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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on October 23,1981; Entered into force on October 23,1981.
 
WHEREAS, the American Institute in Taiwan, a non-profit corpora-
tion incorporated under the laws of the District of Columbia, U-
SA, hereinafter referred to as AIT, is in a position to arrange
for certain aeronautical equipment and services which the Coord-
ination Council for North American Affairs, hereinafter referre-
d to as the CCNAA, requires and has determined should be obtain-
ed from AIT:
NOW, THEREFORE, the Parites hereto mutually agree as follows:
ARTICLE Ⅰ
Purpose of Agreement; Administration
The purpose of this Memorandum of Agreement (MOA) is to establi-
sh a governing document, under which AIT will arrange, on a rei-
mbursable basis, logistical support, technical assistance, trai-
ning and miscellaneous technical support services to the CCNAA
to the extent possible.
ARTICLE Ⅱ
Liability
A. Hold Harmless-The CCNAA agrees to assist in the defense agai-
nst any suit brought against the AIT, or any instrumentality
or officer of the AIT or any agent or contractor of AIT, ari-
sing out of work performed under this Agreement. The CCNAA f-
urther agrees to hold the AIT or any agent or contractor of
AIT, or any instrumentality or officer of the AIT,harmless a-
gainst any claim by the CCNAA or any agency thereof, or any
entity or person in Taiwan or elsewhere for personal injury,
death, or property damage arising out of work performed under
this Agreement.
B. Damages-Except for damage to or destruction of AIT property
caused by the AIT or any AIT personnel or the personnel of a-
ny AIT agent or contractor, CCNAA agrees to reimburse AIT, f-
or any damage to, or destruction of AIT property or the prop-
erty of any AIT agent or contractor arising out of work under
this Agreement.
ARTICLE Ⅲ
Financial Provisions
A. The CCNAA shall arrange, and be responsible for, reimburseme-
nt to the AIT, in accordance with provisions set forth in an-
nexes made a part of this Agreement, the amount of costs inc-
urred by AIT, including all costs arising from expiration or
termination of the agreement or related annexes.
B. The CCNAA identifies the office to which the AIT will render
financial statements and consult on related financial matters
as:
International Commercial Bank of China
New York Agency
40 Wall Street
New York, New York 10005
C. AIT identifies the financial institution which CCNAA will wi-
re transfer payments to as:
Riggs National Bank of Washington,
D.C.
For the Account of, American Institute
in Taiwan Special Account #1
04-08-378-913
D. Agreement Number NAT-I-845 has been assigned by AIT to ident-
ify this project and should be referred to in all related co-
rrespondence.
ARTICLE Ⅳ
Annexes to Agreement
A. All services rendered under this Agreement shall be specified
in corresponding annexes which when duly signed by the Parti-
es, will become part of this Agreement. The Parties agree th-
at each annex will contain a description of the services to
be arranged by AIT for CCNAA, location of such services, the
manpower and other resources required to accomplish these ta-
sks, the estimated costs of the tasks and related payments,
planned implementation and duration.
B. Each annex to this Agreement will be identified in the follo-
wing manner: the number of the agreement followed by an Arab-
ic numeral. The first annex will be identified as NAT-I-845-1
.
ARTICLE Ⅴ
Amendments
Any changes in the services furnished, charges or other provisi-
ons of this Agreement, or its annexes, shall be formalized by a-
ppropriate written amendments which shall describe the nature of
the change. This Agreement may be amended by mutual consent of
the Parties for expansion of services requested.
ARTICLE Ⅵ
Effective Date, Duration, and Termination
This Agreement succeeds any previous agreements on the subject
matter set forth in Article Ⅰ.
This Agreement and related annexes expires ten (10) years from
the effective date unless extended by mutual agreement of both
Parties.
This Agreement or related annexes may be terminated at any time
by either Party by sixty (60) days notice in writing. All AIT c-
osts incurred as a result of termination of this Agreement or a-
ny of its annexes shall be reimbursed by the CCNAA to the AIT.
Termination of the basic Agreement also terminates all annexes.
This Agreement will become effective upon signature of the duly
authorized representatives of the CCNAA and AIT.
The CCNAA and the AIT agree to the provisions of this Agreement
as indicated by the signature of their duly authorized officers
.
COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS
BY: Peter B.T. Chang
TITLE: Deputy Representative
DATE: October 23,1981
THE AMERICAN INSTITUTE IN TAIWAN
BY: Joseph B. Kyle
TITLE: Corporate Secretary
DATE: September 24,1981
ANNEX 1
TO MEMORANDUM OF AGREEMENT BETWEEN
THE COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS
AND
THE AMERICAN INSTITUTE IN TAIWAN
ARICLE Ⅰ
Purpose of Annex
This annex relates to provision of publications, data, films, d-
rawings and associated documents relative to aeronautical relat-
ed subjects that the American Institute in Taiwan (AIT), is in a
position to arrange for, which the Coordination Council for Nor-
th American Affairs (CCNAA) requires, has funds available for a-
nd has determined should be obtained from AIT.
ARTICLE Ⅱ
Description of Services
A. At such location and such time as may be mutually agreed upon
by the CCNAA and AIT, the AIT will arrange to:
1 Provide technical and/or aeronautical related publications,
data, films, drawings and associated documentation.
2 Provide responses to technical inquiries which require min-
imal effort (projects which may require more than minimal
effort will be documented in a separate annex).
3 Pack and ship such items in accordance with instructions c-
ontained in subsequent correspondence.
B. The CCNAA will be responsible for securing any export licens-
es or other documents required to permit material furnished
under this annex to leave the United States.
C. The CCNAA will be responsible for all transportation costs a-
nd shipping charges incurred by AIT under the terms of this
annex.
D. The CCNAA will not hold AIT liable for loss or damage to mat-
erial while in transit.
E. The initial point of contact for CCNAA with AIT for all serv-
ices is:
American Institute in Taiwan
Rosslyn Center Building-17th Floor
1700 North Moore Street
Arlington, Virginia 22209
ARTICLE Ⅲ
Financial Provisions
A. The CCNAA shall arrange for reimbursement to the AIT for all
costs associated with providing the material and services. C-
osts will include acquisition, procurement or reproduction c-
osts plus logistics management costs, an administrative over-
head charge and transportation costs.
B. AIT bills for documentation, publications, data, film and dr-
awings will be rendered on an accrued cost basis quarterly.
Bills will contain a reference to the number assigned this a-
nnex (NAT-I-845-1) and identify material and/or services for
which charges are included. In cases where specific material
and/or services provided by AIT vary or their identity cannot
be properly reflected on the face of the bill, information a-
nd related costs will be identified on an appropriate attach-
ment to the bill.Payments for these services will be by wire
transfer, in United States dollars, to:
Riggs National Bank of Washington,
D.C.
For the Account of, American Institute
in Taiwan Special Account #1
04-08-378-913
C. Payments for billings are due within 45 days of receipt.
D. Late Payment: CCNAA is advised that late charges may be asse-
ssed at the rate of 3/4 of 1% (.0075) on overdue, undisputed
payments for each delinquent thirty (30) day period or porti-
on thereof.
E. AIT will render financial statements and consult on related
financial matters with the offic indicated in paragraph B, A-
rticle Ⅲ of the basic agreement (NAT-I-845).
ARTICLE Ⅳ
Amendments
Any changes in the services furnished, charges or other provisi-
ons of this annex shall be in accordance with Article V of the
basic agreement (NAT-I-845).
ARTICLE Ⅴ
Effective Date, Duration and Termination
This annex will become effective upon signature of the duly aut-
horized representatives of the CCNAA and the AIT and will remai-
n in effect for the term of the basic agreement. Either party m-
ay terminate this annex as provided for in Article Ⅵ of the ba-
sic agreement (NAT-I-845).
ARTICLE Ⅵ
Authority
The CCNAA and AIT agree to the provisions of this annex as indi-
cated by signature of their duly authorized officers.
COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS
BY: Peter B.T. Chang
TITLE: Deputy Representative
DATE: October 23, 1981
THE AMERICAN INSTITUTE IN TAIWAN
BY: Joseph B, Kyle
TITLE: Corporate Secretary
DATE: September 24,1981
ANNEX 2
TO
MEMORANDUM OF AGREEMENT
BETWEEN
THE COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS
AND
THE AMERICAN INSTITUTE IN TAIWAN
ARTICLE Ⅰ
Purpose of Annex
This annex is for the arrangement of aviation related training
in the United States for the Coordination Council for North Ame-
rican Affairs (CCNAA) by the American Institute in Taiwan (AIT).
