The contractor warrants that the exclusive rights and the modes of exploitation may be exercised by the contracting authority on all parts of the results , be it via a transfer of ownership of the rights, on those parts which were specifically created by the contractor, or via a licence of the pre-existing rights, on those parts consisting of pre-existing materials . 

Where pre-existing materials  are inserted in the results , the contracting authority may accept reasonable restrictions impacting on the above list, provided that the said materials are easily identifiable and separable from the rest, that they do not correspond to substantial elements of the results , and that, should the need arise, satisfactory replacement solutions exist, at no additional costs to the contracting authority. In such case, the contractor will have to clearly inform the contracting authority before making such choice and the contracting authority has the right to refuse it. 

## II.13.4. Identification of pre-existing rights 

When delivering the results , the contractor must warrant that, for any use that the contracting authority may envisage within the limits set in this contract, the newly created parts and the pre-existing material  incorporated in the results  are free of claims from creators  or from any third parties and all the necessary pre-existing rights  have been obtained or licensed. 

To that effect, the contractor must establish a list of all pre-existing rights  to the results  of this contract or parts thereof, including identification of the rights’ owners. If there are no pre- existing rights to the results , the contractor must provide a declaration to that effect. The contractor must provide this list or declaration to the contracting authority together with the invoice for payment of the balance at the latest. 

## II.13.5. Evidence of granting of pre-existing rights 

Upon request by the contracting authority, the contractor must, in addition to the list mentioned under Article II.13.4., provide evidence that it has the ownership or the right to use all the listed pre-existing rights , except for the rights owned or licensed by the Union. The contracting authority may request this evidence even after the end of this contract. 

This provision also applies to image rights and sound recordings. 

This evidence may refer, for example, to rights to: parts of other documents, images, graphs, sounds, music, tables, data, software, technical inventions, know-how, IT development tools, routines, subroutines or other programs (‘background technology’), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin. 

This evidence must include, as appropriate: 

(a) the name and version number of a software product; 

(b) the full identification of the work and its author, developer, creator , translator, data entry person, graphic designer, publisher, editor, photographer, producer; 

(c) a copy of the licence to use the product or of the agreement granting the relevant rights to the contractor or a reference to this licence; 

(d) a copy of the agreement or extract from the employment contract granting the relevant rights to the contractor where parts of the results  were created by its personnel ; 

(e) the text of the disclaimer notice if any. 

Provision of evidence does not release the contractor from its responsibilities if it is found that it does not hold the necessary rights, regardless of when and by whom this fact is revealed. 

The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final results . 

## II.13.6. Quotation of works in the result 

In the result , the contractor must clearly point out all quotations of existing works. The complete 

