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LETTER OF INTENT

1 PARTIES

Coordinator:

Turku University of Applied Sciences Ltd (Business ID: 2528160-3) Joukahaisenkatu 3 A 20520 Turku Essi Hillgren, essi.hillgren@turkuamk.fi, +358403550934 and Other parties:

IGITEGO ONG ( Business ID: 802503-7972) Karlstad Innovation Park, Sommargatan 101 A, 65637 Karlstad. SWEDEN D'amour Nordkvist, damourus@igitego.se, +46762004070 Name of organisation: Economisch Huis Oostende ; Name in English: Economic House of Ostend Graaf de Smet de Naeyerlaan 4, 8400 Oostende, Belgium Gunther Vanpraet, Gunther.vanpraet@economischhuis.be, +32479013790 HIVA Institute for Work and Society Oude Markt 13, 3000 Leuven Peter De Cuyper, peter.decuyper@kuleuven.be, +3216323175 Tampere University of Applied Sciences Kuntokatu 3, 33520 Tampere Marjo Harju, marjo.harju@tamk.fi, +358406314421 Lahti University of Applied Sciences Niemenkatu 73, 15140 Lahti Marja Kiijärvi-Pihkala, marja.kiijarvi-pihkala@lamk.fi, +358447081830

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2 SCOPE

2.1 The scope of this Letter of Intent (hereinafter ”LoI”) is a project (hereinafter ”Project”)

called Employing Immigrants via networks and mentoring that is described in the at-

tached Transnational Cooperation Agreement (Annex 1). This LoI aims at an agree-

ment on the provisions according to which the parties join the Project during its prep-

aration phase and according to which the parties intend to join the Project implemen-

tation at a later phase.

2.2 The prerequisite for the project realization is a positive funding decision. After this the

parties will draw up a project cooperation agreement concerning the more detailed

provisions of the project implementation. The project cooperation agreement will be

drawn up before starting the project implementation.

2.3 The coordinator of the project shall be Turku University of Applied Sciences Ltd. The

responsible party may accept the project participation of other parties than those men-

tioned above in point 1.

3 VALIDITY OF THE CONTRACT

3.1 This LoI comes into force after the signatures of the parties and is valid until the project

agreement referred in point 2.2 comes into force. If the funding decision is negative

this LoI shall terminate automatically at the day of the funding decision.

4 RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 All partners are responsible of carrying out tasks and duties agreed together in this

TCA. International cooperation and activities related to transnational cooperation

need to be written to national project application. Partners are responsible of costs

caused from international cooperation. Cost are going to be covered from partners'

respective national projects. No money transfer between partners.

4.2 If the funding decision for the Project is positive, each party undertakes to draft the

Project cooperation agreement, commit themselves to the goals of the Project and will

participate

in the steering group work

in the operational tasks required in the Project

in providing the resources for the Project according to the transnational cooper-

ation agreement

If the Project is still lacking a jointly approved project plan at the time of the positive

funding decision, the parties undertake to draw up a project plan together without de-

lay.

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4.3 Each partner undertakes to carry out the tasks and fulfil the duties set out above as

part of the transnational project, on the condition that they are granted ESF funding

set out in transnational cooperation agreement (Annex 1).

4.4 If for whatever reason any of the partners is not granted this support, this TCA must

be amended or cancelled. Subject to the agreement of their respective Managing Au-

thorities, the resulting ‘orphan’ partners may amend the TCA, optionally including

new partners, and explore with their Managing Authorities how the grant contracts

can be amended.

5 CONFIDENTIALITY

5.1 All such information that a party has disclosed to another party during the duration of

the LoI and that has been clearly marked as confidential, shall be kept secret. Orally

disclosed information intended to be confidential shall be confirmed in writing as con-

fidential to the receiver within seven (7) working days of the disclosure.

5.2 The parties undertake not to disclose the confidential information to any third party

without the written consent of the disclosing party and not to use the confidential infor-

mation to any other purposes than fulfilling the responsibilities according to this LoI.

5.3 If the LoI terminates due to a negative funding decision, the obligation of secrecy stays

in force three (3) years after the termination of the LoI.

6 MISCELLANEOUS

6.1 If the implementation of the Project or the decision of the funding authority require

amendments to the transnational cooperation agreement (annex 1), the total amount

of the provided financial plan, the allocation of the funding or to the working plan, the

amendments to the project plan will be discussed between the parties prior to submit-

ting the amendment proposal to the funding authority.

6.2 If the funding authority requests significant adjustments to the project plan and due to

these requests the party no longer has resources to participate in the Project imple-

mentation, the Party is entitled to withdraw from the project application by giving a

written notice to the responsible partner without delay. The withdrawal of one party

from the project application will not affect the validity of the LoI among the remaining

parties.

6.3 The amendments to this LoI shall be made in writing.

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6.4 The parties are independently responsible for the damages they cause to the other

parties and third parties. The liability cap for any possible damages by the parties to

the other parties, due to breaches of this letter of intent, is in all cases limited to ten

thousand (10 000) euros. The parties are not responsible for any indirect or conse-

quential damages. The limit of responsibility does not apply damages which have

been caused intentionally or with gross negligence.

6.5 A party is not responsible to another party for damages caused by negligence to fulfil

the contractual duties when this is caused by force majeure. Force majeure is

deemed to be an unusual event, which prevents or unreasonably complicates the ful-

filment of the contract by the deadline. Such force majeure may be war, revolt, natu-

ral catastrophe, interruption of energy distribution, fire, a strike or other labour action,

import or export ban or other equally unusual and significant situation beyond the

control of the parties, which the Party who failed to fulfil the contract could not have

been aware of or able to reasonably take into account when signing the contract.

6.6 This Agreement is to be governed by the laws of Finland excluding its rules for

choice of law. Disputes and claims relating to this Agreement shall be resolved pri-

marily through negotiations. If a dispute cannot be resolved through negotiations, the

dispute shall be submitted to the District Court of Varsinais-Suomi to be resolved pri-

marily through court connected mediation.

7 ANNEXES

Annex 1: Transnational Cooperation Agreement

     

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We commit ourselves to participate in the preparation and implementation of the Project identified in point 2.1 above as written in this LoI and its annexes. This agreement has been made in 6 similar copies, one for each party.

___________ ____. of ____________ 20____

(place) (date)

HIVA Institute for Work and Society

_____________________

(Name)

(Position)