Article I - Scope
#This Agreement between the Taipei Economic and Cultural
Representative Office in the United States (TECRO) and the
American Institute in Taiwan (AIT) provides a framework through
which AIT, through its designated representative, the National
Oceanic and Atmospheric Administration (NOAA), can provide
technical expertise, training, and scientific exchange
activities on a reimbursable basis to TECRO, through its
designated representative, the Central Weather Bureau of Taiwan
(CWB), in areas of mutual interest in the fields of meteorology
and forecast systems development. This Agreement supersedes the
previous agreement between the parties that became effective
September 5, 2007.

Article II - Authorities
A. 33 U.S.C. § 883d and e, which authorizes NOAA to enter into
agreements, with, and to receive and expend funds made
available by, any State or subdivision thereof, any Federal
agency, or any public or private organization, or individual,
for surveys or investigations authorized herein, or for
performing related surveying and mapping activities;
B. The Taiwan Relations Act of April 10, 1979, 22 U.S.C. § 3301
et seq., Public Law 96-8, which authorizes agencies of the
United States Government to perform services for, and to
accept funds in payment from AIT;
C. The Weather Service Organic Act, 15 U.S.C. § 313, which
authorizes the Secretary of Commerce to perform
meteorological services; and
D. An Agreement between the National Oceanic and Atmospheric
Administration (NOAA), U.S. Department of Commerce (DOC), and
AIT, that provides a framework through which NOAA can provide
technical expertise, training, and scientific exchange
activities on a reimbursable basis to AIT in areas of mutual
interest in the fields of meteorology and forecast systems
development.

Article III - Objectives
The broad objective of this Agreement is to establish a
framework to allow NOAA, acting as the designated representative
of AIT, to carry out reimbursable technical cooperation with
TECRO ’ s designated representative, 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 and implement weather
forecast systems for Taiwan;
C. To provide professional development and training for Taiwan
participants selected by TECRO, or its designated
representative CWB;
D. To exchange materials and information and transfer technology
from AIT ’ s designated representative, NOAA, to TECRO and
its designated representative CWB; and
E. To promote joint consideration of scientific and technical
exchange programs.

Article IV - Cooperative Activities
Cooperative activities will be determined after consultations
between AIT and its designated representative NOAA, and TECRO
and its designated representative CWB.
A. Activities under this Agreement may include conducting joint
research projects, developing systems specifications and
acquisition plans, developing meteorological observation,
processing and display systems, managing systems
implementation, exchanging information, exchanging scientists
and technical experts, convening seminars and meetings,
training participants, and engaging in other forms of
cooperation in the areas of weather forecasting systems and
related science and technology as may be mutually agreed.
B. TECRO and AIT will conclude Implementing Arrangements
regarding scientific cooperative activities to be conducted
under this Agreement. Each Implementing Arrangement shall be
subject to the terms of this Agreement, and if there is a
conflict between any provision(s) of an Implementing
Arrangement and this Agreement, then applicable provisions of
this Agreement shall govern.
C. Each Implementing Arrangement shall specify the technical
scope of the activities, management responsibilities,
specific funding arrangements, cost and schedule estimates,
procedures to be followed, treatment of intellectual
property, information dissemination procedures, liability,
and other appropriate matters.
D. All cooperative activities undertaken pursuant to specific
Implementing Arrangements under this Agreement shall be
subject to the respective and applicable laws, regulations,
policies, funding, and administrative procedures of AIT and
its designated representative NOAA, and of TECRO and its
designated representative CWB.

Article V - 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
representatives. Responsibility for managing the specific
activities undertaken, and the role of other entities in these
activities shall be determined mutually by TECRO and AIT and
their designated representatives and specified in the relevant
Implementing Arrangements.

Article VI - Responsibilities of AIT
AIT shall, through its designated representative NOAA, perform
the following activities and provide the following resources in
support of the joint project activities under this Agreement:
A. Provide overall management of the cooperative activities
under this Agreement;
B. Consult, as necessary and appropriate, with representatives
of other agencies;
C. Designate appropriate officials to be responsible for
coordination between the staff of its designated
representative, NOAA, and the staff of TECRO ’ s designated
representative, CWB;
D. Determine staffing requirements and select personnel,
institutions and firms as necessary to fulfill AIT ’ s
responsibilities for implementation of activities under this
Agreement. (This selection process will be carried out solely
on the basis of professional capability, academic
qualification, experience, and other merit factors. All
procurement actions will be conducted in accordance with
applicable Department of Commerce regulations.);
E. Provide all necessary logistical support to the staff of AIT
’ s designated representative NOAA and its contractors
including travel arrangements, per diem, and visa assistance,
in accordance with applicable Department of Commerce
regulations and contract terms; and
F. Provide administrative support including office space and
access to facilities, equipment, and services at sites of AIT
’ s designated representative NOAA for work performed by
NOAA in connection with activities under this Agreement.

