Annex 1. Bank Guarantee for Advance Payment

Annex 3. Suppliers specialists rendering Services at Site

1. 
   For the Supplier’s specialists, delegated to the Site for rendering the services as per art. 10.4. of the Contract, The Purchaser shall provide free of charge :
   
   1. 
      Free access to office and lavatory accommodation at the Site;
      
      
   2. 
      Lunch at the plant’s canteen;
      
   3. 
      Telefax, telephone and other communication facilities at the Site required for the execution of their task;
      
   4. 
      Transport facilities from and to the airport, and from the place of residence to the Site and back;
      
   5. 
      First medical care in case of accident or injury, transport by ambulance to and from the hospital.
      
2. 
   The Supplier shall bear the cost of travelling, lodging and boarding of his specialists.
   
   
3. 
   The Supplier shall insure his employees, who shall work at the Site. The insurance shall cover medical care and all risks including but not limited to accidents (bodily injuries and death), property damages, etc.
   
   
4. 
   The stay at Site of Supplier’s specialists may be prolonged in case of necessity. If the Purchaser causes such prolongation it shall pay ………(…..) .€/day. In such case both contracting parties shall sign a Time Sheet reflecting the actual stay of Supplier’s specialists and the amount due by the Purchaser.
   

1. 
   The Beneficiary shall implement the Project in accordance with the Description of the Project in Annex I with a view to achieving the objectives laid down therein.
   
   
2. 
   The Beneficiary shall implement the Project with the requisite care, efficiency, transparency and diligence, in line with best practice in the field concerned and in compliance with this Contract. For this purpose the Beneficiary shall mobilise all the financial, human and material resources required for full implementation of the Project as specified in the Description of the Project.
   
3. 
   The Beneficiary shall act alone or together with one or more partners, if identified in the Description of the Project and in the Contract.
   
   
4. 
   Partners take part in the implementation of the Project, and the costs they incur are eligible in the same way as those incurred by the Beneficiary. The bulk of the Project must, however, be undertaken by the Beneficiary and, where applicable, his partners.
   
   
5. 
   The Beneficiary shall be entitled to enter into agreement with subcontractors for implementation of a limited part of the Project, if required by the nature of the Project.
   

6. 
   The Beneficiary and the Contracting Authority are the only parties (the “Parties”) to this Contract. The Contracting Authority does not acknowledge any contractual link between itself and the Beneficiary's partner(s) or subcontractors in relation to Project implementation. The Beneficiary alone shall be accountable to the Contracting Authority for the implementation of the Project.
   
7. 
   The Beneficiary shall undertake that the conditions applicable to him under Articles 1, 3, 4, 5, 6, 7, 9, 12, 14 and 15 shall also apply to his partners, and those applicable under Articles 1, 3, 4, 5, 6 and 14 to all his subcontractors. He shall include provisions to that effect as appropriate in his contracts with them.
   
8. 
   Within 5 years after completion of Project implementation, it should not undergo significant modifications;
   

Significant modifications shall mean any modifications that affect Project essence, the conditions of its implementation that lead to unjustified advantages for the company or public organization, as well as any changes resulting from a change in the nature of the ownership of an element of infrastructure or discontinuation of production activities.

3.1. The Contracting Authority cannot under any circumstances or for any reason whatsoever be held liable for damage or injury sustained by the staff or property of the Beneficiary while the Project is being carried out or as a consequence of the Project. The Contracting Authority therefore shall not owe any compensation or increases in payment in connection with such damage or injury.

3.2. The Beneficiary shall assume sole liability towards third parties, including liability for damage or injury of any kind sustained by them while the Project is being carried out or as a consequence of the Project. The Beneficiary shall discharge the Contracting Authority of all liability arising from any claim or action brought as a result of an infringement by the Beneficiary or the Beneficiary's employees or individuals for whom those employees are responsible, of rules or regulations, or as a result of violation of a third party's rights.
Article 4 – Conflict of Interests

4.1. The Beneficiary undertakes to take all necessary precautions to avoid conflicts of interests and shall inform the Contracting Authority without delay of any situation constituting or likely to lead to any such conflict.

4.2. There is a conflict of interests where the impartial and objective exercise of the functions of any person under this Contract is compromised for reasons involving family, emotional life, political or national affinity, economic interest or any other shared interest with another person, according to Art. 52 and Art. 82 оf Regulation 1605/ 2002, on the financial regulations applicable with regard to the general budget of the European Community, as amended with Council Regulation (EC, Euratom) No1995/2006 .


