i. If the Framework Contract is signed by/on behalf of a group (joint tender), the group is jointly and severally liable under the conditions set out in Article II-5 (“Liability”). Europol will first claim the full amount to the company indicated as  Leader  of the group. 

ii. If the Leader  does not pay by the due date and if the amount cannot be offset in accordance with paragraph (2) (iii, a) above Europol may claim the full amount from any other member of the group. 

## Pre-existing IPR: 

## Intellectual property rights 

## Article II-13 

1. Unless specified otherwise in the Special Conditions and/or Tender Specifications, Europol shall not acquire ownership of any pre-existing  IPR , including background technology, which exists prior to the Framework Contract  for the purpose of this Framework Contact . 

2. Unless specified otherwise in the Special Conditions, a Specific Contract  or a Purchase Order  under the Framework Contract , the Contractor licenses pre-existing IPR to Europol on a non-exclusive, non-transferrable and perpetual basis to Europol. Europol may use pre-existing  IPR  as foreseen in the Framework Contract  and/or a Specific Contract  or Purchase Order . 

3. Licensing of any pre-existing  IPR  is at no cost to Europol unless a clear fee therefor was explicitly mentioned in the Special Conditions and subsequently ordered via a Specific Contract or Purchase Order . If specified in the Tender Specifications and/or in the Special Conditions, the Contractor may be requested to provide to Europol a list of all pre-existing IPR relevant for the purpose of the Framework Contract , prior to payment of an invoice under a Specific Contract  or Purchase Order . 

4. Unless specified otherwise in the Special Conditions, a Specific Contract  or Purchase Order  under the Framework Contract , pre-existing Europol IPR are owned by and remain with Europol. Europol grants to the Contractor a non-exclusive, non-transferrable and royalty free license to use Europol’s pre-existing IPR limited in scope and in time to fulfilment of Contractor’s contractual obligations towards Europol. 

## Resulting IPR: 

5. Unless specified otherwise in the Special Conditions and/or Tender Specifications, any results and/or IPR , obtained in performance of the Framework Contract , shall be owned solely by Europol, which may use, modify, publish, assign or transfer them as it sees fit, without geographical or other limitation. 

6. Unless specified otherwise in the Special Conditions and/or Tender Specifications, all rights are acquired by Europol from the moment the results are accepted by Europol. Acceptance  constitutes an effective assignment of rights from the Contractor to Europol. The payment of the price as set out in the Special Conditions, under Specific Contracts  or Purchase Orders  is deemed to include any fees payable to the Contractor in relation to acquisition of ownership of the results and rights by Europol, including all forms of exploitation and use of such results and rights. The acquisition of ownership of results and rights by Europol under this Framework Contract covers all territories worldwide. A reduction in the agreed payment to the Contractor (including without limitation, reduction in accordance with Article II-11 (“ Reduction in payment and off-setting” ) above) does not affect acquisition of rights by Europol under this paragraph. 

