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Subaward Agreement for Hong Kong

Subaward Agreement Template for Hong Kong

A legal agreement governed by Hong Kong law that enables a primary recipient of a grant or award to transfer a portion of their funding to another organization for the completion of specific project components or research activities. This document establishes the terms and conditions for the subaward, including scope of work, budget allocation, reporting requirements, and compliance obligations. It incorporates Hong Kong's common law principles while addressing specific research funding requirements, intellectual property rights, and regulatory compliance specific to the Hong Kong jurisdiction.

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What is a Subaward Agreement?

A Subaward Agreement is essential when a primary grant recipient needs to formally delegate part of their funded work to another organization. This document is commonly used in research institutions, universities, and organizations receiving government or private foundation grants in Hong Kong. The agreement details the relationship between the primary recipient (pass-through entity) and the subrecipient, outlining specific responsibilities, deliverables, and compliance requirements. Operating under Hong Kong law, it incorporates both local legal requirements and any flow-down provisions from the primary award. The document typically includes comprehensive details about project scope, budget allocation, reporting requirements, intellectual property rights, and regulatory compliance. It's particularly crucial for maintaining transparency and accountability in research funding while ensuring compliance with both institutional policies and Hong Kong regulatory requirements.

What sections should be included in a Subaward Agreement?

1. Parties: Identification of the prime awardee (pass-through entity) and the subawardee

2. Background: Context of the primary award and purpose of the subaward arrangement

3. Definitions: Key terms used throughout the agreement including those flowing down from the primary award

4. Scope of Work: Detailed description of the research/project activities to be performed by the subawardee

5. Period of Performance: Timeline for the subaward, including start and end dates, and any options for extension

6. Budget and Payment Terms: Approved budget, payment schedule, invoicing requirements, and financial reporting obligations

7. Technical and Financial Reporting: Requirements for progress reports, financial reports, and other deliverables

8. Compliance with Laws and Regulations: General compliance obligations including research integrity and ethics

9. Flow-down Provisions: Applicable terms and conditions from the primary award that must be passed through to the subawardee

10. Intellectual Property Rights: Ownership and rights to research outputs, inventions, and data

11. Confidentiality: Protection of confidential information exchanged during the project

12. Publication Rights: Terms governing the publication of research results

13. Termination: Conditions and procedures for early termination of the subaward

14. Dispute Resolution: Process for resolving disagreements between parties

15. General Provisions: Standard contractual terms including notices, amendments, and governing law

What sections are optional to include in a Subaward Agreement?

1. Human Subjects Research: Required when research involves human participants, covering IRB approvals and ethical compliance

2. Export Control: Required for international collaborations or when dealing with controlled technologies

3. Equipment: Required when significant equipment purchases are part of the subaward budget

4. Cost Sharing: Required when the subawardee has committed to providing matching funds or in-kind contributions

5. Program Income: Required when the research may generate income during the project period

6. Subcontracting: Required when the subawardee may need to engage additional subcontractors

7. Insurance Requirements: Detailed insurance obligations beyond standard requirements

8. Data Management: Specific requirements for data collection, storage, and sharing

9. Animal Research: Required when research involves animal subjects

10. Environmental Health and Safety: Required for research involving hazardous materials or specific safety protocols

What schedules should be included in a Subaward Agreement?

1. Schedule A - Scope of Work: Detailed technical description of the research activities and deliverables

2. Schedule B - Budget: Detailed budget breakdown and allowable costs

3. Schedule C - Payment Schedule: Timeline and conditions for payments

4. Schedule D - Reporting Requirements: Detailed reporting templates and submission schedules

5. Schedule E - Key Personnel: List of approved investigators and research staff

6. Schedule F - Flow-down Terms: Complete list of applicable primary award terms and conditions

7. Schedule G - Compliance Requirements: Specific regulatory and institutional compliance obligations

8. Appendix 1 - Primary Award: Copy of relevant portions of the primary award agreement

9. Appendix 2 - Technical Specifications: Detailed technical requirements and protocols

10. Appendix 3 - Forms and Ƶ: Required administrative and reporting forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






































Clauses











































Relevant Industries

Education

Research & Development

Healthcare

Biotechnology

Information Technology

Environmental Science

Engineering

Social Sciences

Medical Research

Non-Profit

Public Sector

Technology

Pharmaceutical

Agriculture

Energy

Relevant Teams

Legal

Research Administration

Finance

Compliance

Grants Management

Research Operations

Contracts Administration

Technology Transfer

Project Management

Risk Management

Relevant Roles

Research Administrator

Grants Manager

Principal Investigator

Legal Counsel

Contracts Manager

Research Director

Finance Manager

Compliance Officer

Project Manager

Department Head

Research Officer

Chief Financial Officer

Technology Transfer Manager

Research Development Officer

Operations Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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