Article 5 – Confidentiality

5.1. Subject to Article 14, the Contracting Authority, the persons authorized by it, the Management Body, the Certifying Body and the Beneficiary undertake to preserve the confidentiality of any document, information or other material communicated to them in confidence until at least three years after operational programme completion in compliance with Art.89 (3) of Council Regulation No 1083/2006. The European Commission shall still have access to all documents communicated to the above parties and will maintain the same confidentiality.

5.2. In exercising their powers the Contracting Authority, the persons authorized by it, the Management Body, in the cases when the Contracting Authority is an intermediary, the Certifying Body, the Beneficiary and the European Commission shall adhere to the requirements for personal data protection according to the provisions of Art. 37 of Commission Regulation No 1828/08.12.2006 and the applicable national legislation.

Article 6 – Visibility

6.1. The Beneficiary must take all necessary steps to publicise the fact that the European Fund for Regional Development has financed or co-financed the Project. Such measures must comply with the relevant rules on the visibility of external actions laid down in Art.8 of Commission Regulation No 1828/2006 and Annex I thereto.

6.2. The Beneficiary shall mention the financial contribution of the European Fund for Regional Development through the Operational Programme "Development of the Competitiveness of the Bulgarian Economy" in the information given to the Project target group, in its internal and annual reports, in any documents related to the implementation of a particular operation (including certificates of participation and other certificates) and in any dealings with the media. Wherever appropriate, the Beneficiary shall display the EU logo and the logo of the Operational Programme "Development of the Competitiveness of the Bulgarian Economy". Any publication by the Beneficiary, in whatever form and by whatever medium, including the internet, must include the following statement:
“This document has been produced with the financial assistance of the Operational Programme "Development of the Competitiveness of the Bulgarian Economy", co-financed by the European Union through the European Fund for Regional Development . The contents of this document are the sole responsibility of < Beneficiary's name > and can under no circumstances be regarded as reflecting the position of the European Union and the Contracting Authority.”
6.3 Any notice or publication by the Beneficiary concerning the Project, including those given at a conference or seminar, must specify that the Project has received financing by the European Fund for Regional Development through the Operational Programme "Development of the Competitiveness of the Bulgarian Economy".

6.4. The Beneficiary authorises the Contracting Authority, the persons authorized by it, the national auditing authorities, the European Commission, the European Anti-Fraud Office, the European Court of Auditors and any external auditor to publish his name and address, the purpose of the grant, the maximum amount of the grant and rate of funding of the Project's eligible costs, as laid down in Article 3 of the Contract.

14.1. The Beneficiary shall keep accurate and regular accounts of the implementation of the Project using an appropriate accounting and book-keeping system. These systems may either be an integrated part of the Beneficiary’s regular accounting system or an adjunct to that system. These systems shall be run in accordance with the national legislation. Accounts and expenditure relating to the Project must be easily identifiable and verifiable.

14.2. In the cases when the Beneficiary is not a budget enterprise and the payment scheme under the Contract includes advance payment, the Beneficiary shall open and maintain a separate bank account or a separate file with the current bank account only for the needs of the Project and shall guarantee that the interest generated there is traceable and verifiable, as well as that the information on the bank account shall allow easy identification and traceability of the expenses to and in Beneficiary's accounting systems. The financial statements shall contain data of interests accrued on the funds paid by the Contracting Authority.

14.3. The Beneficiary shall ensure that the data given in the reports as required under Article 2 can be properly and easily reconciled to the Beneficiary’s accounting and book-keeping system and are available to the expiry of the terms for documentation keeping.

In the event the Beneficiary does not submit originals or acceptable copies of the above documents whenever requested by the persons under Art.7, this shall be a motive for the Contracting Authority to request grant recovery.

14.5. The Beneficiary guarantees that the rights of the Contracting Authority, the persons authorized by it, the Management Body, in the cases when the Contracting Authority is an interim link, the Certifying Authority, the national auditing authorities, the European Commission, the European Anti-Fraud Office, the European Court of Auditors and any external auditor, carrying out verifications as required per Article 13.6 to carry out audits, checks and verification will be equally applicable, under the same conditions and according to the same rules also with regards to the Beneficiary's partners and subcontractors. Where a partner or subcontractor is an international organisation, any verification agreement concluded between such organisation and the European Commission applies.

14.6. The term for keeping of the documents under section 14.4 is three years after operational programme completion according to Art. 89 (3) of Council Regulation No 1083/ 2006. The Contracting Authority shall inform the Beneficiary of the expiry of the term.