that has been created or obtained outside the scope and field of Graphene Project - all Background related to the project Graphene generated by scientists and/or students and/or people

other than by the members of the research team of Prof. David Jiménez - all Background that is covered under other specific research agreements and confidentiality agreements

and therefore subject to third party rights - all Background to which UAB due to existing or pending third party rights, is unable to grant Access

Rights - any know-how in present or future patents and patents applications 21. DANMARKS TEKNISKE UNIVERSITET (DTU) DTU hereby excludes from its obligation to grant access rights to all Background generated by DTU other than that generated by Peter Bøggild and Antti-Pekka Jauho of the DTU Nanotech, Department of Micro- and Nanotechnology, or members of their research teams. DTU also hereby excludes specifically from its obligation to grant access rights to the following Background: - all data, materials, methodologies and know-how not generated through the direct participation in the

Project or which DTU is not free to provide. - databases and software not generated through the direct participation in the Project or which DTU is not

free to provide. - all Background resulting from research carried out by Peter Bøggild and Antti-Pekka Jauho of the

Department of Micro- and Nanotechnology or members of their research teams which was funded in full or in part by industrial, charitable and government sponsors and access to which DTU is not free to provide.

Excluded background in particular: Block copolymer lithography technique developed by Prof K. Almdal, S. N’Doni and P. Boggild, graphene transfer procedure developed by F. Pizzocchero funded by G-MOL, and micro four point probe Conductance mapping developed by D. H. Petersen and CAPRES A/S, and THZ-TDS conductance mapping developed by P. U. Jepsen of DTU Fotonik. DTU also hereby excludes from its obligation to grant access rights to Background that has been and/or will be derived outside the Project which DTU, due to third party rights, is not able to grant access rights to, or for whom DTU needs to get permission to grant access rights. 22. NOKIA OYJ (NOKIA.OYJ) Nokia hereby excludes from its obligation to grant access rights: - Background that is necessarily infringed by implementing a standard; - Background for which the grant of a license would require the consent of or compensation to a third party; - Background that is jointly owned with a third party to the extent that the participant has no free right to grant licenses to third parties; -Background that is part of Nokia’s licensing programmes. License may be provided however, on the conditions of the respective licensing program. Furthermore, Nokia explicitly excludes from its obligation to grant access right information other than Foreground developed or otherwise acquired after entering into the GA, as well as copyright or other IPRs pertaining to such information.


116 (139)

27. UNIVERSITE DE STRASBOURG (UdS) - UdS excludes all Background deriving from research groups, departments and/or institutes of UdS other

than UMR 7006, - UdS excludes all pre-existing know-how that has been created and developed by personnel and/or

scientists and/or students of the UMR 7006 who are not directly involved in the Project. - UdS excludes all Background, pre-existing know-how that had been created and developed by

personnel and/or scientists and/or students of the UMR 7006 who are directly involved in the Project but which UdS is not able to grant access to, due to existing contractual obligations and/or third party rights.

28. THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF CAMBRIDGE (UCAM) The University of Cambridge hereby excludes all Background of its participating institutes or organisation, included but not limited to: - all Background developed by University of Cambridge researchers not participating in the Project. - all Background developed by University of Cambridge researchers participating in the Project which is

outside the scope of the work allocated to the University of Cambridge under the Project. 29. MAX PLANCK GESELLSCHAFT ZUR FOERDERUNG DER WISSENSCHAFTEN E.V. (MPG):

MPG hereby excludes all Background generated by MPG other than that generated within the groups of Prof. Klaus Müllen and Dr. Xinliang Feng of the Max Planck Institute for Polymer Research and the groups of Prof. Klaus von Klitzing and Dr. Jürgen Smet of the Max-Planck-Institute for Solid State Research, as well as Background which MPG is not able to grant access to, due to existing third party rights. 31. AVANZARE INNOVACION TECNOLOGICA SL (AVA) AVANZARE will exclude all its IP and know how in the preparation of graphene and its functionalization, production of graphene composites and also the graphene oxide, reduced graphene oxide, production develop previously to the graphene FLAGSHIP. We also exclude: - Background developed by in the project NANOMASTER - Background developed by in the project GRAFENPLAST - all know-how in patents and current patents applications. - any unpublished work that has been carried out which is not already in the public domain. - know-how that is covered under specific research agreements and confidentiality agreements and

therefore subject to third party rights. 32. TECHNISCHE UNIVERSITAET HAMBURG-HARBURG (TUHH) TUHH excludes: Patents, patent applications, utility models for the production of Aerographite material.


117 (139)

37. THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF OXFORD (UOXF) The University of Oxford hereby excludes from its obligation to grant Access Rights to Background all Background generated by the University other than that generated by the members of the research group of Dr Feliciano Giustino in the Department of Materials are directly involved in carrying out the Project. The University of Oxford also hereby excludes specifically from its obligation to grant Access Rights to Background to the following Background: - all data, materials including biological samples, methodologies and know-how not generated through the

direct participation in the Project or which the University of Oxford is not free to provide - databases and software not generated through the direct participation in the Project or which the

University of Oxford is not free to provide - all Background resulting from research carried out by Dr Giustino and his team which was funded in full

or in part by industrial, charitable, military or government sponsors. The University of Oxford also hereby excludes from its obligation to grant Access Rights to Background all Background that has been and/or will be derived outside the Project and to which the University of Oxford due to third party rights is not able to grant Access rights or for which the University of Oxford needs to obtain permission to grant Access Rights. 39. CENTRO DE INVESTIGACION COOPERATIVADE ENERGIAS ALTERNATIVAS FUNDACION (CIC) Background is restricted to the Background that the research group participating in the GRAPHENE Flagship project, which will bring to the project all his Background which is public domain and his Background which is not subject to third party rights. We exclude: - Background developed by scientists not participating in the GRAPHENE Flagship FP7 project belonging

to CIC energiGUNE. - Background developed by the scientists participating in the GRAPHENE Flagship FP7 project which is

outside the scope of the GRAPHENE Flagship project. - all know-how in patents and current patents applications. - any unpublished work that has been carried out which is not already in the public domain. - know-how that is covered under specific research agreements and confidentiality agreements and

therefore subject to third party rights. 42. UMEÅ UNIVERSITET (UMEA) Umeå universitet excludes the following Background from Access Rights; - all Background and/or material deriving from research groups, departments and/or institutes of Umeå

universitet which is not relevant to and Needed for the GRAPHENE project; - all Background that has been and/or will be created and developed by personnel and/or scientists

and/or students at Umeå universitet not directly involved in the GRAPHENE project; - all Background to which Umeå universitet, due to existing or pending or future third party rights or

contractual obligations, is unable to grant access rights to; - all Background related to existing patents and/or ongoing patent applications.


