[signature] [signature] Done at [date] Done at [place], [date] In duplicate in English II GENERAL CONDITIONS TABLE OF CONTENTS PART A – LEGAL AND ADMINISTRATIVE PROVISIONS II.1 –GENERAL OBLIGATIONS OF THE PARTNER II.2 – COMMUNICATIONS BETWEEN THE PARTIES II.3 – LIABILITY FOR DAMAGES II.4 – CONFLICT OF INTERESTS II.5 – CONFIDENTIALITY II.6 – PROCESSING OF PERSONAL DATA II.7 – VISIBILITY OF UNION FUNDING II.8 – PRE-EXISTING RIGHTS AND OWNERSHIP AND USE OF THE RESULTS (INCLUDING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS) II.9 – OF CONTRACTS NECESSARY FOR THE IMPLEMENTATION OF AN ACTION II.10 – SUBCONTRACTING OF TASKS FORMING PART OF AN ACTION II.11 – FINANCIAL SUPPORT TO THIRD PARTIES II.12 – AMENDMENTS TO THE FRAMEWORK AGREEMENT AND THE SPECIFIC AGREEMENTS II.13 – ASSIGNMENT OF CLAIMS FOR PAYMENTS TO THIRD PARTIES II.14 – FORCE MAJEURE II.15 – SUSPENSION OF THE IMPLEMENTATION II.16 – TERMINATION OF THE FRAMEWORK AGREEMENT AND THE SPECIFIC AGREEMENTS II.17 – ADMINISTRATIVE AND FINANCIAL PENALTIES II.18 – APPLICABLE LAW, SETTLEMENT OF DISPUTES AND ENFORCEABLE DECISION PART B – FINANCIAL PROVISIONS II.19 – ELIGIBLE COSTS II.20 – IDENTIFIABILITY AND VERIFIABILITY OF THE AMOUNTS DECLARED II.21 – ELIGIBILITY OF OF ENTITIES AFFILIATED TO THE PARTNER II.22 – BUDGET TRANSFERS II.23 – TECHNICAL AND FINANCIAL REPORTING – REQUESTS FOR PAYMENT AND SUPPORTING DOCUMENTS II.24 – PAYMENTS AND PAYMENT ARRANGEMENTS
II.26.2 Recovery procedure Before recovery, the Commission must send a formal notification to the partner informing it of its intention to recover the amount unduly paid; specifying the amount due and the reasons for recovery; and inviting the partner to make any observations within a specified period. If no observations have been submitted or if, despite the observations submitted by the partner, the Commission decides to pursue the recovery procedure, the Commission may confirm recovery by sending a formal notification to the partner consisting of a note, specifying the terms and the date for payment. If payment has not been made by the date specified in the debit note, the Commission will recover the amount due: (a) by offsetting it, without the partner's consent, against any amounts owed to the partner by the Commission or an executive agency (from the Union or the European Atomic Energy Community (Euratom) budget (“offsetting”); In exceptional circumstances, to safeguard the financial interests of the Union, the Commission may offset before the due date. An action may be brought against such offsetting before the General Court of the European Union in accordance with Article 263 TFEU; (b) by drawing on the financial guarantee provided for in accordance with Article 5.2 of the Specific agreement (“drawing on the financial guarantee”); (c) by taking legal action as provided for in Article II.18.2 or in the Special Conditions or by adopting an enforceable decision as provided for in Article II.18.3. II.26.3 Interest on late payment If payment is not made by the date in the debit note, the amount to be recovered will be increased by late payment interest at the rate set out in Article 5.6 of the Specific agreement from the day following the date for payment in the debit note, up to and including the date the Commission receives full payment of the amount. Partial payment must be credited against charges and late payment interest and then against the principal. II.26.4 Bank charges Bank charges incurred in the recovery process must be borne by the partner, unless Directive 2007/64/EC applies.