ARTICLE I-SCOPE
This Agreement between the American Institute in Taiwan (AIT) a-
nd the Coordination Council for North American Affairs (CCNAA)
provides a framework through which the U.S. Geological Survey (
USGS), the designated representative of AIT, can provide techni-
cal expertise, training, and scientific exchange activities on
areimbursable basis to the Central Weather Bureau of Taiwan (CWB
), the designated representative of CCNAA, in areas of mutual i-
nterest in the field of seismology and earthquake monitoring sy-
stems development.
ARTICLE II-AUTHORIZATION
This Agreement s entered into pursuant to the Taiwan Relations
Act of April 10, 1979, Public Law 96-8 (22 USC 3301 et seq.)
ARTICLE III-OBJECTIVES
The broad objective of this Agreement is to establish a framewo-
rk to allow USGS, acting as the designee of AIT, to carry out r-
eimbursable technical cooperation with the CWB under an AIT-CCN-
AA Agreement. The technical objectives of the cooperation are:
A.To undertake cooperative activities that will strengthen the
earthquake monitoring and early warning capability of Taiwan.
B.To provide technical assistance to plan and implement earthqu-
ake monitoring and early warning systems for Taiwan.
C.To provide professional development and training for Taiwan p-
articipants designated by CCNAA's designated representative,
CWB.
D.To exchange materials and information, and to transfer techno-
logy from AIT's designated representative, USGS, to CCNAA's d-
esignated representative, CWB.
E.To promote joint consideration of scientific and technical ex-
change programs.
ARTICLE IV-COOPERATIVE ACTIVITIES
Cooperative activities will be determined after consultations b-
etween AIT, and its designated representative, USGS, and CCNAA,
and its designated representative, CWB.
A.Activities under this Agreement may include the conducting of
joint research projects, developing systems specifications and
acquisition plans, developing earthquake observation, process-
ing and display systems, managing systems implementation, exc-
hanging information, exchanging scientists and technical expe-
rts, convening seminars and meetings, training CWB staff memb-
ers, and other forms of cooperation in the areas of earthquake
monitoring and early warning systems and related science and
technology as may be mutually agreed.
B.AIT and CCNAA will conclude Implementing Arrangements concern-
ing specific cooperative activities to be conducted under this
Agreement.
C.Each Implementing Arrangement shall specify the technical sco-
pe of the activities, management responsibilities, specific f-
unding arrangements, cost and schedule estimates, procedures
to be followed, treatment of intellectual property, liability
and other appropriate matters.
D.All Cooperative activities undertaken pursuant to specific Im-
plementing Arrangement under this Agreement shall be subject
to the respective and applicable laws, regulations, policies,
funding and administrative procedures of AIT, and its designa-
ted representative, USGS, and CCNAA, and its designated repre-
sentative, CWB.
ARTICLE V-RESPONSIBILITIES OF AIT
AIT shall carry out its responsibilities pursuant to this Agree-
ment with due diligence and efficiency.
A.AIT shall, through its designated representative, USGS, keep
accurate and systematic accounts and records with respect to
the services provided pursuant to this Agreement in such form
and detail as is customary, and shall permit CCNAA, or its de-
signated representative, CWB, to inspect same and make copies
thereof.
b.AIT shall, through its designated representative, USGS, furni-
sh to CCNAA, or its designated representative, CWB, such info-
rmation related to the services AIT shall provide to CCNAA pu-
rsuant to this Agreement as may be reasonably requested.
C.Upon completion of specific services provided to CCNAA by AIT,
as delineated in the implementing Arrangements to this Agreem-
ent, AIT shall deliver to CCNAA, or to its designated represe-
ntative, CWB, all reports, calculations, comments, suggestions
, and relevant technical data compiled or prepared by AIT, or
its designated representative, USGS, in and under this Agreem-
ent. Such shall become the sole property of CCNAA, or its des-
ignated representative, CWB, pursuant to this Agreement.
D.To the extent that funds are made available to AIT by CCNAA,
AIT, through its designated representative USGS, will make av-
ailable such qualified personnel, equipment and facilities ne-
cessary to carry out activities pursuant to this Agreement.
E.AIT, through its designated representative, USGS, shall provi-
de suitably qualified personnel who are acceptable to CCNAA a-
nd to CCNAA's designated representative, CWB. Personnel will
be selected on merit factors such as education, experience and
expertise.
F.AIT, through its designated representative, USGS, shall provi-
de all technical and administrative support and other require-
ments as may be necessary to complement and supplement the se-
rvices of personnel of AIT's designated representative, USGS,
who are in Taiwan under the auspices of AIT.
ARTICLE VI-RESPONSIBILITIES OF CCNAA
A.Pursuant to this Agreement, CCNAA shall assist AIT in obtaini-
ng visas and other documents necessary for personnel of AIT's
designated representative, USGS, who visit Taiwan under the a-
uspices of AIT in order to carry out this Agreement.