118 (139)

44. TECHNISCHE UNIVERSITAET DRESDEN (TUD) TUD excludes any Background which has been developed by any personnel, scientists or students other than the members of the research group of Prof. Seifert involved in the Project as specified in the Description of Work (Annex I to the Grant Agreement).

Any Background developed by members of the research group of Prof. Seifert involved in the Project on research topics which are not specifically subject of the Project activities, as described in the Description of Work.

Sideground is not considered part of Background, and is explicitly excluded from Access Rights. Any Background which is legally bound by contract with other third parties or any Background resulting from co-operation agreements/commissioned research. 45. STICHTING KATHOLIEKE UNIVERSITEIT more particularly RADBOUD UNIVERSITY NIJMEGEN

(SKU/RU)

SKU/RU excludes from Access Rights - all Background owned by SKU/RU or in possession by SKU/RU ànd in whole owned by third parties or

in part owned by SKU/RU and third parties. - Background that has been developed by personnel at other sections than the Department of Theory of

Condensed Matter headed by Prof. dr. M.I. Katsnelson (of the Institute for Molecules and Materials) and that is not participating in the Project.

- Background that has been developed by personnel at the Department of Theory of Condensed Matter headed by Prof. dr. M.I. Katsnelson (of the Institute for Molecules and Materials) and that is not participating in the Project.

- Background that has been developed by students at SKU/RU and who are not participating in the Project.

- Background that has been or will be derived outside the Project to which SKU/RU is not able to grant Access Rights due to third party rights.

- all Background which is knowhow in patents and in current applications. - all Background that is unpublished work that has been carried out which is not already in the public

domain. 46. THE PROVOST, FELLOWS, FOUNDATION SCHOLARS & THE OTHER MEMBERS OF BOARD OF

THE COLLEGE OF THE HOLY & UNDIVIDED TRINITY OF QUEEN ELIZABETH NEAR DUBLIN (TCD)

The Provost, Fellows, Foundation Scholars, and the other members of Board, of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin (“TCD”) excludes from its obligations to grant Access Rights to Background, all Background owned and developed by TCD except that developed by Professor Jonathan Coleman and his research group in the School of Physics, TCD which relates directly to the GRAPHENE project. 47. LINKOPINGS UNIVERSITET (LiU) Background excluded from the Project: - all Background developed by personnel, scientists or students at LiU not participating in the Project - all Background developed by personnel, scientists or students at LiU participating in the Project which

is outside the scope of the Project. - all Background in patents and current patent applications. - any unpublished work that we want to publish before disclosure to the project. - all Background that is covered under other specific research agreements and confidentiality agreements

and therefore subject to third party rights.


119 (139)

48. UNIVERSITAET ZUERICH (UZH) Background of UNIVERSITAET ZUERICH excluded from Access Rights: - Background developed by scientists not participating in the Project; - Background developed by scientists participating in the Project which is outside the scope of the Project; - All Background in patents and current patent applications; - All Background that is covered under other specific research agreements and confidentiality agreements and therefore subject to third party rights. 49. TECHNISCHE UNIVERSITAET CHEMNITZ (TUC) TUC excludes explicitly from granting Access Rights all Background matters (especially but not limited to all kinds of intellectual property rights, data, methodologies, know-how, database, and software) of the TUC which is not generated or not held by the research team of TUC directly participating in the project or which is outside the scope of the project. TUC also excludes explicitly from granting Access Rights all Background that is subject to prior commitments with third parties where such commitments would prevent TUC from granting Access Rights or make Background available under the Grant Agreement or this Consortium Agreement. TUC also excludes explicitly from granting Access Rights all Background generated by personnel or scientists from TUC - research group that are directly involved in the Project, which is outside the scope of the tasks to be performed by TU Chemnitz. 50. FRIEDRICH-ALEXANDER-UNIVERSITÄT ERLANGEN-NÜRNBERG (FAU) FAU hereby excludes from its obligation to grant Access Rights to Background all Background generated by the FAU, other than that generated by the members/employees of the research group of Prof. Dr. Andreas Hirsch which are directly involved in carrying out the Project FET Flagship Graphene. FAU excludes all Background that is outside the scope of the project FET Flagship Graphene. Furthermore FAU excludes all background that is covered under specific agreements (including but not limited to research agreements, first option license agreements, and confidentiality agreements) which is subject to third party rights and therefore would prevent FAU from granting Access Rights. 51. INSTYTUT TECHNOLOGII MATERIAŁÓW ELEKTRONICZNYCH (ITME): Background excluded from the project: - all Background generated by the employees of ITME not taking part in the Project, including scientists,

students and other personnel, - all Background exceeding the scope of the Project, - all previously awarded patents and patents pending, - all Background that will be made public before launching the Project, - all Background subject to third party rights. 53. UNIVERSITAET BREMEN (UniHB) Universitaet Bremen hereby informs, in accordance with the Grant Agreement article II.33.2, that the following information is excluded: - all Background generated by personnel, scientists or students at Universitaet Bremen other than those

directly involved in the Project; - all Background generated by personnel, scientists or students at Universitaet Bremen that are directly

involved in the GRAPHENE Project, which is outside the scope of the tasks to be performed by Universitaet Bremen according to the Consortium Plan of the GRAPHENE Project;

- all Background which Universitaet Bremen, due to existing or pending third party rights, is unable to grant access rights to.


