The Project (Clause 2)
Beginning work before the agreement is signed
If work on the Project has already begun before the Agreement is signed and dated, it is important to make the Agreement apply retrospectively to work already done.
Resources
References to each of the parties/neither party should be used where the Sponsor is contributing resources in addition to the financial contribution and may be carrying out some of the research.
In the context of clause 2.2, the University may take the view that it should not be obliged to provide more resources than the Sponsor's financial contribution and any external funding allows. If that is the case, it may wish to add:
"and in the case of the University, this will be limited to the extent allowed by the Financial Contribution paid by the Sponsor and any External Funding the University receives for the Project"
at the end of the first sentence.
Ability to carry out the project
The purpose of clause 2.2.6 is to ensure that each party either has or will, at the appropriate time, obtain any consents and approvals (for instance regulatory and ethical) that may be necessary for it to carry out its responsibilities under the Project. This is unrelated to the warranty on Intellectual Property Rights in clause 7.1.
No guarantees
Clause 2.5 makes it clear that the success of the Project is not guaranteed; that is in the nature of a research project.
