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Reponsibilities of the Host Institution

8. Responsibilities of the Host Institution

8.1 The Host Institution has full responsibility for the Grant and the Grant Funded Activities and for adherence by the Principal Investigator and the Team with the Grant Conditions.

8.2 The Host Institution shall, without limiting the generality of the foregoing:-

8.2.1 Comply in full with the Grant Conditions;

8.2.2 Use the Grant monies solely and entirely for the Grant Funded Activities and for no other purpose whatsoever and strictly in accordance with the Budget.

8.2.3 Comply in full with the Policy on Usage of HRB Overheads set out in the first schedule hereto and the Policy on Reallocation of Grant Budgets set out in the second schedule hereto.     

8.2.4 Perform or ensure that the Grant Funded Activities are performed with due skill, care and diligence and by appropriately qualified personnel and are completed within the Term.

8.2.5 Ensure that all monies claimed and paid are allowable, necessary and reasonable for the conduct of the Grant Funded Activities.

8.2.6 Ensure that the Principal Investigator receives a copy of the Grant Conditions and any subsequent binding variations and procure that the Grant Funded Activities are carried out under the supervision of the Principal Investigator.

8.2.7 Ensure that the Principal Investigator and the Team fully comply with the obligations on the part of the Host Institution contained in the Grant Conditions.

8.2.8 Ensure that all members of the Team are sufficiently qualified or will receive training appropriate for their duties including health and safety training. 

8.2.9 Ensure that appropriate direction and supervision of the Team is provided.

8.2.10 In the event that the Grant Funded Activities involve patient contact, ensure that the appropriate medical indemnity insurance is in place. 

8.2.11 Take part in and ensure that the Principal Investigator takes part in a review or reviews of the progress of the Grant Funded Activities, its organisation and financing and any other relevant issues when so required by the HRB. 

8.2.12 Implement and ensure that the Principal Investigator implements any conditions for the continuation of the Grant made by the HRB arising out of any such review or out of any report furnished pursuant to clause 6.

8.2.13 Comply with all relevant statutory requirements, regulatory requirements, regulations and bye-laws relating to the Grant and the Grant Funded Activities including without limitation all such relating to the employment, involvement or engagement of the members of the Team.  

8.2.14 Not accept or receive funding for the same Grant Funded Activities from any other source unless previously approved of in writing by the HRB.

8.2.15 Not enter into any agreement with any third party relating directly or indirectly to the Grant Funded Activities without the prior written consent of the HRB and shall not in any material respect alter or amend any such agreement without the further written consent of the HRB. 

8.2.16 Pay interest on such monies, if any, as may from time to time be payable by the Host Institution to the HRB hereunder at the rate from time to time specified pursuant to Section 1080 of the Taxes Consolidation Act, 1997 such interest to be payable within fourteen days of a written demand and to be in respect of the period from the date of the demand to the date of actual payment. 

8.2.17 Ensure that it has not contractually committed to any party for the supply of services or entered into any contract for services or for the supply or provision of an Asset without ensuring such obligation or commitment is conditional on HRB Grant monies and further that such obligation or commitment contains a provision for termination in the event of the Grant monies being no longer available for any reason whatsoever. 

8.2.18 Not alter the principal objects provision of its Constitution/Memorandum and Articles of Association without the prior written consent of the HRB.

8.3 The Host Institution shall notify the HRB of any of the following matters;-

8.3.1  The achievement or occurrence of any milestones/objectives in the Grant Funded Activities identified in the Grant Letter. 

8.3.2 The conception or creation of any Subject Invention by any member of the Team in the course of their employment, involvement or engagement in the Grant Funded Activities or deriving directly or indirectly from the use of or access to the knowledge of the Grant Funded Activities of which the Host Institution is or ought to have been aware.

8.3.3 Any proposed change in the objectives of the Grant Funded Activities (which proposed change for the avoidance of doubt shall not be made without the written consent of the HRB).  

8.3.4 Any material adverse occurrence or anticipated occurrence relating to the Grant Funded Activities.

8.3.5 If the Principal Investigator or any other member of the Team:-

8.3.5.1 has devoted or intends to devote substantially less effort to the Grant Funded Activities;

8.3.5.2 severs or intends to sever his connection with the Host Institution;

8.3.5.3 has been absent for a continuous period of three months or more;

8.3.5.4 has relinquished or intends to relinquish active direction of the Grant Funded Activities;

8.4 The Principal Investigator shall be employed or otherwise engaged by the Host Institution and the Host Institution shall ensure in his agreement that he is responsible to the Host Institution for the direction, management and pursuit of the Grant Funded Activities in all of its objectives and the efficient, proper and appropriate conduct of the Grant Funded Activities. 

8.5 The Host Institution shall, without limiting the generality of any of the foregoing provisions of this Clause 8:-

8.5.1 Be responsible for entering into a contract of employment or engagement with the Principal Investigator and each member of the Team and shall forthwith inform the HRB if any such contract is terminated during the Term and shall furnish to the HRB such information as it may reasonably require in relation to any replacement or additional member of the Team. 

8.5.2 Ensure that each such contract contains such terms and conditions as the Host Institution may require to enable it to comply with its obligations under the Grant Conditions. 

8.5.3 Ensure that the term of each such contract is strictly limited to the Term of the Grant unless the Host Institution wishes to retain the services of the Principal Investigator or any member of the Team for its own purposes and its own expense.

8.5.4 Ensure that all salary payments are appropriately adjusted to reflect any changes in personnel, as well as any circumstances such as absences, illness or resignation.

8.5.5 In the event that the duties of any member of the Team involve travel out of Ireland ensure that all necessary permits, licences and other approvals necessary to facilitate such travel are obtained and complied with.

8.5.6 Ensure that all costs incurred in relation to travel, attendance at conferences, subsistence and other similar costs comply with guidelines and rates from time to time issued by the Department of Finance. 

8.5.7 In the event of the Principal Investigator resigning during the Term take all reasonable steps to ensure that post graduate students supported by the Grant are given every opportunity to complete their degrees. 

8.5.8 Take all necessary steps to ensure that the Principal Investigator and the members of the Team are aware that the contract under which they are employed or otherwise engaged is with the Host Institution and not with the HRB and indemnify the HRB against any claim by the Principal Investigator or the members of the Team that they are an employee of or have otherwise been engaged by the HRB. 

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