justification, it will seek prior approval from the Authority, setting out the reasons for non-compliance in a structured business case. To the extent that the Grant is deemed to constitute State Aid, you acknowledge that the Grant is made under the ‘de minimis’ exemption and confirm that you have not received funding from a public body in the three years prior to the date of the Grant that would aggregate with the Grant to exceed the permitted threshold. You shall inform the ICO immediately if you receive or intend to receive any public funding within three years from the date of the final payment of this Grant which will or may constitute further State Aid. If necessary, notwithstanding the other provisions in this Agreement, you shall immediately repay any funding which, in the ICO’s absolute discretion, may constitute unlawful State Aid GOVERNING LAW This Agreement will be governed by and construed in accordance with the law of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts. No failure or delay by either party to exercise any right or remedy under this Agreement shall be construed as a waiver of any other right or remedy. Nothing in this Agreement creates or implies any partnership, joint venture, agency or employment relationship between the Authority and the Grant Recipient. The Grant Recipient has no authority to make any representation or commitment, nor to incur any liability, on behalf of the Authority. SIGNED by: [Steve Wood] for and on behalf of the The Information Commissioner …………………………………………………. Signature Title: Head of International Strategy & Intelligence Date: ….…………………………………. SIGNED by: [insert authorised signatory’s name] for and on behalf of [insert name of Grant Recipient] ………………………………………………… Signature Title: ……………………………………………… Date: ………………………………………
You: [insert name and contact details] ICO: [ Steve Wood (Grant Manager) Head of International Strategy & Intelligence ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK95AF Tel: 01625 545706 Email: ] Commitment to the Programme: You undertake to: (a) commit sufficient people and resources to ensure the success of the Funded Activities; (b) engage with the ICO and anyone appointed by it to deal with you in relation to the Funded Activities; and (c) be open to collaborating with other initiatives, to sharing learning and to contribute to the overall aims of the Grants Programme. Eligible Expenditure: You will use the Grant for the Funded Activities as described in Annex 2 of the Grant Agreement, in accordance with any agreed budget included in your application and in accordance with the eligibility rules set out in Annex 4 of the Grant Agreement, and the other terms of the Grant Agreement. If it forms part of the agreed Funded Activities, you will also use the Grant to assist with dissemination of the results and, in any event, you will provide the ICO with information about the Funded Activities throughout their duration to enable the ICO to evaluate them on their merits and in relation to the Grants Programme in general. Special Conditions: The ICO does not anticipate imposing special conditions on Grantees over and above the terms and conditions of the Grant Agreement. However the Grant Recipient’s attention is drawn specifically to paragraphs 7 (‘Reduction and Recovery of Grant’) and 12 (‘Termination’) in the Grant Agreement. At all times the ICO reserves the right to end its funding relationship with you in accordance with the terms of the Agreement and pay no further instalments of the Grant. Non-financial support: The ICO is not intending to make non-financial support available to the Grant Recipient. The Grant Recipient must ensure that it has all necessary resources available to complete the Funded Activities. Milestones and Payment Schedule: The ICO will pay the Grant to you in instalments on completion of the Milestones set out in Annex 3 of the Agreement. Payments will be made to the following bank account: [bank details of Grantee]