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), hereinafter referred to
individually as a “ Party ” and together as the “ Parties ”,
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.

Article II
Objectives
The broad objective of this Agreement is to establish a
framework to enable AIT, through its designated representative,
to carry out reimbursable technical cooperation with TECRO,
through its designated representative. The technical objectives
of the cooperation are:
A. To undertake cooperative activities that will strengthen the
weather forecasting capability of the authorities represented
by TECRO;
B. To provide technical assistance to plan and implement weather
forecast systems for the authorities represented by TECRO;
C. To provide professional development and training for
participants from the territory of the authorities
represented by TECRO selected by TECRO or its designated
representative;
D. To exchange materials and information and transfer technology
from AIT, through its designated representative, to TECRO,
through its designated representative; and
E. To promote joint consideration of scientific and technical
exchange programs.

Article III
Cooperative Activities
Cooperative activities will be determined after consultations
between the Parties, through their designated representatives.
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,
climate prediction systems, marine forecast systems,
meteorological observing systems, tsunami monitoring and
information exchange, providing technical assistance and
services for hardware or software upgrade or repair for new
or existing 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 laws, regulations, policies, funding, and
administrative procedures applicable to each of the Parties
and their designated representatives, respectively.

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
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 V
Responsibilities of AIT
AIT agrees to perform, through its designated representative,
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 authorities to be responsible for
coordination with the staff of TECRO ’ s designated
representative;
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 by AIT ’ s designated representative
will be conducted in accordance with applicable procurement
regulations.);
E. Provide all necessary logistical support to the staff of AIT
’ s designated representative and its contractors including
travel arrangements, per diem, and visa assistance, in
accordance with applicable regulations and contract terms;
and
F. Provide administrative support including office space and
access to facilities, equipment, and services at the sites of
AIT ’ s designated representative for work performed by NOAA
in connection with activities under this Agreement.

Article VI
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 who visit the territory
of the authorities represented by TECRO 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, by personnel of AIT ’ s
designated representative who are in the territory of the
authorities represented by TECRO in order to carry out
activities under this Agreement.
C. TECRO shall assure that AIT and its designated representative
are held free and clear of all customs duties and imposition
of charges by the authorities represented by TECRO in their
territory. Neither AIT, nor its designated representative
shall be required to pay any duties or taxes in executing the
terms and conditions of this Agreement.

Article VII
Financial Arrangements
A. TECRO shall provide funds to AIT for all personnel,
equipment, facilities, or other services provided to TECRO,
or its designated representative, by AIT or its designated
representative, 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.
C. It is estimated that for the duration of this Agreement
annual Implementing Arrangements will be approved, each
anticipated to be valued over $ 800,000 USD with funds
transferred from TECRO to AIT for services provided by AIT to
TECRO, through their designated representatives.
D. Fund transfers will occur pursuant to Article III.
Implementing Arrangements will be prepared through
discussions between the designated representatives with work
scope agreed by the designated representatives. The agreed
work scopes must be consistent with Article II – Objectives
of this Agreement.
E. Each Implementing Arrangement shall provide the scope and
schedule for activities covered by that Implementing
Arrangement and shall include an estimated budget for at
least the first year of activity or the duration of the task,
whichever is shorter. Individual Implementing Arrangements
can be of any duration as long as they terminate prior to the
expiration date of the Agreement.
F. Individual Implementing Arrangements may include optional
tasks that could be exercised at any time during the duration
of the implementing arrangements by a fund transfer and
instruction to execute the optional tasks.
G. Implementing Arrangements do not need to repeat provisions
found in this Agreement; rather, they shall make a statement
to confirm that the planned work is consistent with the
provisions of this Agreement.
H. AIT ’ s performance under this Agreement and NOAA ’ s
performance of work as the AIT Designated Representative
under this Agreement are subject to availability of funds.

Article VIII
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 pre-existing
proprietary information, 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 IX
Liability
Except for damage to, or loss of, property of AIT or of its
designated representative that is caused by AIT or NOAA
personnel, TECRO agrees to indemnify AIT and its designated
representative for any acts or omissions by TECRO and/or its
representatives 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 to TECRO and/or public
or private interests under this Agreement or its Implementing
Arrangements is tested and quality controlled by the standard
procedures implemented by AIT ’ s designated representative.
After CWB tests and accepts such property, neither AIT nor its
designated representative 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, 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 losses whatsoever.

Article X
Period of Agreement and Modification/Termination
This Agreement will become effective when signed by the Parties
on the date of the last signature hereafter. This Agreement will
terminate 5 years after the date of the last signature, but may
be amended at any time by mutual consent of AIT and TECRO. The
Parties will review this Agreement annually to determine whether
it should be revised, extended, or terminated. Any Party may
terminate this Agreement by providing sixty (60) days written
notice to the other Party. 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
for its designated representative 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 XI
Other Provisions
Should disagreements arise on the interpretation of the
previsions 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.


FOR THE TAIPEI FOR THE
ECONOMIC AND AMERICAN
CULTURAL INSTITUTE
REPRESENTATIVE IN TAIWAN
OFFICE IN THE
UNITED STATES
__________________ __________________
James K. J. Lee John J. Norris Jr.
Deputy Representative Managing Director

10-21-2016 10-20-2016
Date Date