Article I - Scope
This Agreement provides a framework for projects 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 ”. It describes the scientific and
technical activities to be undertaken by AIT, through its
designated representative, the National Oceanic and Atmospheric
Administration (NOAA), United States Department of Commerce,
including but not limited to NOAA ’ s Global System Laboratory
(GSL) of the Earth System Research Laboratories, and TECRO,
through its designated representative, the Central Weather
Bureau of Taiwan (CWB).

This Agreement also provides for Implementing Arrangements (IA)
to be undertaken by AIT, through its designated representative,
in support of TECRO, and its designated representative. The
initial IA for this Agreement, Implementing Arrangement (IA)
#32, is to distinguish it from the prior 31 Scopes of Work
(SOWs) approved between TECRO and AIT under prior Agreements
related to Meteorology and Forecast System Development since
1989. IA #32 is included as an annex to this agreement.

The projects to be undertaken pursuant to this Agreement are
cooperative efforts between the Parties, through their
designated representatives.

This Agreement provides for continuing development in areas of
mutual interest in the fields of meteorology and forecast
systems development including providing technical expertise,
training, and scientific exchange activities on a reimbursable
basis.

This Agreement is of interest to both TECRO and AIT. In addition
to the technical objectives to the territories represented by
TECRO, as listed in Article II, the products of this Agreement
will provide substantial value through development of new and
upgraded capabilities and applications that can be integrated
into systems operated by the AIT designated representative,
NOAA.

This Agreement replaces the Agreement between the Taipei
Economic and Cultural Representative Office in the United States
and the American Institute in Taiwan for Technical Cooperation
in Meteorology and Forecast Systems Development, signed on
October 20 and 21, 2016.

This Agreement is a continuation of a succession of Agreements
between TECRO and AIT, since approximately 1989, specific to the
scope of weather forecast improvement.

Article II - Objectives
The broad objective of this Agreement is to establish a
framework to enable AIT through its designated representative as
appropriate, to carry out reimbursable technical cooperation
with TECRO, through its designated representative as
appropriate. The technical objectives of the cooperation are:
A. To undertake cooperative activities that will strengthen the
weather forecasting capability of the territories represented
by TECRO;
B. To provide technical assistance to plan and implement weather
forecast systems for the territories represented by TECRO;
C. To provide professional development and training for
participants from the territories 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 under this Agreement are to be described
in IAs. The general nature of these cooperative activities was
determined through consultations between the parties, through
their designated representatives. Specifically,
A. Activities under this Agreement shall include conducting
collaborative 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 shall conclude IAs regarding scientific
cooperation activities under this Agreement. Such IAs shall
be subject to the terms of this Agreement and if there is a
conflict between any provision(s) of an IA and this Agreement
then applicable provisions of this Agreement shall govern.
C. Each IA is expected to follow the terms of this Agreement
and, as necessary, may include additional provisions
regarding treatment of intellectual property, information
dissemination procedures, liability, and other appropriate
matters.
D. All activities undertaken pursuant to this Agreement or IAs
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 IAs 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
IAs.

Article V - Responsibilities of AIT
AIT agrees to perform, through its designated representative as
appropriate, 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 and assign
personnel, institutions and firms as necessary to fulfill AIT
’ s responsibilities for implementation of activities under
this Agreement. (This selection process is expected to 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
shall 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;
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 its
designated representative in connection with activities under
this Agreement;
G. Provide administrative support for preparing formal reports
for delivery by TECRO and AIT.