120 (139)

55. KAROLINSKA INSTITUTET (KI) Karolinska Institutet hereby excludes specifically from its obligation to grant Access Rights to the Background, all Background which was not generated by the research group led by Bengt Fadeel, Institute of Environmental Medicine. Furthermore excluded is Background, which is; - a result from other projects of the above research groups; - generated by individuals of a Party that are directly involved in the project, but which is unrelated to the

work plan, aims and objectives of the project; - in all know-how in patents and current patents applications; - in any unpublished work the Party wants to publish before disclosure to the Consortium;and - subject to specific research agreements and confidentiality agreements and therefore subject to third

party rights; - all other background which the Party, due to third party rights, is unable to grant access rights to. For the avoidance of doubt, all materials, software, results, data and tests from other research groups and of Karolinska Institutet are fully excluded and no Access Rights are granted. 56. EIDGENOESSISCHE MATERIALPRUEFUNGS- UND FORSCHUNGSANSTALT (EMPA) Any Pre-Existing Know-How of EMPA about (i) materials, (ii) process, (iii) modelling, (iv) design and (v) manufacturing methods and tools generated by the Section Materials-Biology Interactions that is not in the public as well as any proprietary information in EMPA´s business and related market domain is expressly excluded. This refers in particular to knowledge generated within other EU-funded or national-funded R&D projects, knowledge generated within industry-funded collaborations (research and services) that are not part of the network and knowledge that is confidential due to other reasons. 57. UNIVERSITY COLLEGE DUBLIN, NATIONAL UNIVERSITY OF IRELAND, DUBLIN (UCD) That UCD specifically excludes the granting of access rights to the following: - UCD background created by UCD researchers not participating in the Project; - UCD background created by researchers participating in the Project but in parallel with the Project and

outside the scope of the Project; - UCD background to which UCD is prohibited to grant access or otherwise make available due to

contractual obligations. 58. UNIVERSITE DE GENEVE (UNIGE): The University de Geneva (UNIGE) hereby excludes the following Background: - all Background generated by employees, agents or representatives of UNIGE, other than the research

team of Prof. Alberto Morpurgo and Dr. Alexey Kuzmenko of the Physics Department, who are directly involved in the Project.

- all Background generated by employees, agents or representatives of UNIGE that are directly involved in the Project, which is unrelated to the work plan, aims and objectives of the Project.

- all Background which UNIGE, due to third Party rights, is unable to grant Access Rights to. - all Background in patents and current patent applications owned by UNIGE. - all UNIGE proprietary materials and software whether covered by patents or not.


121 (139)

60. EIDGENOESSISCHE TECHNISCHE HOCHSCHULE ZURICH (”ETH”) Background of ETH Zurich excluded from Access Rights: - Background developed by scientists not participating in the Project; - Background developed by scientists participating in the Project which is outside the scope of the Project; - All Background in patents and current patent applications; - All Background that is covered under other specific research agreements and confidentiality agreements and therefore subject to third party rights. 68. GRUPO ANTOLIN-INGENIERIA SA (ANTOLIN) ANTOLIN will exclude all its IP and know how in graphene oxide, reduced graphene oxide, graphene and carbon nanofibres production and post-treatment technologies, as well as technologies related to the exfoliation and dispersion of those materials in different solvents, resins, inks, polymers, ceramics and organic materials. 69. FUNDACIÓ INSTITUT DE CIENCIES FOTÓNICAS (ICFO) ICFO specifically excludes from the Access Rights granted under this Consortium Agreement or under the EC-GA: i) all Background developed outside the supervision of Prof. Frank Koppens, Prof. Gerasimos

Konstantatos, Prof. Valerio Pruneri, Prof. Adrian Bachtold, Prof. Darrick Chang and Prof. Javier García de Abajo.

ii) all Background developed under the supervision of Prof. Frank Koppens, Prof. Valerio Pruneri, Prof. Gerasimos Konstantatos, Prof. Adrian Bachtold, Prof. Darrick Chang and Prof. Javier García de Abajo in fields unrelated to the aims and objectives of this Project;

iii) Background developed as a result of third-party funding, where third-party obligations exist; iv) Background which forms the subject of granted patents/patent application; v) all know-how held ICFO employees relating to items i) to iv) above.

Where Background excluded under i) to v) is required, it may in some circumstances be made available subject to the conclusion of successful negotiation between the relevant parties. 70. TECHNISCHE UNIVERITAET WIEN (TU-Wien) TUW excludes all Background derived outside of Photonics Institute E387, or by researchers not directly involved in the Project. In addition, all Background is excluded which, due to confidentiality agreements or other third party rights, TUW is not entitled to grant Access Rights to. TUW will not grant Access Rights to source codes.


122 (139)

71. ASOCIACION CENTRO DE INVESTIGACIÓN COOPERATIVA EN NANOCIENCIAS - CIC NANOGUNE (NanoGune) - all Background and/or material deriving from researchers, research groups, departments or any other

personnel of Asociación Centro de Investigación Cooperativa en Nanociencias – CIC nanoGUNE which is not relevant to or Needed for the Project;

- all Background that has been and/or will be created and developed by personnel, researcher and/or scientists of Asociación Centro de Investigación Cooperativa en Nanociencias – CIC nanoGUNE not directly involved in the Project;

- all Background to which Asociación Centro de Investigación Cooperativa en Nanociencias – CIC nanoGUNE, due to any kind of duty of confidentiality and/or existing or pending third party rights or legal obligations, is unable to grant access rights to;

- all Background related to existing patents and/or ongoing patent applications; - any pre-existing Know-How of Asociación Centro de Investigación Cooperativa en Nanociencias - CIC

nanoGUNE about (i) materials, (ii) processes, (iii) modeling, (iv) designs and (v) manufacturing methods and tools generated by Asociación Centro de Investigación Cooperativa en Nanociencias - CIC nanoGUNE, that is not in the public as well as any proprietary and non-public information of Asociación Centro de Investigación Cooperativa en Nanociencias - CIC nanoGUNE’s business and related market domain. This refers in particular to knowledge generated within other EU-funded or national-funded R&D projects, knowledge generated within industry-funded collaborations (research and services) that are not part of the Project and other knowledge that is confidential due to other reasons.

74. PANEPISTIMIO IOANNINNON (UOI) The University of Ioannina (UOI) excludes from its obligations to grant Access Rights to Background, all Background owned and developed by UOI except that developed by Professor Elefterios Lidorikis and his research group in the Department of Materials Science and Engineering - UOI which relates directly to the GRAPHENE project. 75. PHILIPS ELECTRONICS NEDERLAND B.V. (PRE) Philips herewith explicitly excludes from its obligation to grant access rights: - any and all Background that is necessarily infringed by implementing a standard; - any and all Background for which the grant of a license would require the consent of or compensation to

a third party; - any and all Background that is jointly owned with a third party to the extent that the participant has no

free right to grant licenses to third parties; - any and all background that is part of one of Philips’ licensing programmes. Philips may provide access

rights to said any and all background that is part of one of Philips’ licensing programmes, however, on the conditions of the respective Philips’ licensing program.

