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

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1.Signed on September 15 and September 10, 2008; Entered into force on January 1, 2008;
 
ARTICLE I – SCOPE
This Implementing Arrangement describes the cooperative
scientific, technical, engineering and administrative activities
to be undertaken by the American Institute in Taiwan (AIT) and
its designated representative, the University Corporation for
Atmospheric Research (UCAR), to provide consultancy services for
the Enhancement of the CWB Data Assimilation System. This is a
cooperative effort between the Taipei Economic and Cultural
Representative Office in the United States (TECRO), through its
designated representative, the Central Weather Bureau (CWB), of
the Ministry of Transportation and Communications (MOTC) and
AIT, through its designated representative, UCAR. This
Implementing Arrangement pertains to the Agreement (dated
January 12, 2005, hereinafter referred to as the Agreement)
between TECRO and AIT for Technical Cooperation associated with
the Establishment of Advanced Data Assimilation and Modeling
Systems and is a part of the Agreement.
ARTICLE II – AUTHORIZATION
The activities described in this Implementing Arrangement will
be carried out under the general terms and conditions
established by the Agreement. The Agreement was entered into by
the parties pursuant to the Taiwan Relations Act of April 10,
1979, Public Law 96-8 (22 USC 3301 et seq.).
ARTICLE III – SERVICES
Taiwan is extremely vulnerable to the passage of tropical
cyclones (TCs). In a typical year, three to four typhoons have
an impact on the island, with one or two making landfall.
However, a typhoon does not need to make direct landfall for
Taiwan to experience damaging winds and heavy rains. The
forecasting of typhoons around Taiwan is a very challenging
task, because Taiwan is surrounded by ocean, where there are few
traditional meteorological observations. AIT ’ s designated
representative, UCAR, will provide software and consulting
services for the implementation and testing of advanced data
assimilation systems (e.g., WRFVar and WRF/DART) into CWB ’ s
operational environment, land surface modeling and data
assimilation with HRLDAS system, and ground-based GPS water
vapor sensing. Tasks details, including specific work to be
performed, performance periods, and estimated cost for each task
are contained in the Statement of Work. The technical
cooperation between the designated representatives of TECRO and
AIT will be performed in accordance with the terms and
conditions of the Agreement and this Implementing Arrangement
No. 4.
ARTICLE IV – FINANCIAL PROVISIONS
TECRO is required to reimburse AIT for all costs incurred by AIT
’ s designated representative, UCAR, in association with the
project covered by this Implementing Arrangement. AIT will
transfer to UCAR all payments made by TECRO to AIT for costs
incurred by UCAR in association with this Implementing
Arrangement.
The total cost for activities described in this Implementing
Arrangement is mutually agreed to be U.S. $335,000. TECRO agrees
to transfer fifty percent of the funds to AIT within one month
after the signing of this Implementing Arrangement, with the
remaining fifty percent to be transferred upon completion of the
tasks set forth in this Implementing Arrangement No. 4. It is
agreed and understood that the payment will be provided in U.S.
dollars.
ARTICLE V – INTELLECTUAL PROPERTY CONSIDERATIONS
Intellectual Property - The parties agree that no Intellectual
Property or other Proprietary Information will be provided under
this Implementing Arrangement. Intellectual Property and
Proprietary Information are defined as software, designs,
processes, drawings, data, and modeling systems which includes,
but is not limited to, all versions, derivative works, updates,
improvements, modifications, enhancements and releases thereof,
patents, patent applications, continuations-in-part, inventor
rights in the United States and any foreign countries and
applications therefore. In the event that any activities under
this Implementing Arrangement require the use of the other party
’ s Intellectual Property or Proprietary Information, the
parties shall in good faith enter into negotiations to reduce to
a mutually agreeable writing the obligations and terms
associated with such understandings.
Public Domain Technology - The Weather Research and Forecasting
(WRF) model, as well as its associated data assimilation systems
(e.g., WRFVar, WRF/DART, HRLDAS), were developed by the National
Center for Atmospheric Research (NCAR) with significant
participation of the broad scientific community. The WRF model,
WRF-Var, WRF/DART, HRLDAS are in the public domain. Both parties
agree that the WRF model, WRFVar, WRF/DART, HRLDAS systems and
any modifications, revisions, enhancements, updates, or
improvements shall remain in the public domain and are not
considered Proprietary Information.
ARTICLE VI – EFFECTIVE DATE, AMENDMENT, AND TERMINATION
This Implementing Arrangement takes effect 1 January 2008 and
the completion date of tasks described in this Implementing
Arrangement is 31 December 2008. This Implementing Arrangement
may be amended and/or terminated in accordance with the terms
and conditions of the Agreement.


FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE
CULTURAL REPRESENTATIVE N TAIWAN
OFFICE IN THE UNITED STATES


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