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
territories 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 this Agreement and
IAs to it, 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 ensure 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.
D. TECRO, through its designated representative, shall provide
overall coordination project activities at the CWB facility
and assign appropriate staff to perform the activities
defined in 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 IA.
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. The total cost for the duration of this Agreement is
estimated to be a minimum of $7,000,000 USD and a maximum of
$15,000,000 USD, with funds transferred from TECRO to AIT for
services provided by AIT to TECRO, through their designated
representatives. In each year under the Agreement the fund
transfers from TECRO to AIT for services provided by AIT to
TECRO, through their designated representatives, are
estimated to be a minimum of $1,400,000 USD up to a maximum
of $3,000,000 USD.
D. Fund transfers shall occur pursuant to Article VIII of this
Agreement. IAs shall be prepared through discussions between
the designated representatives with work scope agreed by the
Parties. The agreed work must be consistent with Article II
– Objectives of this Agreement.
E. IAs may include optional tasks that could be exercised at any
time during the duration of the Agreement by a fund transfer
and instruction to execute the optional tasks.
F. IAs 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.
G. 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 - Scope of Work and Estimated Costs
In accordance with Article VII – Financial Arrangements, TECRO
shall pay AIT, in association with the project covered by this
IA. The estimated costs are as follows:
┌──┬────────┬─────────┬────────┐
│Year│Advance transfer│Completion │Total Estimated │
│ │of 50% of funds │Transfer of 50% of│Cost │
│ │ │funds │ │
├──┼────────┼─────────┼────────┤
│1 │$0.7M USD to │$0.7M USD to $1.5M│$1.4M USD to $3M│
│ │$1.5M USD │USD │USD │
├──┼────────┼─────────┼────────┤
│2 │$0.7M USD to │$0.7M USD to $1.5M│$1.4M USD to $3M│
│ │$1.5M USD │USD │USD │
├──┼────────┼─────────┼────────┤
│3 │$0.7M USD to │$0.7M USD to $1.5M│$1.4M USD to $3M│
│ │$1.5M USD │USD │USD │
├──┼────────┼─────────┼────────┤
│4 │$0.7M USD to │$0.7M USD to $1.5M│$1.4M USD to $3M│
│ │$1.5M USD │USD │USD │
├──┼────────┼─────────┼────────┤
│5 │$0.7M USD to │$0.7M USD to $1.5M│$1.4M USD to $3M│
│ │$1.5M USD │USD │USD │
└──┴────────┴─────────┴────────┘
The total estimated cost for activities described in this
Agreement is expected to be a minimum of $7,000,000 USD up to
maximum of $15,000,000 USD. TECRO agrees to transfer 50 percent
of the funds to AIT in advance of the performance of work
described in this Agreement or its IAs, with the remaining 50
percent to be transferred upon completion of the work described
in this Agreement or IAs, to the extent that funds for this
purpose have been provided by TECRO.

All budget figures are estimated. Actual amounts shall be
accrued for purposes of fulfilling the financial arrangements
described in the Agreement.

The Scope of Work (SOW) and annual budget estimates are found in
an attachment to this Agreement.

Article IX - CWB Joint Team Assignments at NOAA
Several tasks encourage CWB visitors at NOAA facilities at GSL,
National Environmental Satellite, Data, and Information Service
(NESDIS), the Climate Prediction Center (CPC) and the
Meteorological Development Laboratory (MDL). The primary effort
of TECRO, through CWB staff at NOAA during the Agreement period
shall be directed towards the satellite data, AWIPS II
development tasks, gain familiarity with the operations of the
CPC International Monsoon Desk. It is important that qualified
CWB staff be available to work at NOAA research and operations
facilities during the period of this IA. Specific assignments
shall be made to most efficiently use the available personnel
resources. Assignments for the qualified CWB staff members are
provided in the attached SOW.

Article X - Privileges, Exemptions, and Immunities
TECRO shall retain oversight of, remain in contact with, and
provide appropriate support to Taiwan researchers working in
NOAA-affiliated facilities under this Agreement. The
Participants consider individuals participating in visits to be
consultants to their respective representative organizations as
appropriate while in the territory represented by the other
Party. The Parties agree that individuals participating in
visits under this Agreement shall not be treated as designated
employees of their respective representative organizations and
therefore such individuals shall not be entitled to the
privileges and immunities under the 2013 TECRO-AIT Agreement on
Privileges, Exemptions and Immunities. Nothing here is intended
by the Parties as an amendment or other change to the 2013
Agreement, the provisions of which must be satisfied before any
privileges, exemptions, or immunities may be provided by either
Party.

Article XI - 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 or other intellectual property
rights.
B. No activity described in this Agreement, or any technology or
other information exchanged in the course of activities under
this Agreement, is expected to give rise to, or implicate any
existing, intellectual property rights. Reports,
specifications, and computer software prepared under this
Agreement are also expected not to be subject to intellectual
property protection.
C. Information transmitted by either party to this Agreement to
the other party shall be accurate as reasonably practicable,
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 XII - Liability
Except for damage to, or loss of, property of AIT or of its
designated representative that is caused by AIT or personnel of
its designated representative, 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 IAs 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 XIII - Period of Agreement and Amendment/Termination
This Agreement shall become effective when signed by both
parties on the date of the last signature. This Agreement shall
terminate 5 years after the date of the last signature and may
be amended at any time by mutual consent of TECRO and AIT. The
parties shall review this Agreement annually to determine
whether it should be amended, 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 IAs of this Agreement
unless they have been previously terminated. It is understood
that the parties shall attempt to reach mutual agreement on the
termination dates to allow orderly termination of activities and
repatriation of personnel. The parties intend to reach an
equitable adjustment for any termination through consultations,
which 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 XIV - Other Provisions
Should disagreements arise on the interpretation of the
provisions of this Agreement, or amendments 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.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Agreement.


FOR THE TAIPEI ECONOMIC FOR THE AMERICAN INSTITUTE
AND CULTURAL REPRESENTATIVE IN TAIWAN
OFFICE IN THE UNITED STATES
___________________________ __________________________
Robin J.C. Cheng Ingrid D. Larson
Deputy Representative Managing Director

3/16/2021 3/15/2021
___________________________ __________________________
Date Date