Selection and training of personnel will be arranged and approv-
ed by CCNAA and is limited to people on Taiwan actively engaged
in aviation activities.
ARTICLE Ⅱ
Description of Services
A. The AIT shall arrange for the training of aviation personnel,
at such locations, and at such times, as may be mutually agr-
eed upon in writing by the CCNAA and the AIT. All services r-
endered under this annex shall be specified in corresponding
appendices which when signed by the duly authorized represen-
tatives of the parties, will become part of this agreement a-
nnex.
B. The Parties agree that each appendix will contain a descript-
ion of services to be arranged by the AIT for the CCNAA, loc-
ation of such services, the manpower and such other resources
repuired to accomplish these tasks, the estimated costs of t-
he tasks and related payments, planned implementation and du-
ration as well as established training quotas.
C. Each appendix to this annex will be identified in the follow-
ing manner: the number of the annex (NAT-I-845-2) followed by
an Arabic numeral beginning with 1, with subsequent appendic-
es to follow in numerical sequence. The first appendix shall
be identified as NAT-I-845-2-1.
ARTICLE Ⅲ
Financial Provisions
A. The CCNAA shall arrange to pay the AIT, in accordance with p-
rovisions set forth in appendices made a part of this annex,
the amount of actual costs incurred by AIT in arranging serv-
ices and overhead charges, including all costs arising from
the expiration or termination of this annex and appendices.
B. CCNAA will ensure that travel, living allowance, medical ins-
urance and other personal incidental expenses of student avi-
ation personnel will be paid directly to or for the students
by their sponsoring organization.
C. The CCNAA identifies the office to which the AIT will render
financial statements and consult on related financial matters
with the office indicated in paragraph B, Article Ⅲ of the
basic agreement (NAT-I-845).
D. Annex Number NAT-I-845-2 has been assigned by AIT to identify
this project and should be referred to in all related corres-
pondence.
E. Payments for billings are due within 45 days of receipt.
F. Late Payment: CCNAA is advised that late charges may be asse-
ssed at the rate of 3/4 of 1% (.0075) on overdue, undisputed
payments for each delinquent thirty (30) day period or porti-
on thereof.
ARTICLE Ⅳ
Amendments
Any changes in the services furnished, charges or other provisi-
ons of this annex or its appendices shall be in accordance with
Article Ⅴ of the basic agreement (NAT-I-845).
ARTICLE Ⅴ
Effective Date, Duration and Termination
This annex becomes effective upon signature of the duly authori-
zed representatives of the CCNAA and AIT and shall remain in ef-
fect until such time as the Agreement NAT-I-845, expires or is
terminated. This Annex and related appendices may be terminated
at any time by either party by sixty (60) days notice in writin-
g. Any such termination shall allow the AIT 120 days to close o-
ut the program operations. All AIT costs incurred as a result of
termination of this annex or any of its appendices shall be rei-
mbursed by the CCNAA to the AIT.
The CCNAA and AIT agree to the provisions of this Annex as indi-
cated by the signatures of their duly authorized officers.
Course Number, Number
Title, & Length Class Date to be
of Training Trained
COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS
BY: Peter B.T. Chang
TITLE: Deputy Representative
DATE: October 23,1981
THE AMERICAN INSTITUTE IN TAIWAN
BY: Joseph B. Kyle
TITLE: Corporate Secretary
DATE: September 24,1981
SAMPLE
APPENDIX NUMBER 1
BETWEEN
THE COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS
AND
THE AMERICAN INSTITUTE IN TAIWAN
This appendix identifies specific training to be arranged by AI-
T for the CCNAA, related estimates of cost and establishes paym-
ent procedures.
Ⅰ Proposed programs and estimated costs for training aviation
personnel:
Tuition Extended Location
Each Cost in U.S.
Ⅱ Financial Provisions/Procedures
A. The CCNAA shall arrange to reimburse the AIT quarterly for
its cost in providing services under this appendix. AIT b-
ills will:
1 Contain a reference to the appendix number assigned this
project (NAT-I-845-2-1);
2 Identify charges accrued at the time of billing and per-
iods covered;
3 Names of aviation personnel being trained and specific
courses they are enrolled in;
4 Be forwarded for payment in accordance with Article Ⅲ,
Agreement NAT-I-845.