Furthermore, Philips explicitly excludes from its obligation to grant access right information other than Foreground developed or otherwise acquired after entering into the GA, as well as copyright or other IPRs pertaining to such information. This represents the status at the time of signature of this Consortium Agreement.


123 (139)

[Attachment 3: Accession document]

ACCESSION

of a new Party to [Acronym of the Project] Consortium Agreement, version […, YYYY-MM-DD] [OFFICIAL NAME OF THE NEW PARTY AS IDENTIFIED IN THE EC-GA] hereby consents to become a Party to the Consortium Agreement identified above and accepts all the rights and obligations of a Party starting [date]. [OFFICIAL NAME OF THE COORDINATOR AS IDENTIFIED IN THE EC-GA] hereby certifies that the Consortium has accepted in the meeting held on [date] the accession of [the name of the new Party] to the Consortium starting [date]. This Accession document has been done in 2 originals to be duly signed by the undersigned authorised representatives. [Date and Place] [INSERT NAME OF THE NEW PARTY] Signature(s) Name(s) Title(s) [Date and Place] [INSERT NAME OF THE COORDINATOR] Signature(s) Name(s) Title(s)


124 (139)

[Attachment 4: List of Affiliated Entities and Third Parties to which

transfer of Foreground is possible without prior notice]

List of Affiliated Entities and Third Parties to which transfer of Foreground is possible without prior notice to the other Parties and for which the other Parties have waived their right to object: 24. TEKNOLOGIAN TUTKIMUSKESKUS VTT (VTT) VTT Ventures Ltd, Business ID 2297523-9, VTT International Ltd, Business ID 2183316-7 VTT Expert Services Ltd, Business ID 2297513-2 28. THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF CAMBRIDGE (UCAM) Cambridge Enterprise Limited (CEL) is a wholly owned subsidiary of the University of Cambridge. CEL is responsible for exploiting University of Cambridge intellectual property including the licensing of its Background and Foreground. Any request for access to University of Cambridge intellectual property in connection with the Project must be directed to: Cambridge Enterprise Limited University of Cambridge Hauser Forum 3 Charles Babbage Road Cambridge CB3 0GT Phone: +44 (0)1223 760339 Fax: +44 (0)1223 763753 Email: [email protected] 37. THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF OXFORD (UOXF) The University of Oxford’s wholly-owned technology transfer company: Isis Innovation Ltd Ewert House, Ewert Place Summertown Oxford OX2 7SG United Kingdom Tel: +44 1865 280830 Fax: +44 1865 280831 Email: [email protected] Company number: 2199542 Registered office: University Offices, Wellington Square, Oxford OX1 2JD 65. Nokia UK Limited (NOKIA.UKL) Upon signing of this Agreement, Nokia UK Ltd. confirm that it shall assign all Intellectual Property Rights to Foreground created by Nokia UK Ltd under this Agreement to Nokia Corporation. 68. GRUPO ANTOLIN-INGENIERA SA (ANTOLIN) Grupo Antolin Irausa, S.A. is the mother company of Grupo Antolin Ingenería, S.A. and could be transferred with Foreground if necessary.


125 (139)

[Attachment 5: List of Third parties linked to a beneficiary:]

18. CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (”CNRS”): The following third parties are linked to CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (”CNRS”) under Special clause n 10 in the EC-GA: - ECOLE NORMALE SUPERIEURE (ENS Paris) - UNIVERSITE PIERRE ET MARIE CURIE – PARIS 6 (UPMC) - UNIVERSITE PAUL SABATIER TOULOUSE III (UPST) - INSTITUT NATIONAL POLYTECHNIQUE DE TOULOUSE (INPT) - UNIVERSITE PARIS-SUD (Paris Sud)


126 (139)

[Attachment 6: Initial list of GA members and other contact persons]

1. CHALMERS TEKNISKA HÖGSKOLA AB (CUT) Member of the General Assembly: Prof. Jari Kinaret Position: Head of Division Tel: + 46 31 7723668 Fax: + 46 31 7722639 E-mail: [email protected] Address: Department of Applied Physics 412 96 Göteborg, Sweden 2. CONSIGLIO NAZIONALE DELLE RICERCHE (CNR) Member of the General Assembly: Dr. Palermo Vincenzo Position: Head of MAFO Research Unit - ISOF Tel: + 39 051 6399824 Fax: + 39 051 6399844 E-mail: [email protected] Address: Institute for Organic Synthesis and Photoreactivity Via Piero Gobetti 101, 40129 Bologna, Italy 3. RIJKSUNIVERSITEIT GRONINGEN (RUG) Member of the General Assembly: Prof. Bart Jan Van Wees Position: Professor Tel: +31 50 363 4933 Fax: E-mail: [email protected] Address: Physics of Nanodevices Nijenborgh 4, 9747 AG Groningen, Netherlands 4. AGENCIA ESTATAL CONSEJO SUPERIOR DE INVESTIGACIONES CIENTIFICAS (CSIC) Member of the General Assembly: Prof. Maria del Mar García Hernandez Position: Profesor de Investigacion Tel: + 34 620314825 Fax: + 34 913720623 E-mail: [email protected] Address: Instituto de Ciencia de Materiales de Madrid Sor Juana Ines de la Cruz 3, 28049 Madrid, Spain 5. UNIVERSITAET BASEL (UBAS) Member of the General Assembly: Prof. Christian Schoenenberger Position: Professor Experimental Physics Tel: + 41 61 2673690 Fax: E-mail: [email protected] Address: Department of Physics Klingelbergstrasse 82, 4056 Basel, Switzerland


127 (139)