B.Pursuant to this Agreement, CCNAA shall assist AIT in obtaini-
ng the necessary permits and authorizations for carrying out
the assistance specified in the Implementing Arrangements to
this Agreement, including access to facilities and areas under
the jurisdiction of CCNAA's designated representative, CWB, by
personnel of AIT's designated representative, USCS, who are in
Taiwan under the auspices of AIT.
C.CCNAA shall, pursuant to this Agreement, assure that AIT, and
its designated representative, USGS, are held free and clear
of all customs duties and imposition charged by the authoriti-
es in the territory represented by CCNAA. Neither ATT nor its
designated representative, USGS, shall be required to pay any
duties or taxes in executing the terms and conditions of this
Agreement.
ARTICLE VII-FINANCIAL ARRANGEMENTS
A.Activities under this Agreement are conducted on a fully reim-
bursable basis unless other arrangements are specified and mu-
tually agreed to in Implementing Arrangements to this Agreeme-
nt.
B.CCNAA shall pay all costs associated with services provided to
CCNAA, or its designated representative, CWB, under this Agre-
ement.
C.AIT shall provide CCNAA with documentation supporting requests
for reimbursement in accordance with standard financial regul-
ations and practice of AIT and its designated representative,
USGS.
D.CCNAA shall make necessary arrangements to reimburse AIT for
all actual costs incurred by AIT, or its designated represent-
ative, USGS, in association with this Agreement.
E.Pursuant to Article IV, each Implementing Arrangement shall s-
pecify funding and payment arrangements far activities covered
by the Implementing Arrangement and shall include an estimated
budget for at least the first year of activity.
ARTICLE VIII-INTELLECTUAL PROPERTY CONSIDERATIONS
A.AIT, and its designated representative, USGS, and CCNAA, and
its designated representative, CWP, support the widest possib-
le dissemination of information provided, exchanged or arising
under this Agreement, subject to the need to protect pre-exis-
ting proprietary information, patent and copyright restrictio-
ns.
B.Details concerning intellectual property considerations and i-
nformation dissemination procedures will be specified in each
implementing Arrangement to this Agreement.
C.Information transmitted by either party to this Agreement to
the other party shall be accurate to the best knowledge and b-
elief of the transmitting party, but the transmitting party d-
oes not warrant the suitability of the information transmitted
for any particular use or application by the receiving party
or by any third party. Information developed jointly by the p-
arties shall be accurate to the best knowledge and belief of
both parties. Neither party warrants the accuracy of the join-
tly developed information or its suitability for any particul-
ar use or application by either party or by any third party.
ARTICLE IX-LIABILITY
CCNAA shall assist in the defense against any suit brought agai-
nst the Government of the United States, AIT, AIT's designated
representative, USGS, or any instrumentality or officer of the
United States arising out of activities associated with this Ag-
reement. CCNAA further agrees to hold the United States, AIT, A-
IT's designated representative, USGS, or any instrumentality or
officer of the United States, harmless against any claim by CCN-
AA, CCNAA's designated representative CWB, or any entity or per-
son in Taiwan or elsewhere for personal injury, death or proper-
ty damage arising out of work performed under this Agreement.
Except for damage to, or destruction of, property of AIT, or its
designated representative,
USGS, caused by personnel of AIT, or its designated representat-
ive, USGS, CCNAA agrees to reimburse AIT, or its designated rep-
resentative, USGS, for any damage to or destruction of property
belonging to AIT, or its designated representative, USGS, arisi-
ng out of activities associated with this Agreement.
ARTICLE X-EFFECTIVE DATE
This Agreement will become effective on the date of the last si-
gnature hereafter.
ARTICLE XI-AMENDMENT AND TERMINATION
This Agreement and its Implementing Arrangements, may be amended
by the mutual written agreement of AIT and CCNAA.
This Agreement may be terminated by either party at any time by
notification to the other party in writing sixty days in advance
of the desired termination date. It is understood that an attem-
pt will be made to reach mutual agreement on the termination da-
tes to allow orderly termination of activities and repatriation
of personnel.
ARTICLE XII-RESOLUTION OF DIFFICULTIES
AIT and CCNAA shall consult, upon request of either party, rega-
rding any matter related to the terms of this Agreement, and sh-
all endeavor jointly, in a spirit of cooperation and mutual tru-
st, to resolve any difficulties or misunderstandings that may,
arise.
FOR THE AMERICAN INSTITUTE FOR THE COORDINATION
IN TAIWAN COUNCIL
FOR NORTH AMERICAN AFFAIRS
[Signed] [Signed]
Deputy Managing Director Deputy :Representative
DATE: July 22, 1992 DATE: July 24, 1992