Contract number: ECHA/2019/355  FWC conditions of October 2018 
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found to be in a situation provided for in points (d) and (e) of Article II.18.1.  
II.11. Amendments 
II.11.1 Any amendment to the FWC or a specific contract must be made in writing before 
all contractual obligations  have been fulfilled . A specific contract does not  
constitute an amendment to the FWC. 
II.11.2 Any amendment must not make changes to the FWC or a specific contract that 
might alter the initial conditions of the procurement procedure or result in unequal 
treatment of tenderers or contractors. 
II.12. Assignment 
II.12.1 The contractor must not assign any of the rights and obligations arising from the 
FWC, including claims for payments  or factoring,  without prior written 
authorisation from the contracting authority. In such cases, the contractor must 
provide the contracting authority with the identity of the intended assignee.  
II.12.2 Any right or obligation  assigned by the c ontractor without authorisation is  not 
enforceable against the contracting authority. 
II.13. Intellectual property rights 
II.13.1. Ownership of the rights in the results 
The contracting authority acquires irrevocably worldwide ownership of the results and of 
all intellectual property rights on the newly created materials produced specifically for the 
contracting authority under the FWC and incorporated in the results, without prejudice 
however to the rules applying to pre-existing rights on pre-existing materials, as per Article 
II.13.2.  
The intellectual property rights so acquired include any rights, such as copyright and other 
intellectual or industrial property rights, to any of the results and in all technological 
solutions and information created or produced by the contractor or by its subcontractor in 
implementation of the FWC .  The contracting authority  may exploit and use the acquired 
rights as stipulated in this FWC. The contracting authority acquires all the rights as from 
the moment the contractor has created the results.  
The payment of the price includes any fees payable to the contractor about the acquisition 
of ownership of rights by the contracting authority including for all modes of exploitation 
and of use of the results. 
II.13.2. Licensing rights on pre-existing materials 
Unless provided otherwise in the special conditions, t he contracting authority  does not 
acquire ownership of pre-existing rights under this FWC.  
The contractor licenses t he pre-existing rights  on a royalty -free, non -exclusive and 
irrevocable basis to the contracting authority, which may use the pre-existing materials for 
all the modes of exploitation set out in this FWC or in specific contracts. Unless otherwise 
agreed, the licence is non -transferable and cannot be sub -licensed, except as provided 
hereafter: 
(a) the pre-existing rights can be sub-licensed by the contracting authority to persons and