ARTICLE I-SCOPE
This Agreement between the Taipei Economic and Cultural Represe-
ntative Office in the United States (TECRO) and the American In-
stitute in Taiwan (AIT) provides a framework through which the
National Oceanic and Atmospheric Administration (NOAA), the des-
ignated representative of AIT, can provide technical expertise,
training and scientific exchange activities on a reimbursable b-
asis to the Central Weather Bureau of Taiwan (CWB), the designa-
ted representative of TECRO, in areas of mutual interest in the
fiel of Scientific and Technology Systems Support, primarily su-
pporting the fields of meteorology, hydrology and climatology.
ARTICLE II-OBJECTIVES
The broad objective of this Agreement is to establish a framewo-
rk to allow NOAA, acting as the designee of AIT, to carry out r-
eimbursable technical cooperation with the CWB under a TECRO-AIT
Agreement. The technical objectives of the cooperation are:
A.to undertake cooperative activities that will strengthen the
weather forecasting capability of Taiwan;
B.to provide technical assistance to plan, implement and mainta-
in new scientific and technology systems primarily supporting
the fields of meteorology, hydrology and climatology;
C.to provide professional development and training for Taiwan p-
articipants selected by TECRO, or its designated representati-
ve CWB;
D.to exchange materials and information and transfer technology
from AIT's designated representative NOAA to TECRO's designat-
ed representative CWB; and
E.to promote joint consideration of scientific and technical ex-
change programs.
ARTICLE III-COOPERATIVE ACTIVITIES
Cooperative activities will be determined after consultations b-
etween TECRO and its designated representative CWB, and AIT and
its designated representative NOAA.
A.Activities under this Agreement may include developing, imple-
menting, maintaining and repairing meteorological observation,
processing and displaying systems, exchanging information, ex-
changing scientists and technical experts, convening seminars
and meetings, training participants, and other forms of coope-
ration in the areas of new scientific and technology systems
primarily supporting the fields of meteorology, hydrology and
climatology;
B.TECRO and AIT will conclude Implementing Arrangements concer-
ning specific cooperative activities to be conducted under th-
is Agreement. Each Implementing Arrangement shall be subject
to the terms of this Agreement, and if there is a conflict be-
tween any provision (s) of an Implementing Arrangement, and t-
his Agreement, then applicable provision(s) of this Agreement
shall govern.
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, and other appropriate matters.
D.All cooperative activities undertaken pursuant to specific im-
plementing Arrangements under this Agreement shall be subject
to the respective and applicable laws, regulations, policies,
funding and administrative procedures of TECRO and its design-
ated representative CWB, and of AIT and its designated repres-
entative NOAA.
ARTICLE IV-COORDINATION
Overall coordination of the activities covered by this Agreement
and its Implementing Arrangements and the provision of certain
administrative facilities and support for this Agreement shall
be the responsibility of TECRO and AIT and their designated rep-
resentatives. Responsibility for managing the specific activiti-
es undertaken, and the role of other entities in these activiti-
es, shall be determined mutually by TECRO and AIT and their des-
ignated representatives, and specified in the relevant Implemen-
ting Arrangement.
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 NOAA, keep a-
ccurate and systematic accounts and records with respect to t-
he services provided pursuant to this Agreement in such form
and detail as is customary, and shall permit TECRO, or its de-
signated representative CWB, to inspect same and make copies
thereof.
B.AIT shall, through its designated representative NOAA, furnish
to TECRO, or its designated representative CWB, such informat-
ion related to the services AIT shall provide to TECRO pursua-
nt to this Agreement as may be reasonably requested.
C.Upon completion of specific services provided to TECRO by AIT,
as delineated in the Implementing Arrangements to this Agreem-
ent, AIT shall deliver to TECRO, or its designated representa-
tive CWB, all reports, calculations, comments, suggestions, a-
nd relevant technical data compiled or prepared by AIT, or its
designated represen tative NOAA, in and under this Agreement.
Such shall become the sole property of TECRO, or its designat-
ed representative CWB, pursuant to this Agreement.
