Article I－Scope
This Agreement provides a framework by which the Taipei Economic
and Cultural Representative Office in the United States (TECRO),
through its designated representative, the Taiwan Environmental
Protection Administration (TEPA), and the American Institute in
Taiwan (AIT), through its designated representative, the
National Aeronauties and Space Administration (NASA), will
cooperate in areas of mutual interest in aerosol measurements.

Article II－Objectives
Under this Agreement, TECRO and AIT, through their respective
designated representatives, TEPA and NASA, will cooperate for
the mutually beneficial goal of significantly improving the
understanding of the properties and concentrations of aerosols
and their relationship on global and regional scales. This
effort will be accomplished by establishing one or more lidar
and/or sun photometer stations at mutually agreed sites, and
encouraging scientific collaboration between scientists from the
territories of the authorities represented by TECRO and AIT to
develop research programs based on the Taiwan network of
Micro-Pulse Lidar Network (MPLNET) and Aerosol Robotic Network
(AERONET) data along with aerosol and colud data available from
the global MPLNET and AERONET databases. Lidars profile the
vertical distribution of cloud and aerosol layers by
transmitting pulses of laser light into the atmosphere.
The time-of-flight between pulse transmission and reception,
along with the seed of light, is used to determine the height of
layers. The first eye-safe, semi-autonomous lidar system for
full-time atmospheric profiling was developed at NASA Goddard
Space Flight Center (GSFC). This lidar is referred to as the
Micro-Pulse Lidar (MPL). The MPLNET was created in 2000. The aim
of MPLNET is to acquire long-term observations of aerosol and
cloud vertical profiles at unique geographic sites collocated
with sunphotometers in the NASA AERONET or similar projects. Sun
photometers are used to measure vital column aerosol optical
properties and water vapor, and are used to calibrate the MPL
data. AERONET provides globally distributed observations of
spectral aerosol optical depths, and precipitable water in
geographically diverse aerosol regimes. NASA is establishing a
global network of MPL and sun photometer instruments in
cooperation with partner agencies in other territories.

Article III－Responsibilities
Given the mutual interest in aerosol measurements, TECRO and AIT
agree to take steps to oblige their designated representatives
TEPA and NASA, respectively, to perform the obligations detailed
below.
1. TECRO, through its designated representative, TEPA, will use
reasonable efforts to:
A. Provide utilities (electricity and communications),
security, and housing for the station(s) at mutually-agreed
location(s);
B. Provide personnel necessary for the installation, full-time
operation and nominal Maintenance of the stations(s);
C. Use the equipment for network operations only as intended
under this Agreement;
D. Encourage scientific collaboration between scientists from
the territories of the authorities represented by TECRO and
AIT in the area of sun photometry, aerosol research, and
related sciences;
E. Return the network equipment to AIT’s designated
representative NASA, at NASA’s expense, on a twelve-month
rotation for maintenance and calibration; and
F. Cooperate with the international team of AERONET
investigators on ground-based lidar and sun photometer
observations for clouds and aerosols.
G. TECRO’s designated representative, TEPA, has
responsibility for laser safety at all MPLNET sites within
Taiwan, and will provide adequate laser-safety protocols in
accordance with the requirements of the authorities
represented by TECRO.
2. AIT, through its designated representative, NASA, will use
reasonable efforts to:
A. Provide a long-term collaboration with TECRO, through its
designated representative TEPA, for continuous operation at
mutually-agreed sites;
B. Provide technical installation support, major maintenance,
training, and spare parts for the TEPA lidar and/or sun
photometer systems;
C. Provide automated data retrieval of all real-time and
processed cloud and aerosol data for all participants in
the MPLNET and AERONET program via an open, global database
accessible through the internet at:
http://mplnet.gsfc.nasa.gov and
http://aeronet.gsfc.nasa.gov/;
D. Provide, upon mutual agreement, upgrade of publicly
available MPLNET and AERONET analysis software for TECRO’s
designated representative TEPA’s servers, the database
browser developed by NASA, and any software to be used in
the operation of the stations;
E. Encourage scientific collaboration between scientists from
the territories of the authorities represented by TECRO and
AIT in the area of sun photometry, aerosol research, cloud
research, and related sciences;
F. Cooperate with investigators globally on ground-based lidar
and sun photometer observations for clouds and aerosols;
G. Assist in integration of ground-based aerosol
concentrations and properties for EOS-era validation of
satellite aerosol retrievals as a part of the international
federated sun photometer network, AERONET, by making
available NASA and/or NASA-contractor personnel for
mutually-agreed time periods; and
H. Provide assistance with interpreting laser-safety
requirements for MPL use on Taiwan.

