The primary goal of CLARIAH is to develop an infrastructure that allows researchers from the humanities to do their research. Humanity scholars are found primarily in universities and KNAW research institutes. Hence, these institutions are the "natural partners" in the CLARIAH programme. But except for these traditional institutions, the CLARIAH project is also crucial to the 'users' of the humanities research: heritage institutions and public institutions such as parliament or university libraries.
Finally, also SMB-companies are actively involved in CLARIAH because of the potential to create new products and/or services that profit from the innovation in the infrastructure. By being involved from the beginning, companies are more aware of the latest developments, standards, tools and resources.
WHEREAS the Parties wish to co-operate in the development and exploitation of a large scale scholarly infrastructure, called CLARIAH-PLUS.
Consortium Partners (A)
- Data Archiving and Network Services (DANS), whose registered office is at Anna van Saksenlaan 51, The Hague, duly represented by Dr Peter Doorn, Director.
- Faculteit der Cultuur- en Maatschappijwetenschappen, Universiteit Maastricht (Faculty of Arts and Social Sciences (FASoS), Maastricht University), whose registered office is at Grotegracht 90-92, Maastricht, duly represented by S. Vanhoonacker, Dean FASoS.
- Fryske Akademie (Frisian Academy), whose registered office is at Doelestraat 8, Leeuwarden, duly represented by Prof dr Hanno Brand, directeur bestuurder.
- KNAW Koninklijke Nederlandse Akademie van Wetenschappen (Royal Netherlands Academy of Arts and Sciences, whose registered office is at Kloveniersburgwal 29, 1011 JV Amsterdam, duly represented by Prof. Dr. Jose van Dijck, President KNAW.
- LUCAS (Leiden University Centre for the Arts in Society) whose registered office is at P.N. Eyckhof 2, Leiden, duly represented by Prof dr A. Visser, Academic Director.
- Nationaal Archief (National Archives) whose registered office is at Prins Willem Alexanderhof 20, The Hague, duly represented by Marens Engelhard, General Director.
- NIAS KNAW (Netherlands Institute of Advanced Study in the Humanities and Social Sciences), whose registered office is at Korte Spinhuissteeg 3, 1012 CG Amsterdam, duly represented by Dr Theo Mulder, Director.
- Netherlands eScience Center whose registered office is at Amsterdam, duly represented by Prof dr Ir Wilco Hazeleger, CEO/Director.
- NIOD Instituut voor Oorlogs-, Holocaust- en Genocidestudies (NIOD Institute for War-Holocaustand Genocidestudies) whose registered office is at Herengracht 380, Amsterdam, duly represented by Prof dr Frank van Vree, Director.
- Radboud Universiteit Centre for Language Studies, whose registered office is at Erasmusplein 1, 6525 HT Nijmegen, duly represented by prof. dr. M.T.C. Ernestus, Director.
- Rijksuniversiteit Groningen (University of Groningen) whose registered office is at Oude Kijk in ‘t Jatstraat 26, 9722 EK Groningen, duly represented by Prof.dr. G.C. Wakker, Dean Faculty of Arts.
- Universiteit Leiden, Faculteit Geesteswetenschappen (Leiden University, Faculty of Humanities) whose registered office is at Rapenburg 70, 2311 EZ Leiden, duly represented by Prof dr M.R. Rutgers, Dean Faculty.
- Universiteit Utrecht (Utrecht University) whose registered office is at Heidelberglaan 8, Utrecht, duly represented by Prof dr K.A. Algra, Dean Faculty of Humanities.
- VU Vrije Universiteit (Free University), whose registered office is at Boelelaan 1105, Amsterdam duly represented by Prof dr M. ter Hark, dean VU/FGW.
(hereinafter referred to individually as a “Partner A” and collectively as “the Partners A”),
Consortium Partners (B)
- Huygens ING (Huygens Institute for the History of the Netherlands), whose registered office is at Oudezijds Achterburgwal 185, Amsterdam, duly represented by Prof dr Lex Heerma van Voss, Director.
- Instituut voor de Nederlandse Taal, whose registered office is at Matthias de Vrieshof 2, 2311 BZ Leiden, duly represented by Frieda Steurs, Director.
- Internationaal Instituut voor Sociale Geschiedenis (International Institute of Social History), whose registered office is at Cruquiusweg 31, 1019 AT Amsterdam, duly represented by Dr Henk Wals, Director.
- Koninklijke Bibliotheek (KB), (National Library of the Netherlands), whose registered office is at Prins Willem Alexanderhof 5, The Hague, duly represented by Dr Lily Knibbeler, Director.
- Meertens Instituut (Meertens Institute), whose registered office is at Oudezijds Achterburgwal 185, Amsterdam, duly represented by Prof Dr Antal van den Bosch, Director.
- Max Planck Instituut voor Psycholinguistiek (MPI), (Max Planck Institute for Psycholinguistics), whose registered office is at Wundtlaan 1, Nijmegen, duly represented by Prof dr Peter Hagoort, managing director.
- Nederlands Instituut voor Beeld en Geluid (Netherlands Institute for Sound and Vision), whose registered office is at Media Parkboulevard 1, 1217 WE Hilversum, duly represented by Jan Muller, Director.
(hereinafter referred to individually as a “Partner B” and collectively as “the Partners B”),
In this Agreement, the following terms shall have the following meanings:
A distributed scholarly infrastructure for digital research in the Humanities and related Sciences, which constitutes part of the Dutch contribution to the European CLARIN and DARIAH infrastructures.