B. The CCNAA shall arrange, and be responsible for, reimburs-
ement to AIT within forty-five (45) days from receipt of
bills. Payments shall be made by wire transfer, in U.S. d-
ollars, to:
Riggs National Bank of Washington,
D.C.
For the Account of, American Institute
in Tawain Special Account #1
04-08-378-913
Ⅲ Duration
The appendix will become effective upon signature of the duly a-
uthorized representatives of the AIT and CCNAA and will remain
in effect until services described herein, or as amended, are c-
ompleted. Either party may terminate this appendix as provided
for in Article Ⅵ of the basic agreement (NAT-I-845).
The CCNAA and AIT agree to the provisions of this appendix as i-
ndicated by signature of their duly authorized officers.
COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS
BY: Peter B.T. Chang
TITLE: Deputy Representative
DATE: October 23,1981
THE AMERICAN INSTITUTE IN TAIWAN
BY: Joseph B. Kyle
TITLE: Corporate Secretary
DATE: September 24,1981
AMERICAN INSTITUTE IN TAIWAN
TAIPEI OFFICE
TAIPEI, TAIWAN
AIT/T Date:
SUBJECT: ITO Number___________
TO :
1 English language requirements: Students completed DLI English
Language Proficiency Examination 79A on_______and have an Eng-
lish Comprehension Level (ECL) of more than 70.
2 The individuals listed above, who are civil aviation personnel
from Taiwan, are invited to proceed on or about _____ to ____
for the purpose of attending the course(s) indicated below:
Course(s) Dates Location
3 The costs of all travel and living allowances are the respons-
ibility of the Coordination Council for North American Affairs
(CCNAA).
4 Reservations have been arranged for students attending the ab-
ove course(s) at the following hotel:
5 Request for leave upon completion of training will be submitt-
ed direct by individuals to the CCNAA Office in Washington. W-
ritten approval in English from the appropriate authority to
the individuals will constitute approval of the leave and must
be obtained Prior to course completion. Students are not auth-
orized grant aid living allowance while in leave status. Upon
completion of leave, if approved, students will proceed to Ta-
iwan.
6 CCNAA attests that the students are in good health and have no
known medical problems.
7 Compliance with paragraphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 of a-
ttached Special Instuctions is directed.
8 Authority:
FOR THE DIRECTOR
Technical Section
DISTRIBUTION:
2-American Institute in Taiwan, 1700 North Moore Street, Arling-
ton, Va. 22209
2-American Institute in Taiwan, Taipei, Taiwan
2-Coordination Council for North American Affairs, 5161 River R-
d., N.W., Washington, D.C. 20016
10-Individual concerned
2-FAA, AIA-210/220, Washington, D.C. 20591
SPECIAL INSTRUCTIONS
1 No training other than that specified in ITO, Paragraph 2, Wi-
ll be conducted on the basis of this order.
2 The AIT will relieve from attendance at school and request the
return to Taiwan of any trainee who violates regulations or w-
ho otherwise is a detriment to the class as a whole. The AIT/T
will be informed when such action is contemplated in accordan-
ce with applicable regulations.
3 The American Institute in Taiwan and any agent or contractor
of AIT absolve themselves from any blame or financial respons-
ibility for injuries received by the Trainee listed herein wh-
ile in transit, while undergoing training or while in leave s-
tatus, and any responsibility for and personal or property da-
mage claim resulting from his action or actions.
4 The CCNAA will provide the Trainee concerned with sufficient
funds in American dollar instruments to meet all expenses whi-
le in the United States.
5 Trainee is permitted by CCNAA to purchase a power-driven vehi-
cle after arrival at training installation. Trainee must comp-
ly with state regulations for registration of power-driven ve-
hicles and will be required to purchase public liability and
property damage insurance in the amount required by law of the
state in which the vehicle is registered.
6 Trainee is authorized by CCNAA to travel by Personally Owned
Vehicle between stations while in the United States.
7 No dependents are authorized to accompany or join student.
8 No baggage will be transported at AIT expense.
9 Retainable instructional material for students will not be sh-
ipped to the trainee in Taiwan at AIT expense.
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