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Subaward Agreement

Subaward Agreement Template for South Africa

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Key Requirements PROMPT example:

Subaward Agreement

"I need a Subaward Agreement for a medical research project where my university will delegate genomics research work to a private laboratory in Cape Town, with a budget of R5 million and strict data protection requirements for patient information."

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Document background
The Subaward Agreement is a crucial document used in South African research and development contexts when a primary award recipient needs to formally delegate part of their funded project to another organization. This type of agreement is particularly important in academic, scientific, and research environments where collaboration between institutions is common. The document must comply with South African legislation, including the Public Finance Management Act, Intellectual Property Rights from Publicly Financed Research and Development Act, and other relevant regulations. It typically includes detailed provisions for project scope, financial management, reporting requirements, intellectual property rights, and compliance obligations. The Subaward Agreement serves as a bridge between the primary award terms and the delegated work, ensuring that all parties understand their roles, responsibilities, and obligations under both the primary award and South African law.
Suggested Sections

1. Parties: Identification of the primary recipient (subawarder) and the subawardee, including their legal details and authorized representatives

2. Background: Context of the primary award and the reason for the subaward arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including project-specific terminology

4. Scope of Work: Detailed description of the work to be performed by the subawardee, including objectives and deliverables

5. Period of Performance: Start and end dates of the subaward, including any potential extension periods

6. Financial Provisions: Budget allocation, payment terms, allowable costs, and financial reporting requirements

7. Technical and Financial Reporting: Requirements and deadlines for technical progress reports and financial reports

8. Compliance with Laws: Obligation to comply with applicable South African laws and regulations

9. Intellectual Property Rights: Management and ownership of IP created during the project, aligned with South African IP laws

10. Confidentiality: Protection of confidential information and data privacy requirements

11. Termination: Conditions and processes for early termination of the agreement

12. Dispute Resolution: Procedures for resolving disputes, including applicable South African jurisdiction

13. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Flow-down Provisions: Specific terms from the primary award that must be passed down to the subawardee, used when required by the primary funder

2. Equipment and Assets: Management and ownership of equipment purchased under the subaward, included when significant equipment purchases are anticipated

3. Employment and Labor: Terms regarding staff employed under the subaward, included when staff will be hired specifically for the project

4. Foreign Exchange Provisions: Terms dealing with currency exchange and international transfers, included for international funding

5. Data Management: Specific requirements for data collection, storage, and sharing, included when the project involves significant data collection

6. Publication Rights: Terms governing the publication of research results, included for research-focused projects

7. Environmental Compliance: Environmental protection requirements, included when project has environmental impacts

8. Ethics and Research Compliance: Special requirements for human subjects or animal research, included for research involving these elements

Suggested Schedules

1. Schedule A - Scope of Work: Detailed technical description of the work to be performed, including methodology and timelines

2. Schedule B - Budget: Detailed budget breakdown including cost categories and payment schedule

3. Schedule C - Reporting Templates: Standard templates for technical and financial reporting

4. Schedule D - Key Personnel: List of key personnel and their roles in the project

5. Schedule E - Primary Award Terms: Relevant excerpts from the primary award that apply to the subaward

6. Schedule F - Compliance Requirements: Specific compliance requirements and certifications

7. Appendix 1 - Insurance Requirements: Details of required insurance coverage

8. Appendix 2 - Project Timeline: Detailed project timeline with milestones and deliverables

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Approved Budget
Background Intellectual Property
Confidential Information
Deliverables
Effective Date
Force Majeure
Foreground Intellectual Property
Grant
Intellectual Property Rights
Key Personnel
Material Breach
Overhead Costs
Period of Performance
Primary Award
Primary Funder
Project
Project Director
Project Plan
Research
Research Data
Research Materials
Research Results
Scope of Work
Subaward
Subawardee
Subawarder
Technical Report
Financial Report
Prime Agreement
Project Intellectual Property
Background
Commencement Date
Completion Date
Milestones
Principal Investigator
Progress Report
Project Site
Relevant Authority
Research Ethics Committee
Research Institution
South African Law
Sponsor
Technology Transfer
Termination Date
Third Party
Work Product
Clauses
Definitions
Interpretation
Grant of Subaward
Scope of Work
Term and Duration
Financial Provisions
Payment Terms
Budget Management
Technical Reporting
Financial Reporting
Intellectual Property Rights
Confidentiality
Data Protection
Research Compliance
Ethics Compliance
Publication Rights
Equipment and Materials
Personnel
Record Keeping
Audit Rights
Warranties and Representations
Indemnification
Insurance
Force Majeure
Termination
Dispute Resolution
Governing Law
Assignment
Amendments
Notices
Entire Agreement
Severability
Waiver
Foreign Exchange
Anti-Corruption
Research Ethics
Flow-down Provisions
Performance Standards
Risk Management
Compliance with Laws
Regulatory Approvals
Relevant Industries

Higher Education

Scientific Research

Healthcare and Medical Research

Technology and Innovation

Environmental Sciences

Social Sciences

Agricultural Research

Engineering

Biotechnology

Public Health

Energy Research

Mining and Minerals Research

Relevant Teams

Legal

Finance

Research Administration

Grants Management

Compliance

Project Management

Contract Administration

Research Operations

Technology Transfer

Risk Management

Relevant Roles

Research Director

Grant Manager

Legal Counsel

Finance Manager

Principal Investigator

Research Administrator

Compliance Officer

Contract Manager

Project Manager

Research Officer

Financial Controller

Research Coordinator

Institutional Review Board Administrator

Technology Transfer Officer

Industries
Public Finance Management Act (PFMA) No. 1 of 1999: Governs financial management in national and provincial governments, ensuring transparency and regulatory compliance in public funding
Intellectual Property Rights from Publicly Financed Research and Development Act No. 51 of 2008: Regulates intellectual property rights arising from publicly funded research and development
Protection of Personal Information Act (POPIA) No. 4 of 2013: Ensures protection of personal information processed by public and private bodies in research context
Income Tax Act No. 58 of 1962: Governs taxation aspects of research grants and funding
Financial Intelligence Centre Act (FICA) No. 38 of 2001: Regulates money laundering control and monitoring of financial transactions, particularly relevant for international funding
South African Contract Law: Based on common law principles, governs formation and enforcement of contracts including subaward agreements
Currency and Exchanges Act No. 9 of 1933: Regulates foreign exchange transactions if international funding is involved
National Research Foundation Act No. 23 of 1998: Provides framework for research support and funding administration in South Africa
Science and Technology Laws Amendment Act No. 16 of 2011: Governs scientific research and technology innovation funding and collaboration
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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