6. THE UNIVERSITY OF MANCHESTER (UNIMAN) Member of the General Assembly: Dr. Irina Grigorieva Position: Reader (Associate Professor) Tel: + 44 1612754065 Fax: E-mail: [email protected] Address: Manchester Centre for Mesoscience & Nanotechnology/School of Physics & Astronomy Oxford Road, M13 9PL, Manchester, United Kingdom 7. FUNDACIO PRIVADA INSTITUT CATALA DE NANOTECNOLOGIA (ICN) Member of the General Assembly: Prof. Stephan Roche Position: Group Leader Tel: + 34 937373601 Fax: E-mail: [email protected] Address: Campus UAB. CIN2 Building Office 1004, 08193 Bellaterra, Spain 8. UNIVERSITE CATHOLIQUE DE LOUVAIN (UCdL) Member of the General Assembly: Prof. Jean-Christophe Charlier Position: Full Professor Tel: + 32 10473564 Fax: E-mail: [email protected] Address: Department of IMCN/NAPS Chemin des Étoiles (SC17 – Parc Météo - Bt L7.03.01) 8, 1348 Louvain-la-Neuve, Belgium 9. UNIVERSITAET REGENSBURG (UREG) Member of the General Assembly: Prof. Fabian Jaroslav Position: Professor Tel: + 49 941 9432031 Fax: E-mail: [email protected] Address: Department of Physics

Universitaetsstrasse 31, 93053 Regensburg, Germany 10. RHEINISCH-WESTFAELISCHE TECHNISCHE HOCHSCHULE AACHEN (RWTH) Member of the General Assembly: Prof. Christoph Stampfer Position: Junior Professor Tel: + 49 241 8027094 Fax: + 49 241 8022306 E-mail: [email protected] Address: II. Institute of Physics Otto-Blumenthal-Strasse 28C301, 52074 Aachen, Germany 11. COMMISSARIAT A LÉNERGIE ATOMIQUE ET AUX ENERGIES ALTERNATIVES (CEA) Member of the General Assembly: Dr. Yves Samson Position: Director of Nano Science Programme Tel: + 33 1 69 08 85 53 Fax: + 33 1 69 08 40 04 E-mail: [email protected] Address: CEA Nanoscience Programme CEA Saclay, DSM/DIR/DPNS, 91191 Gif sur Yvette Cedex, France

mailto:[email protected]



128 (139)

12. AIXTRON LIMITED (AIX.L) Member of the General Assembly: Dr. Ken Teo Position: Director Nanoinstuments Tel: + 44 1954 208 409 Fax: E-mail: [email protected] Address: Kaiserstrasse 98, 52134 Herzogenrath, Germany

13. GESELLSCHAFT FUR ANGEWANDTE MIKRO- UND OPTOELEKTRONIK MIT BESCHRAENKTERHAFTUNG AMO GmbH (AMO)

Member of the General Assembly: Dr. Daniel Neumaier Position: Head of Research Group Tel: + 49 2418867219 Fax: E-mail: [email protected] Address: AMICA Otto-Blumenthal-Strasse 25, 52074 Aachen, Germany 14. ALCATEL-LUCENT DEUTSCHLAND AG (ALUD) Member of the General Assembly: Dr. Wolfgang Templ Position: Senior Research Engineer Tel: + 49 711 821 44792 Fax: E-mail: [email protected] Address: Bell Labs, Germany Lorenzstrasse 10, 70435 Stuttgart, Germany 15. AALTO-KORKEAKOULUSAATIO (AALTO) Member of the General Assembly: Prof. Harri Lipsanen Position: Vice head of department Tel: + 358 50 433 9740 Fax: E-mail: [email protected] Address: Dept. of Micro- and Nanosciences Tietotie 3, 00076 Aalto, Finland 16. POLITECNICO DI MILANO (PMI) Member of the General Assembly: Dr Roman Sordan Position: Assistant Professor Tel: + 39 031 332 7622 Fax: +39 031 332 7617 E-mail: [email protected] Address: Department of Physics Via Anzani Number 42, 22100 Como, Italy 17. UNIVERSITE DES SCIENCES ET TECHNOLOGIES DE LILLE - LILLE I (UniLille) Member of the General Assembly: Prof. Henri Happy Position: Professor Tel: + 33 03 20 19 78 41 Fax: +33 03 20 43 48 40 E-mail: [email protected] Address: IEMN Avenue Poincaré - BP60069, 59652 Villeneuve D'Ascq, France


129 (139)

18. CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (CNRS) Member of the General Assembly: Dr. Annick Loiseau Position: Director of Research Unit GDR 3217 and GDR-I GNT Tel: + 33 1 46734453 Fax: +33 1 46734155 E-mail: [email protected] Address: UMR 104, CNRS – Onera Avenue de la Division Leclerc 29, 92320 Chatillon, France 19. THALES SA (TRT) Member of the General Assembly: Dr. Pierre LEGAGNEUX Position: Research Engineer Tel: + 33 1 69 41 58 84 Fax: E-mail: [email protected] Address: Thales Research & Technology – France Campus Polytechnique, avenue Augustin Fresnel Number 1, 91767 Palaiseau cedex, France 20. UNIVERSITAT AUTÒNOMA DE BARCELONA (UAB) Member of the General Assembly: Prof. David Jiménez Position: Associate Professor Tel: + 34 935813218 Fax: 34 935812600 E-mail: [email protected] Address: Electronics Engineering Department / School of Engineering Campus UAB s/n – Escola d'Enginyeria, 08193 Cerdanyola del Vallès, Spain 21. DANMARKS TEKNISKE UNIVERSITET (DTU) Member of the General Assembly: Dr. Peter Bøggild Position: Associate Professor, Group Leader Tel: + 45 45255723 Fax: +45 21362798 E-mail: [email protected] Address: DTU Nanotech Anker Engelundsvej 1, Building 101A, 2800 Kongens Lyngby, Denmark 22. NOKIA OYJ (NOKIA.OYJ) Member of the General Assembly: Dr Tapani Ryhänen Position: Laboratory Director Tel: + 358 504836327 Fax: E-mail: [email protected] Address: Sensors and Materials Laboratory Otaniementie 19, 02150 Espoo, Finland 23. STMICROELECTRONICS SRL (ST) Member of the General Assembly: Dr. Sebastiano Ravesi Position: R&D Manager Tel: + 39 0957407635 Fax: +39 0957407589 E-mail: [email protected] Address: IMS R&D Stradale Primosole 50, 95121 Catania, Italy


130 (139)