Article VII - Responsibilities of TECRO
A. Pursuant to this Agreement, TECRO shall assist AIT in
obtaining visas and other documents necessary for personnel
of AIT ’ s designated representative NOAA who visit Taiwan
under the auspices of AIT in order to carry out activities
under this Agreement.
B. Pursuant to this Agreement, TECRO shall assist AIT in
obtaining 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 authority of TECRO ’ s
designated representative CWB, by personnel of AIT ’ s
designated representative NOAA, who are on Taiwan under the
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 of charges by the
authorities in the territory represented by TECRO. Neither
AIT, nor its designated representative NOAA, shall be
required to pay any duties or taxes in executing the terms
and conditions of this Agreement.

Article VIII - Financial Arrangements
A. TECRO shall provide funds to AIT for all personnel,
equipment, facilities, or other services provided to TECRO,
or its designated representative CWB, by AIT or its
designated representative NOAA, as required to carry out
activities pursuant to this Agreement and each respective
Implementing Arrangement.
B. AIT shall provide TECRO with documentation supporting
requests for reimbursement in accordance with applicable
financial regulations and practice of AIT and its designated
representative NOAA.
C. Pursuant to Article IV, each Implementing Arrangement shall
specify funding and payment arrangements for activities
covered by that Implementing Arrangement and shall include an
estimated budget for at least the first year of activity.

Article IX - Intellectual Property Considerations
A. TECRO and AIT support the widest possible dissemination of
information provided, exchanged, or arising under this
Agreement subject to the need to protect proprietary
information and to comply with patent, and copyright
restrictions.
B. Details regarding intellectual property considerations and
information 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
belief of the transmitting party, but the transmitting party
does 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 party warrants
the accuracy of the jointly developed information or its
suitability for any particular use or application by either
party or by any third party.

Article X - Liability
Except for damage to, or loss of, property of AIT, or of its
designated representative, NOAA, that is caused by AIT or NOAA
personnel, TECRO agrees to indemnify AIT, and its designated
representative, NOAA, for any acts or omissions by TECRO and/or
its representatives and their personnel resulting in damage to,
or loss of, such property, arising out of activities associated
with this Agreement.

In addition, all property made available to TECRO and/or public
or private interests under this Agreement or its Implementing
Arrangements is tested and quality controlled under applicable
procedures implemented by AIT ’ s designated representative
NOAA. After CWB tests and accepts such property, neither AIT nor
its designated representative NOAA, makes any warranties, either
expressed or implied, regarding the proper functioning of the
equipment, including any systems hardware or software, or the
accuracy of any data obtained from such equipment. Neither AIT
nor its designated representative NOAA, assume any liability to
TECRO or other recipients of such property or data, nor are AIT
or NOAA obligated to reimburse or indemnify TECRO or other
recipients for property damage, personal injury, death, or any
losses whatsoever.

Article XI - Period of Agreement and Modification/Termination
This Agreement will become effective when signed by all parties
on the date of the last signature hereafter. The Agreement will
terminate on June 30, 2016, but may be amended at any time by
mutual consent of TECRO and its designated representative CWB
and AIT and its designated representative NOAA. The parties will
review this Agreement annually to determine whether it should be
revised, renewed, or cancelled. Any party may terminate this
Agreement by providing sixty (60) days written notice to the
other party and its designated representative. Termination of
this Agreement also terminates at the same time all Implementing
Arrangements issued hereunder, unless they have been previously
terminated. It is understood that an attempt will be made to
reach mutual agreement on the termination dates to allow orderly
termination of activities and repatriation of personnel. The
equitable adjustment for any termination shall provide for
payment to AIT ’ s designated representative NOAA for services
rendered and expenses incurred prior to the termination, in
addition to termination settlement costs reasonably incurred by
NOAA relating to commitments that became firm prior to
termination.

Article XII – Other Provisions
Should disagreements arise regarding the interpretation of the
provisions of this agreement, or amendments and/or revisions
thereto, that cannot be resolved at the operating level, the
area(s) of disagreement shall be stated in writing by each party
and presented to the other party for consideration. If agreement
in interpretation is not reached within thirty days, the parties
shall forward the written presentation of the disagreement to
respective higher officials for appropriate resolution.


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

Ta Tung Chang Barbara J. Schrage
Deputy Representative Managing Director

Date:Mar.6.2012 Date:12/1/11