D.AIT, through its designated representative NOAA, shall provide
suitably qualified personnel who are acceptable to TECRO and
to TECRO's designated representative CWB. Personnel will be s-
elected on merit factors such as education, experience, and e-
xpertise.
E.AIT, through its designated representative NOAA, shall provide
all technical and administrative support and other requiremen-
ts as may be necessary to complement and supplement the servi-
ces of personnel of AIT's designated representative NOAA, who
are in Taiwan under the auspices of AIT.
ARTICLE VI-RESPONSIBILITIES OF TECRO
A.Pursuant to this Agreement, TECRO shall assist AIT in obtaini-
ng visas and other documents necessary for personnel of AIT's
designated representative NOAA, who visit Taiwan under the au-
spices of AIT in order to carry out this Agreement.
B.Pursuant to this Agreement, TECRO 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
jurisdiction of TECRO's designated representative CWB, by per-
sonnel of AIT's designated representative NOAA, who are in Ta-
iwan under auspices of AIT.
C.TECRO shall, pursuant to this Agreement, assure that AIT, and
its designated representative NOAA, are held free and clear of
all customs duties and imposition charged by the authorities
in the territory represented by TECRO. Neither AIT nor its de-
signated representative NOAA, shall be required to pay any du-
ties or taxes in executing the terms and conditions of this A-
greement.
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.TECRO shall provide funds to AIT for all personnel, equipment,
facilities, or other services provided to TECRO, or its desig-
nated representative CWB, by AIT or its designated representa-
tive NOAA, as required to carry out acitivites pursuant to th-
is Agreement and each respective Implementing Arrangement.
C.AIT shall provide TECRO with documentation supporting requests
for reimbursement in accordance with the standard financial r-
egulations and practice of AIT and its designated representat-
ive NOAA.
D.Pursuant to Article III, each Implementing Agreement shall sp-
ecify funding and payment arrangements for 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.TECRO and AIT support the widest possible dissemination of in-
formation provided, exchanged, or arising under this Agreement
subject to the need to protect preexisting proprietary inform-
ation, patent and copyright restrictions.
B.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 do-
es 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 parties shall be accurate
to the best knowledge and belief of both parties. Neither par-
ty warrants the accuracy of the jointly developed information
or its suitability for any particular use or application by e-
ither party or by any third party.
ARTICLE IX-LIABILITY
Except for damage to, or loss of, property of AIT or of its des-
ignated representative NOAA, which is caused by AIT or NOAA per-
sonnel, TECRO agrees to indemnify AIT, or its designated repres-
entative NOAA, for any acts or omissions by TECRO and/or its re-
presentatives and their employees resulting in damage to or loss
of such property arising out of activities associated with this
Agreement.
In addition, all property made available under this Agreement to
TECRO and/or other public or private interests is tested and qu-
ality controlled by the standard procedures implemented by NOAA.
After CWB tests and accepts such property, neither AIT nor its
designated representative NOAA, make any warranties, either exp-
ress or implied, concerning the proper functioning of its equip-
ment including any systems hardware or software, or the accuracy
of any data obtained from such equipment. Neither AIT nor its d-
esignated representative NOAA, assume any liability to TECRO or
other recipients of its property or data nor will they reimburse
or indemnify such parties for property damage, personal injury,
death, or any other losses whatsoever.
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 amend-
ed by the mutual written agreement of TECRO and AIT.
This Agreement shall continue until terminated by either party
at any time by notification to the other party in writing sixty
days in advance of the desired termination date. Termination of
this agreement also terminates at the same time all Implementing
Agreements issued hereunder, unless they have been previously t-
erminated. It is understood that an attempt will be made to rea-
ch mutual agreement on the termination dates to allow orderly t-
ermination of activities and repatriation of personnel.
ARTICLE XII-RESOLUTION OF DIFFICULTIES
TECRO and AIT 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 trust
to resolve any difficulties or misunderstandings that may arise.
FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE
CULTURAL REPRESENTATIVE IN TAIWAN
OFFICE IN THE UNITED STATES
[Signed] [Signed]
Peter P.C. Cheng Barbara J. Schrage
November 5, 1997 10/22/97
Date Date