24. TEKNOLOGIAN TUTKIMUSKESKUS VTT (VTT) Member of the General Assembly: Dr. Vladimir Ermolov Position: Principal Scientist Tel: + 358 50 4836529 Fax: +358 20 722 7012 E-mail: [email protected] Address: Adaptive Radios Tietotie 3, 02044 VTT Espoo, Finland 25. VARTA MICRO INNOVATION GMBH (VMI) Member of the General Assembly: Dr. Harald Kren Position: Project Manager Tel: + 43 3168 7332 381 Fax: E-mail: [email protected] Address: Stremayrgrasse 9, 8010 Graz, Austria 26. Graphenea S.A. (GRAPHENEA) Member of the General Assembly: Dr. Amaia Zurutuza Position: Scientific Director Tel: + 34 626 164 161 Fax: E-mail: [email protected] Address: GRAPHENEA Avenida Tolosa 76, 20018 Donostia-San Sebastian, Spain 27. UNIVERSITE DE STRASBOURG (UdS) Member of the General Assembly: Prof. Paolo Samorì Position: Professor and Director of ISIS Tel: + 33 368855160 Fax: +33 368855161 E-mail: [email protected] Address: ISIS/Nanochemistry Laboratory Allee Gaspard Monge 8, 67000 Strasbourg, France 28. THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF CAMBRIDGE

(UCAM) Member of the General Assembly: Prof. Andrea Ferrari Position: Professor of Nanotechnology Tel: + 441223748351 Fax: E-mail: [email protected] Address: Engineering Department JJ Thomson Avenue 9, CB3 OFA Cambridge, United Kingdom 29. MAX PLANCK GESELLSCHAFT ZUR FOERDERUNG DER WISSENSCHAFTEN E.V. (MPG) Member of the General Assembly: Prof. Feng Xinliang Position: Group Leader Tel: + 49 6131 379488 Fax: +49 6131 379361 E-mail: [email protected] Address: Max Planck Institute for Polymer Research Ackermannweg 10, 55128 Mainz, Germany


131 (139)

30. FOUNDATION FOR RESERACH AND TECHNOLOGY HELLAS (FORTH) Member of the General Assembly: Prof. Costas Galiotis Position: Director Tel: + 30 2610 965300 Fax: +30 2610 990987 E-mail: [email protected] Address: Institute of Chemical Engineering Sciences Stadiou, 26504 Platani Patras, Greece 31. AVANZARE INNOVACION TECNOLOGICA SL (AVA) Member of the General Assembly: Dr. Julio Gomez Cordon Position: Manager Tel: + 34 9 41587027 Fax: E-mail: [email protected] Address: C/ Antonio de Nebrija 8, 26006 Logrono, Spain 32. TECHNISCHE UNIVERSITAET HAMBURG-HARBURG (TUHH) Member of the General Assembly: Prof. Karl Schulte Position: Head of Institute Tel: + 49 40 428783138 Fax: E-mail: [email protected] Address: Institute of Polymers and Composites M-11 Denickestrasse 15, 21073 Hamburg, Germany 33. POLITECNICO DI TORINO (POLITO) Member of the General Assembly: Prof: Guido Saracco Position: Head of Department of Applied Science and Technology Tel: + 39 011 049 046 18 Fax: E-mail: [email protected] Address: Corso Duca Degli Abruzzi 24, 10129 Torino, Italy 34. ALBERT-LUDWIGS-UNIVERSITAET FREIBURG (FMF) Member of the General Assembly: Prof. Rolf Muelhaupt Position: Head of Freiburg Materials Research Center Tel: + 49 761 2036270 Fax: E-mail: [email protected] Address: Freiburg Materials Research Center Stefan-Meier-Strasse 21, 79104 Freiburg, Germany 35. AIRBUS OPERATIONS SL (AIR) Member of the General Assembly: Ms. Tamara Blanco Varela Position: Composite Research and Technology Tel: + 34 91 6242573 Fax: E-mail: [email protected] Address: Material and Processes, Airbus Operations S.L. Avenida John Lennon, 28906 Getafe, Spain


132 (139)

36. TECHNOLOGICAL EDUCATIONAL INSTITUTE OF CRETE (TEIC) Member of the General Assembly: Prof. Emmanuel Kymakis Position: Associate Professor Tel: + 30 281 037 9895 Fax: E-mail: [email protected] Address: Center of Materials Technology & Photonics Electrical Engineering Department STEF, 71004 Heraklion, Greece 37. THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF OXFORD (UOXF) Member of the General Assembly: Dr. Feliciano Giustino Position: Lecturer in Materials Modeling Tel: + 44 1865 612790 Fax: +44 1865 273789 E-mail: [email protected] Address: Department of Materials Parks Road 16, OX1 3PH Oxford, United Kingdom Contact for administrative/ financial matters: Gill Wells Position: Head of European Team Tel: +44 (0)1865 289800 Fax: +44 (0)1865 289801 E-mail: [email protected] Address: Research Services, University of Oxford, University Offices, Wellington Square, Oxford, OX1 2JD, United Kingdom 38. FONDAZIONE ISTITUTO ITALIANO DI TECNOLOGIA (IIT) Member of the General Assembly: Dr. Roman Krahne Position: Senior Scientist Tel: + 390 1071 781 796 Fax: E-mail: [email protected] Address: Nanostructures Department Via Morego 30, 16163 Genova, Italy 39. CENTRO DE INVESTIGACION COOPERATIVADE ENERGIAS ALTERNATIVAS FUNDACION

(CIC) Member of the General Assembly: Prof. Teófilo Rojo Position: Scientific Director EES Tel: + 34 945 297 108 Fax: E-mail: [email protected] Address: Electrochemical Energy Storage Calle Albert Einstein 48, 01510 Minano, Spain



133 (139)

40. REPSOL SA (REPSOL) Member of the General Assembly: Dr. Antonio Paez Duenas Position: Senior Consultant Tel: + 34 917536436 Fax: +34 913488613 E-mail: [email protected] Address: Technology Center Carretera de Extremadura KM 18, 28935 Mostoles, Spain 41. SABANCI UNIVERSITY (SU) Member of the General Assembly: Dr. Selmiye Alkan Gürsel Position: Faculty Member Tel: + 90 2164839573 Fax: +90 2164839550 E-mail: [email protected] Address: Faculty of Engineering and Natural Sciences Orhanli Tuzla, 34956 Istanbul, Turkey 42. UMEA UNIVERSITET (UMEA) Member of the General Assembly: Dr. Alexandr Talyzin Position: Associate Professor Tel: + 46 907866320 Fax: E-mail: [email protected] Address: Department of Physics Linnaeus Väg 24, 907 36 Umea, Sweden 43. FONDAZIONE BRUNO KESSLER (FBK) Member of the General Assembly: Dr. Luigi Crema Position: Senior Researcher Tel: + 39 0461 314922 Fax: +39 0461 314591 E-mail: [email protected] Address: Center for Materials and Microsystems / Renewable Energies and Environmental Technologies Unit Via alla Cascata 56/C, 38123 Povo – Trento, Italy 44. TECHNISCHE UNIVERSITAET DRESDEN (TUD) Member of the General Assembly: Prof. Gotthard Seifert Position: Group Leader Tel: + 49 351 463 37637 Fax: +49 351 463 35953 E-mail: [email protected] Address: Faculty of Science, Department of Physical Chemistry Helholtzstrasse 10, 01069 Dresden, Germany


