Contract number: ECHA/2019/355  FWC conditions of October 2018 
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II.13.7. Moral rights of creators 
By delivering the results, the contractor warrants that the creators will not object to the 
following on the basis of their moral rights under copyright:  
(a) that their names be mentioned or not mentioned when the results are presented to 
the public;  
(b) that the results be divulged or not after they have been delivered in their final 
version to the contracting authority;  
(c) that the results be adapted, provided that this is done in a manner which is not 
prejudicial to the creator’s honour or reputation.  
If moral rights on parts of the results protected by copyright may exist, the contractor 
must obtain the consent of creators regarding the granting or waiver of the relevant moral 
rights in accordance with the applicable legal provisions and be ready to pr ovide 
documentary evidence upon request.  
II.13.8. Image rights and sound recordings  
If natural persons appear in a result or their voice or any other private element is recorded 
in a recognisable manner, the contractor must obtain a statement by these persons (or, in 
the case of minors, by the persons exercising parental authority) giving their permission  
for the described use of their image, voice  or private element and, on request, submit a 
copy of the permission to the contracting authority. The contractor must take the necessary 
measures to obtain such consent in accordance with the applicable legal provisions.  
II.13.9. Copyright notice for pre-existing rights 
When the contractor retains pre-existing rights on parts of the results, reference must be 
inserted to that effect when the result is used as set out in Article I.10.1, with the following 
disclaimer: ‘© — year — European Union. All rights reserved. Certain parts are licensed 
under conditions to the EU ’, or with any other equivalent disclaimer as the contracting 
authority may consider best appropriate, or as the parties may agree on a case -by-case 
basis. This does not apply where inserting such reference would be impossible, notably for 
practical reasons. 
II.13.10. Visibility of ECHA funding and disclaimer 
When making use of the results, the contractor must declare that they have been produced 
under a contract with the contracting authority and that the opinions expressed are those 
of the contractor only and do not represent the contracting authority’s official position. The 
contracting authority may waive this obligation in writing or provide the text of the 
disclaimer.  
II.14. Force majeure 
II.14.1 If a party is affected by force majeure, it must immediately notify the other party, 
stating the nature  of the circumstances , their likely duration and foreseeable 
effects. 
II.14.2 A party is not liable for any delay or failure to perform its obligations under the 
FWC if that delay or failure is a result of force majeure. If the contractor is unable 
to fulfil its  contractual obligati ons owing to force majeure , it has the right to 
remuneration only for the services actually provided.