If a researcher working for a third party to an ERC project publishes an article based on results of the project, do the open access provisions of Special Clause 39 ERC also apply in this case?

Q&A on the OA policy from the ERC:

"[Q:] IF A RESEARCHER WORKING FOR A THIRD PARTY TO AN ERC PROJECT PUBLISHES AN ARTICLE BASED ON RESULTS OF THE PROJECT, DO THE OPEN ACCESS PROVISIONS OF SPECIAL CLAUSE 39 ERC ALSO APPLY IN THIS CASE?

[A:] For ERC projects, the Special Clause 39 ERC refers to scientific publications related to foreground from the project (where 'scientific' includes publications in the Social Sciences and Humanities). Whether the researcher who has published the article works directly for the beneficiary or for a third party is irrelevant...."