134 (139)

45. STICHTING KATHOLIEKE UNIVERSITEIT (SKU/RU) Member of the General Assembly: Prof. Mischa Katsnelson Position: Professor Tel: + 31 243652981 Fax: E-mail: [email protected] Address: Faculty of Science Institute of Molecules and Materials (IMM) Heyendaalseweg 135, 6525 AJ Nijmegen, Netherlands 46. THE PROVOST, FELLOWS, FOUNDATION SCHOLARS & THE OTHER MEMBERS OF BOARD

OF THE COLLEGE OF THE HOLY & UNDIVIDED TRINITY OF QUEEN ELIZABETH NEAR DUBLIN (TCD)

Member of the General Assembly: Prof. Jonathan Coleman Position: Principal Investigator Tel: + 353 1 8963859 Fax: E-mail: [email protected] Address: CRANN - Centre for Research on Adaptive Nanostructures and Nanodevices College Green 3, 2 Dublin, Ireland 47. LINKOPINGS UNIVERSITET (LiU) Member of the General Assembly: Prof. Rositsa Yakimova Position: Professor Tel: + 46 13 282528 Fax: 46 13 137568 E-mail: [email protected] Address: Department of Physics, Chemistry and Biology Campus Valla, 581 83 Linköping, Sweden 48. UNIVERSITAET ZUERICH (UZH) Member of the General Assembly: Prof. Thomas Greber Position: Group Leader Tel: + 41 44 6355744 Fax: E-mail: [email protected] Address: Institute of Physical Chemistry, Surface Physics Group Winterthurerstrasse 190, 8057 Zurich, Switzerland 49. TECHNISCHE UNIVERSITAET CHEMNITZ (TUC) Member of the General Assembly: Prof. Thomas Seyller Position: Head of Professorship Technical Physics Tel: + 49 371 531 21710 Fax: E-mail: [email protected] Address: Department of Natural Science Reichenhainer Straße 70, 09126 Chemnitz, Germany


135 (139)

50. FRIEDRICH-ALEXANDER-UNIVERSITAT ERLANGEN NURNBERG (FAU) Member of the General Assembly: Prof. Andreas Hirsch Position: Professor Tel: + 49 9131 8522537 Fax: +49 9131 8526864 E-mail: [email protected] Address: Institute for Organic Chemistry Henkestraße 42, 91054 Erlangen, Germany 51. INSTYTUT TECHNOLOGII MATERIALOW ELEKTRONICZNYCH (ITME) Member of the General Assembly: Dr. Wlodzimierz Strupinski Position: Manager of Department of Semiconductor Compounds Epitaxy Tel: + 48 502325661 Fax: +48 228349003. E-mail: [email protected] Address: ITME - Department of Semiconductor Compounds Epitaxy Wolczynska Street 133, 01919 Warszawa, Poland 52. UNIVERSITA DEGLI STUDI DI TRIESTE (UniTS) Member of the General Assembly: Prof. Maurizio Prato Position: Professor Ordinary Tel: + 39 040 5587883 Fax: +39 040 52572 E-mail: [email protected] Address: Chemical and Pharmaceutical Sciences Department Piazzale Europa 1, 34127 Trieste, Italy 53. UNIVERSITAET BREMEN (UniHB) Member of the General Assembly: Prof. Tim Oliver Wehling Position: Professor Tel: + 49 421 218 62039 Fax: + 49 421 218 9862039 E-mail: [email protected] Address: Fac. 1/ Physics and Electrical Engineering Otto-Hahn Allee 1, 28359 Bremen, Germany 54. UNIVERSIDAD DE CASTILLA - LA MANCHA (UCLM) Member of the General Assembly: Prof. Ester Vázquez Position: Professor of Organic Chemistry Tel: + 34 606225151 Fax: + 34 926295318 E-mail: [email protected] Address: Departamento de Química Inorgánica Orgánica y Bioquímica Avda. Camilo José Cela, 13071 Ciudad Real, Spain 55. KAROLINSKA INSTITUTET (KI) Member of the General Assembly: Prof. Bengt Fadeel Position: Head of Division, Vice Chairman Tel: + 46 8 52487737 Fax: E-mail: [email protected] Address: Institute of Environmental Medicine Nobels väg 13, 171 77 Stockholm, Sweden


136 (139)

56. EIDGENOESSISCHE MATERIALPRUEFUNGS- UND FORSCHUNGSANSTALT (EMPA) Member of the General Assembly: Dr. Peter Wick Position: Head of Lab Materials-Biology Interactions Tel: +41 58 765 7684 Fax: +41 58 765 7694 E-mail: [email protected] Address: Lerchenfeldstrasse 5, CH-9014 St. Gallen, Switzerland 57. UNIVERSITY COLLEGE DUBLIN, NATIONAL UNIVERSITY OF IRELAND, DUBLIN (UCD) Member of the General Assembly: Prof. Kenneth Dawson Position: Director for Centre for BioNano Interactions Tel: + 35 317 162 459 Fax: E-mail: [email protected] Address: Centre for BioNano Interactions School of Chemistry and Chemical Biology, Centre for BioNano Interactions, Belfield, 4 Dublin, Ireland 58. UNIVERSITE DE GENEVE (UNIGE) Member of the General Assembly: Prof. Alberto Morpurgo Position: Professor Ordinarie Tel: + 41 223793574 Fax: E-mail: [email protected] Address: DPMC, Faculty of Sciences Quai Ernest-Ansermet 24, CH 1211 Geneva, Switzerland 59. TECHNISCHE UNIVERSITEIT DELFT (TUDelft) Member of the General Assembly: Prof. Herre Van der Zant Position: Professor Tel: + 31 15 2787733 Fax: 31 15 2784301 E-mail: [email protected] Address: Faculty of Applied Sciences, Kavli Institute of Nanoscience, Department of Quantum Nanoscience Lorentzweg 1, 2628CJ Delft, Netherlands 60. EIDGENOESSISCHE TECHNISCHE HOCHSCHULE ZURICH (ETH Zurich) Member of the General Assembly: Prof. Klaus Ensslin Position: Professor Tel: + 41 44 6332209 Fax: + 41 44 6331146 E-mail: [email protected] Address: Laboratory for Solid State Physics Schafmattstrasse 16, 8093 Zurich, Switzerland