Article IV－Points of Contact
The principal points of contact in conducting this collaborative
activity are detailed below:
For TECRO’s Ms. Hui-Chuan Hsiao
designated Director General
representative, Department of Environmental
TEPA Monitoring and
Information
Environmental Protection
Administration
41, Sec. 1, Chung-Hwa Road,
Taipei
Taiwan
Phone: +886-2-23117722
Fax: +886-2-23754012
Email: hchsiao@sun.epa.gov.tw
TEPA Dr. Neng-Huei (George) Lin.
Technical Professor
POC Department of Atmospheric Sciences
National Central University
Chung-Li 320
Taiwan
Phone/Fx: +886-3-4254069
Email: nhlin@cc.ncu.edu.tw
For AIT’s Dr. Hal Maring
designated Radiations Sciences Manager
NASA Headquarters
Washington DC, 20546-0001
USA
Phone:+1 (202) 358-1679
Fax: +1 (202) 358-2770
Email: hal.maring@nasa.gov
Mr. Brent Holben
AERONET Project Manager
NASA/Goddard Space Flight
Center/Code 614.4
Greenbelt, MD 20771
USA
Phone:+1 (301) 614-6658
Fax: +1 (301) 614-6695
Email: brent@aeronet.gsfc.nasa.gov
Dr. Ellsworth J. Welton
MPLNET Principal Investigator
Goddard Space Flight Center
Greenbelt, MD 20771 USA
Phone:+1 (301) 614-6279
Fax: +1 (301) 614-5492
Email: Ellsworth.J.Welton@nasa.gov

Article V－Consultations/Settlement of Disputes
TECRO and AIT (hereinafter referred to as “the Parties”)
authorize the Points of Contact named above to resolve any
question that arises concerning the implementation of this
Agreement. Should the Points of Contact be unable to come to
agreement, then the issue will be referred to the Parties for
consultation and resolution.

Article VI－Financial Arrangements
TECRO’s designated representative, TEPA, and AIT’s designated
representative, NASA, will each bear the costs of discharging
their respective responsibilities, including travel and
subsistence of personnel and transportation of all equipment and
other items for which each is responsible. Further, it is
understood that the ability of TECRO’s designated
representative, TEPA, and AIT’s designated representative,
NASA, to carry out their obligations is subject to the
availability of appropriated funds. Should any of the
designated representatives named in this Agreement encounter
budgetary problems which may affect the activities to be carried
out under this Agreement, the designated representative
encountering the problems will notify and consult with the other
designated representatives as soon as possible.

Article VII－Invention and Patent Rights/Joint Invention
Nothing in the Agreement shall be construed as granting or
implying any rights to, or interest in, patents or inventions of
the Parties or their designated representatives, or the
contractors or subcontractors of the designated representatives.
In the event that an invention is jointly made by employees of
TECRO’s designated representative, TEPA, and AIT’s designated
representative, NASA, or their contractors or subcontractors,
during the implementation of this Agreement, the designated
representatives of the Parties shall consult and agree as to the
responsibilities and costs of actions to be taken to establish
and maintain patent protection for such invention and on the
terms and conditions of any license or other rights to be
exchanged or granted by or between the designated
representatives, contractors or subcontractors.

Article VIII－Transfer of Goods and Technical Data
The Parties and their designated representatives are obligated
to transfer only such technical data (including software) and
goods necessary to fulfill their respective responsibilities
under this Agreement, in accordance with the following
provisions, notwithstanding any other provisions of this
Agreement:
1. All activities under this Agreement shall be carried out in
accordance with the applicable laws and regulations of the
respective territories of the authorities represented by the
Parties, including their export control laws and regulations
and those pertaining to the control of classified information.
2. The transfers of technical data with regard to interface,
integration, and safety shall normally be made without
restriction, except as provided in paragraph 1 above.
3. All transfers of goods and proprietary or export-controlled
technical data are subject to the following provisions:
A. In the event a Party’s designated representative, or its
related entity (including but not limited to contractor,
subcontractor, sponsored entity, cooperating entity) finds
it necessary to transfer goods or to transfer proprietary
or export-controlled technical data, for which protection
is to be maintained, such goods shall be specifically
identified and such proprietary or export-controlled
technical data shall be marked.
B. The identification for goods and the marking on proprietary
or export-controlled technical data shall indicate that the
goods and proprietary or export-controlled technical data
will be sued by the receiving Party’s designated
representative or related entities only for the purposes of
fulfilling the responsibilities of the receiving Party’s
designated representative under this Agreement, and that
the identified goods and marked proprietary technical data
or marked export-controlled technical data shall not be
disclosed or retransferred to any other entity without the
prior written permission of the furnishing Party’s
designated representative or its related entity.
C. The receiving Party’s designated representative or related
entity shall abide by the terms of the notice and protect
any such identified goods and marked proprietary technical
data or marked export-controlled technical data from
unauthorized use and disclosure.
D. The designated representatives of the Parties to this
Agreement shall ensure that their related entities are
bound by the provisions of this Article related to use,
disclosure, and retransfer of goods and marked technical
data.
4. All goods exchanged in the performance of this Agreement
shall be used by the receiving Party’s designated
representative or related entity exclusively for the purposes
of the Agreement. Upon completion of the activities under the
Agreement, the receiving Party’s designated representative
or related entity shall return or, at the request of the
furnishing Party’s designated representative or its related
entity, otherwise dispose of all goods and marked proprietary
technical data or marked export-controlled technical data
provided under this Agreement, as directed by the furnishing
Party’s designated representative or related entity.