A project to enlarge the CLARIAH infrastructure as described in the Grant Proposal which is appendix 1 to this agreement.
A Scholarly institution which is a member of the consortium building CLARIAH, without committing itself to keeping CLARIAH available.
A Scholarly institution which is a member of the consortium building CLARIAH, which commits itself to keeping CLARIAH running and available to the scholarly community for at least ten years after the start of the Project.
Designing, Constructing and Exploiting the CLARIAH-PLUS extension to CLARIAH, as described in the Grant Proposal.
The Governance Structure of the CLARIAH consortium, which is attached to this Agreement as Appendix 2.
LEAD Member and Authorised signatory
The Partners A and B agree that the Director of Huygens ING will be the lead member ("penvoerder") and authorises him as their agent to sign agreements in their name and on their behalf in relation to the Project. The Lead Member agrees to take all reasonable steps in every occasion to seek and obtain the prior consent of the Governance bodies as designated in the Governance Structures, or, when applicable, each of the other Partners A or B before signing agreements for the benefit of the Consortium.
PURPOSE OF THE CONSORTIUM
The purpose of the Consortium is to design, construct or have constructed CLARIAH-PLUS, and operate CLARIAH-PLUS for at least ten years after the start of the Project. The tasks of each Partner A or B in the Project, and the remuneration to be received for it, are delineated in the Grant Proposal. When the funding acquired is less than budgeted in the Grant Proposal, when more detailed work plans are required, further priorities have to be established or unforeseen circumstances or developments make changed or more detailed work plans necessary, these will be drawn up according to the rules laid down in the Governance Structure. Whenever Partners A or B will be assigned building or operating part of CLARIAH-PLUS they will receive an assignment letter which details the obligations and the funding concerned, and any special obligations related to the assignment. Funding will only take place Partners have signalled their agreement by returning a signed copy of the assignment letter.
COMMENCEMENT AND DURATION
This Agreement shall commence on the date the Project starts and shall continue for ten years after that date. The duration of this Agreement may be extended beyond the latter date at any time, by written agreement of the Partners B, for such period or periods as are deemed appropriate.
Partners A are the signatories to this agreement. Other institutes and research groups that are relevant to the Project can become Partners A. Their membership has to be approved by the Bestuur (Board) of CLARIAH. They sign a separate agreement which delineates their rights and obligations, and which is in accordance with the present agreement and the Governance Structure.
Partners B are the signatories to this agreement. New Partners B can be accepted by the consortium. Their membership has to be approved by the Raad van Toezicht (Supervisory Board) of CLARIAH. They sign a separate agreement which delineates their rights and obligations, and which is in accordance with the present agreement and the Governance Structure.
RESPONSIBILITIES OF THE INDIVIDUAL MEMBERS OF THE CONSORTIUM
- Partners A and B commit themselves to building CLARIAH-PLUS as designated by the Grant Proposal or further plans duly decided upon by the relevant bodies designated by the Governance Structure.
- Partners B commit themselves to keeping CLARIAH-PLUS running and available to the scholarly community for at least ten years after the start of the Project.
- No Partner can be forced to commit itself to build parts of CLARIAH-PLUS without its consent.
- Partners can withdraw from the agreement by written notice to the Lead Member. Withdrawing does not absolve a Partner from the duty to fulfil any obligation towards building and maintaining CLARIAH-PLUS accepted by the Partner before the withdrawal.
- Each Partner A or B shall ensure to take the necessary steps so that the Project under the agreement shall not be affected at any time due to any act or negligence on their part.
- Each Partner A or B undertakes to each other Partner to perform and fulfil on time the tasks assigned to it by the plans duly adopted by the Governing bodies, and to which it has agreed.
Partners A and B commit themselves, and all their staff working in the Project to share existing knowledge, technical information and data with other partners and their staff, as far as that is conducive for the Project, and existing legislation and agreements with other parties allow them to share. Partners A and B commit themselves and their staff to refrain from disclosing any knowledge, information or data of a confidential nature whenever they have received these (whether written or oral) as confidential or the confidential nature of the information should have been clear to them.
Partners A and B commit themselves and their staff to use information received from partners in the project solely in connection with the implementation of the Project and not otherwise for its own benefit or the benefit of any third party.
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree to use best efforts to resolve disputes in an informal manner. The Governance Structure details how decisions within the consortium are taken and disputes resolved. This Agreement shall be governed by and construed in accordance with Dutch law and the parties irrevocably agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the Courts in the Netherlands situated at Amsterdam.
Save as permitted for under this Agreement, neither this Agreement nor any of the rights and obligations under it may be sub-contracted or assigned by any party without obtaining the prior written consent of the other parties. In any permitted assignment, the assignor shall procure and ensure that the assignee shall assume all rights and obligations of the assignor under this Agreement and agrees to be bound to all the terms of this Agreement.
ACCESS TO CLARIAH-PLUS
All Partners A and B agree that they will make available in Open Access the data and tools collected, curated, built or enhanced within the Project. They will do so through their own channels and/or through websites or portals created by CLARIAH for that purpose, as agreed beforehand, or as soon as possible. Exceptions to this rule will be acceptable to CLARIAH when Partners can show with the relevant documents that they cannot allow open access because of IPR and copyright regulations, to protect privacy and on the basis of relevant legislation or on the basis of other rules that are legally binding to the Partners.