137 (139)

61. NPL MANAGEMENT LIMITED (NPL) Member of the General Assembly: Prof. Alexander Tzalenchuk Position: Principal Research Scientist Tel: + 44 20 8943 6953 Fax: + 44 20 8614 0577 E-mail: [email protected] Address: Quantum Detection Group Hampton Road, TW11 0LW Teddington, United Kingdom 62. OXFORD INSTRUMENTS NANOTECHNOLOGY TOOLS LIMITED (OXINT) Member of the General Assembly: Dr. David Mark Haynes Position: Business Development Director Tel: + 44 1865 393328 Fax: E-mail: [email protected] Address: Omicron NanoScience Business Development Tubney Woods, OX135QX Abingdon, United Kingdom 63. LANCASTER UNIVERSITY (ULANC) Member of the General Assembly: Prof. Vladimir Falko Position: Distinguished Professor Tel: + 44 1524593180 Fax: E-mail: [email protected] Address: Physics Department - Faculty of Science and Technology Physics Building, Bailrigg, LA1 4YB Lancaster, United Kingdom 64. UNIVERSITAET HAMBURG (UHAM) Member of the General Assembly: Prof. Alexander Lichtenstein Position: Professor Tel: + 49 40428382393 Fax: E-mail: [email protected] Address: Institute of Theoretical physics I Jungiusstrasse 9, 20355 Hamburg, Germany Administrative contact person: Linda Reams-Behboud Position: Financial officer Tel: +49 40428384425 Email: [email protected] Address: Mittelweg 177, 20148 Hamburg, Germany 65. NOKIA UK LIMITED (NOKIA.UKL) Member of the General Assembly: Dr. Jani Kivioja Position: Group Leader Tel: + 44 782 783 1326 Fax: E-mail: [email protected] Address: Nokia Research Center, Cambridge UK Kingdom Street Paddington 2, W2 6BD London, United Kingdom



138 (139)

66. FONDATION EUROPEENNE DE LA SCIENCE (ESF) Member of the General Assembly: Mr. Nicolas Walter Position: Senior Science Officer Tel: + 33 388377166 Fax: E-mail: [email protected] Address: PESC 1 Quai Lezay Marnesia, 67080 Strasbourg Cedex, France 67. STIFTELSEN CHALMERS INDUSTRITEKNIK (CIT) Member of the General Assembly: Dr. Helena Theander Position: Project Manager Tel: + 46 709 284074 Fax: E-mail: [email protected] Address: Commercial R&D Sven Hultins Gata 9, 412 88 Göteborg, Sweden 68. GRUPO ANTOLIN-INGENIERIA SA (ANTOLIN) Member of the General Assembly: Dr. Cesar Merino Position: Nanotechnology Responsable Tel: + 34 947 478 380 Fax: E-mail: [email protected] Address: Innovation Carretera Madrid Irun KM 244,8, 09007 Burgos, Spain 69. FUNDACIO INSTITUT DE CIENCIES FOTONIQUES (ICFO) Member of the General Assembly: Prof. Frank Koppens Position: Group Leader Tel: + 34 935 542 207 Fax: E-mail: [email protected] Address: Avinguda Carl Friedrich Gauss 3, 08860 Castelldefels, Spain 70. TECHNISCHE UNIVERSITAET WIEN (TU-Wien) Member of the General Assembly: Dr. Thomas Mueller Position: Univ. Ass. Tel: + 43 1 58801 38739 Fax: E-mail: [email protected] Address: Institute of Photonics Gusshausstrasse 27-29, 1040 Vienna, Austria 71. Asociacion - Centro de Investigacion Cooperativa en Nanociencias – CIC NANOGUNE (NanoGune) Member of the General Assembly: Dr. Rainer Hillenbrand Position: Group Leader Tel: + 34 943 574007 Fax: + 34 943 574001 E-mail: [email protected] Address: CIC nanoGUNE Tolosa Hiribidea 76, 20018 San Sebastian, Spain


139 (139)

72. PHILIPS TECHNOLOGIE GMBH (PDPC) Member of the General Assembly: Dr. Thomas Frach Position: Principal Scientist Tel: + 49 241 6003356 Fax: + 49 241 96979191 E-mail: [email protected] Address: Digital Photon Counting Pauwelsstrasse 17, 52074 Aachen, Germany 73. UNIVERSIDADE DO MINHO (UMINHO) Member of the General Assembly: Prof. Nuno Peres Position: Full Professor Tel: + 351 253604334 Fax: + 351 253604061 E-mail: [email protected] Address: School of Sciences, Physics Department Campus of Gualtar, School of Sciences, Physics Department, 4710-057 Braga, Portugal 74. PANEPISTIMIO IOANNINON (UOI) Member of the General Assembly: Prof. Isaac Lagaris Position: Vice Rector of UOI, Chairman of the Research Committee of UOI Tel: +30 2651007176 or +39 6945333203 (cell) Fax: +30 2651009092 Email:[email protected] Address: Department of Computer Science and Engineering University of Ioannina, P.O.Box 1186 Ioannina 45110 - Greece 75. PHILIPS ELECTRONICS NEDERLAND B.V. (PRE) Member of the General Assembly: Dr. Ruud Balkenende Position: Principal Research Scientist Tel: + 31 402742577 Fax: E-mail: [email protected] Address: Philips Research Europe / Photonic Materials & Devices High Tech Campus (HTC4-1.118) 4, 5656 AE Eindhoven, Netherlands

Documents

GRAPHENE CONSORTIUM AGREEMENT€¦ · graphene consortium agreement final version 2013-09-17 6 (139) 28) the chancellor, masters and scholars of the university of cambridge (”ucam”)