Article IX－Rights in Resulting Data
Final results of the experiments will be made available to the
scientific community through publication in appropriate journals
or other established channels as soon as practicable and
consistent with good scientific practice. In the event such
reports or publications are copyrighted, TECRO’s designated
representative, TEPA, and AIT’s designated representative,
NASA, shall have a royalty-free right under the copyright to
reproduce, distribute, and use such copyrighted work for their
purposes.

Article X－Ownership of Equipment
Equipment provided by AIT’s designated representative NASA
pursuant to this Agreement shall remain the property of NASA.
Equipment provided by other entities pursuant to this Agreement
shall remain the property of the other parties. All equipment
exchanged under this Agreement is provided as-is with no
warranty as to fitness or use for a particular purpose.

Article XI－Release of General Information to the Public
Releases may be made by TECRO, AIT, and their designated
representatives for their own portion of the program/cooperation
as desired. Insofar as participation of another entity is
involved, the entity seeking to release information will seek to
consult with the other prior to any releases, consistent with
the laws and policies under which they operate.

Article XII－Personnel Exchange
TECRO’s designated representative, TEPA, and AIT’s designated
representative, NASA, shall facilitate the movement of persons
and goods necessary to comply with this Agreement into and out
of their facilities, subject to the laws and regulations under
which they operate.
TECRO’s designated representative TEPA shall facilitate
provision of the appropriate entry and residence documentation
for the personnel from the territory of the authorities
represented by AIT who sojourn to their facilities in order to
carry out the activities under this Agreement

Article XIII－Disclaimer of Warranty
Neither AIT nor its designated representative, NASA, warrants
the availability or suitability for any particular use of the
information or data covered by this Agreement.

Article XIV－Liability
The Parties agree that, with respect to activities undertaken
pursuant to this Agreement, neither Party, nor its designated
representatives, shall make any claim against the other with
respect to injury or death of its own or its contractors’ or
subcontractors’ employees or with respect to damage of any kind
to or loss of their own or their contractors’ or subcontractors
’ or investigators’ property caused by either Party, or the
Part’s designated representatives, contractors, subcontractors,
or investigators, whether such injury, death, damage, or loss
arises through negligence or otherwise, except in the case of
willful misconduct. In the event of third Party claims for which
the Parties or their designated representatives may be liable,
the Parties or their designated representatives (as appropriate)
will consult promptly to determine an appropriate and equitable
apportionment of any liability and on the defense of any such
claims.
This cross waiver of liability shall not be applicable to claims
between a Party and its related entities (e.g. designated
representatives, contractors and subcontractors), claims made by
a natural person, or intellectual property claims.

Article XV－Indemnification
In addition, TECRO’s designated representative, TEPA, agrees to
indemnify and hold AIT, its designated representative, NASA, and
its contractors and subcontractors harmless from any third party
claim, judgment, or cost arising from the injury to or death of
any person, or for damage to or loss of any property arising as
a result of its use of NASA equipment provided for activities
expressly or implicitly covered under this Agreement.

Article XVI－Customs/Taxes/Immigration
In accordance with the laws and regulations under which they
operate, each Party, through its designated representative(s)
shall free customs clearance and waiver of all applicable
customs duties and taxes for the implementation of this
Agreement. In the event that any customs duties or taxes of any
kind are nonetheless levied, such customs duties or taxes shall
be borne by the designated representatives(s) of the Party
representing the authorities of the territory levying such
customs duties or taxes. The obligation of the Parties’
designated representatives(s) to ensure duty-free entry and exit
of goods is fully reciprocal. Each of the Parties’ designated
representative(s) shall facilitate the movement of persons and
goods necessary to comply with this Agreement into and out of
the territory of the authorities the Party represents, subject
to the laws and regulations of that territory.

Article XVII－Term of Agreement
The term of this Agreement will be ten years from the data of
the last signature. This Agreement may be renewed or amended by
mutual consent or it may be terminated by one Party providing
written notice of its intention to the other Party and
contemporaneously, to the other Party’s designated
representative, at least six months before the desired
termination data.

Article XVIII－Continuing Obligations
The obligations of the Parties and their designated
representatives set forth in this Agreement concerning Article
VIII, Transfer of Goods and Technical Data, Article IX, Rights
in Resulting Data, and Article XIV, Liability shall continue to
apply after the expiration or termination of this Agreement.


For the Taipei Economic For the American
and Cultural Institute in Taiwan
Representative Office in
the United States
Name Name

Title Title

Date Date