9. Article
If a demand for
reimbursement to the NMFA is not complied with by the Focal
Point, or a dispute related to a demand for reimbursement arises
that cannot be solved in accordance with Article 7.1, the Parties
may bring the dispute before Oslo Tingrett in accordance with
Article 1.7 of the Rules and Procedures.
Article 6.3
General
suspension of disbursements
1.The NMFA may, after having
consulted the Focal Point with a view to reaching a solution,
suspend payments if:
(a) information or documents
obtained by or provided to the NMFA indicate the presence of
systemic or widespread shortcomings regarding the management of
the financial contribution from the Norwegian Financial Mechanism
2004-2009 in the Beneficiary State, or
(b) a demand for
reimbursement related to any type of project assistance in the
Beneficiary State financed by the Norwegian Financial Mechanism
2004-2009 has not been complied with by the Focal Point.
2.The procedures referred to in
paragraphs 3 to 5 of Article 6.2 shall apply mutatis mutandis to
suspension of disbursements under this article.
3.If the situation referred to in
paragraph 1(a) of this article relate directly to this Fund, the
NMFA can apply the procedures under Article 6.1.
Chapter 7
Final
provisions
Article 7.1
Dispute
settlement
The Parties waive their rights to
bring any dispute related to the Grant Agreement before any
national or international court, and agree to settle such a
dispute in an amicable manner. This article shall be without
prejudice to paragraph 9 of Article 6.2.
Article 7.2
Waiver of
Responsibility
1.Any appraisal of the Fund
undertaken before or after its approval by the NMFA, does not in
any way diminish the responsibility of the Focal Point to verify
and confirm the correctness of the documents and information
forming the basis of the Grant Agreement.
2.Nothing contained in the Grant
Agreement shall be construed as imposing upon the NMFA or the
Financial Mechanism Office any responsibility of any kind for the
supervision, execution, completion, or operation of the Fund or
its sub-projects.
3.The NMFA does not assume any
risk or responsibility whatsoever for any damages, injuries, or
other possible adverse effects caused by the Fund or its
sub-projects, including, but not limited to inconsistencies in
the planning of the Fund, its sub-projects, other project(s) that
might affect it or that it might affect, or public discontent. It
is the full and sole responsibility of the Focal Point to
satisfactorily address such issues.
4.Neither the Focal Point, nor the
Intermediary, nor the end-recipients or any other party shall
have recourse to the NMFA for further financial support or
assistance to the Fund in whatsoever form over and above what has
been provided for in the Grant Agreement.
5.Neither the European Free Trade
Association, its Secretariat, including the Financial Mechanism
Office, its officials or employees, nor the NMFA, its members or
alternate members, nor the Kingdom of Norway, can be held liable
for any damages or injuries of whatever nature sustained by the
Focal Point or the Beneficiary State, the Intermediary,
end-recipients or any other third person, in connection, be it
direct or indirect, with the Grant Agreement.
Article 7.3
Language
1.All communications shall take
place in the English language.
2.To the extent that original
documents are not available in the English language, the
documents shall be accompanied by full and accurate translations
into English.
3.The Focal Point shall bear the
responsibility for the accuracy of the translation and the
possible consequences that might arise from any inaccurate
translations.
Annex 2
Annex 3
EEA Financial Mechanism
2004-2009
Norwegian Financial Mechanism
2004-2009
Fund set-up
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