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 January 12, 2005
Agreement between TECRO and AIT for Technical Cooperation
associated with the Establishment of Advanced Data Assimilation
and Modeling Systems (hereinafter referred to as the Agreement)
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 flooding rains produced by
both thunderstorms and tropical cyclones. Prediction of these
heavy rain events is made difficult by Taiwan's complex terrain
and the lack of traditional observations over the ocean
surrounding the island. AIT's designated representative, UCAR,
will assist TECRO's designated representative, CWB, with their
predictions of heavy rain events by providing software and
consulting services for the implementation and testing of
advanced data assimilation systems (e.g., VDRAS, WRFVar, HRLDAS,
ground-based GPS water vapor sensing, and WRF/DART) and weather
prediction systems (e.g., Autonowcaster and WRF). The detailed
tasks to be provided by AIT ’ s designated representative,
UCAR, are included in the attached Statement of Work. The
technical cooperation between the designated representatives of
AIT and TECRO will be performed in accordance with the terms and
conditions of the Agreement and this Implementing Arrangement
No.8.

ARTICLE IV – FINANCIAL PROVISIONS
TECRO agrees to provide fixed payments to AIT for all work
performed 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 work performed by UCAR in association with this
Implementing Arrangement. The total firm fixed price for
activities described in this Implementing Arrangement is
mutually agreed to be U.S. $1,026,000. TECRO agrees to transfer
fifty percent of the firm fixed price 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. 8. It is
agreed and understood that payments 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,
WRFVar, 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 2011 and
the completion date of tasks described in this Implementing
Arrangement is 31 December 2011. 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 IN
CULTURAL REPRESENTATIVE OFFICE TAIWAN:
IN THE UNITED STATES:
Leo Lee Barbara J. Schrage
Deputy Representative Managing Director
July 27, 2011 May 16, 2011