Article Ⅰ- Scope
This Agreement between the Taipei Economic and Cultural Represe-
ntative Office in the United States (TECRO) and the American In-
stitute in Taiwan (AIT) provides a framework through which the
National Oceanic and Atmospheric Administration (NOAA), the des-
ignated representative of AIT, can provide technical expertise,
training, and scientific exchange activities on a reimbursable
basis to the Central Weather Bureau of Taiwan (CWB), the design-
ated representative of TECRO, in areas of mutual interest in the
fields of meteorology and forecast systems development. This Ag-
reement supercedes the previous agreement between the parties t-
hat became effective November 5, 1997.
Artide Ⅱ - Authorities
A 22 U.S.C § 3301 et seq., the Taiwan Relation Act of April 10,
1979, Public Law 96-8, which authorizes agencies of the United
States Government to perform services for, and to accept funds
in payment from AIT;
B An Agreement Between the National Oceanic and Atmospheric Adm-
inistration (NOAA), U.S.Department of Commerce (DOC), and AIT,
that provides a framework through which NOAA can provide tech-
nical expertise, training, and suientific 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 f 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 de-
signated representative, the CWB, under a TECRO-AIT Agreement.
The technical objectives of the cooperation are:
A To undertake cooperative activities what 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 professinoal development and training for Taiwan p-
articipants selected by TECRO, or its designated representati-
ve CWB;
D To exchange materials and information and transfer technology
from AIT's designated representative NOAA to TECRO's designat-
ed representative CWB; and
E To promote joint consideration of scientific and technical ex-
change programs.
Article IV - Cooperative Activities
Cooperative activities will be determined after consultations b-
etween 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 acgu-
isition plans, developing meteorological observation, process-
ing and display systems, managing systems implementation, exc-
hanging information, exchanging scientists and technical expe-
rts, convening seminars and meetings, training participants,
and engaging in other forms of cooperation in the areas of we-
ather forecasting systems and related science and technology
as may be mutually agreed.
B AIT and TECRO will conclude Implementing Arrangements regardi-
ng scientific cooperative activities to be conduted under this
Agreement. Each
Implementing Arrangement shall be subject to the terms of this
Agreement, and if there is a conflict between any provisions
of of an implementing Agreement and this Agreement, then appl-
icable provisions of this Agreement shall govern.
C Each Implementing Arrangement shall specify the technical sco-
pe of the activities, management responsibilities, specific f-
unding arrangements, cost and schedule estimates, procedure (s
) to be followed, treatment of intellectual property, liabili-
ty, and other appropriate matters.
D All cooperative activities undertaken pursuant to specific Im-
plementing
Arrangements under this Agreement shall be subject to the res-
pective and applicable laws, regulations, policies, funding,
and administrative procedures of AIT and its designated repre-
sentative 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 AIT and TECRO and their designated rep-
resentatives. Responsibility for managing the specific activiti-
es undertaken, and the role of other entities in these activiti-
es, shall be determined mutually by AIT and TECRO and their des-
ignated representatives, and specified in the relevant Implemen-
ting Arrangements.
Article Ⅵ - Responsibilities of TECRO
A Pursuant to this Agreement, TECRO shall assist AIT in obtaini-
ng visas and other documents necessary for personnel of AIT's
designated representative NOAA who visit Taiwan under the aus-
pices of AIT in order to carry out this Agreement.
B Pursuant to this Agreement, TECRO shall assist AIT in obtaini-
ng 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
jurisdiciton of TECRO's designated representative CWB, by per-
sonnel of AIT's designated representative NOAA, who are in Ta-
iwan under auspices of AIT.
C TECRO shall, pursuant to this Agreement, assure that AIT, and
its designated repesentative NOAA, are held free and clear of
all customs duties and imposition of charges by the authoriti-
es of Taiwan. Neither AIT, nor its designated representative
NOAA, shall be required to pay any duties or taxes in executi-
ng the terms and conditions of this Agreement.
Article Ⅶ - Responsibilities of AIT
AIT agrees, through its designated representative, NOAA, to per-
form the following activities and provide the following resourc-
es in support of the joint project activities under this Agreem-
ent:
A Providing overall management of the cooperative activities un-
der this Agreement;
B Working under the guidance of AIT and consulting, as necessary
and appropriate, with representatives of agencies designated
by AIT;
C Designating appropriate officials of NOAA to be responsible f-
or coordination between NOAA staff and AIT and its designees;
D Determining NOAA's staffing requirements and selecting person-
nel, institutions and firms as necessary to fulfill NOAA's re-
sponsibilities for implementation of activitied under this Ag-
reement (This selection process will be carries out solely on
the basis of professional capability, academic qualification,
experience, and other merit factors. All procurement actions
will be conducted in accordance with standard DOC regulations
. NOAA will provide information to AIT regarding these select-
ions as requested.);
E Providing all necessary logistical support to NOAA staff and
its contractor including travel arrangements, per diem, and v-
isa assistance, in accordance with standard DOC regulations a-
nd contract terms; and
F Providing administrative supoot including office space and ac-
cess to facilities, equipment and services at NOAA sites for
work performed by NOAA in connection with activities under th-
is Agreement.
Article Ⅷ - Financial Arrangements
A Activities under this Agreement are conducted on a fully reim-
bursable basis unless other arrangements are specified and mu-
tually agreed to in Implementing Arrangements to this Agreeme-
nt. The Implementing Arrangements shall include a determinati-
on that the apportionment of costs for specific activites wit-
hin its scope is an equitable apportionment.
B TECRO shall provide funds to AIT for all personnel, equipment,
facilities, or other services provided to TECRO, or its desig-
nated representative CWB, by AIT or its designated representa-
tive NOAA, as required to carry out activities pursuant to th-
is Agreement and each respective Implementing Arrangement.
C AIT shall provide TECRO with documentation supporting requests
for reimbursement in accordance with the standard financial r-
egulations and practice of AIT and its designated representat-
ive NOAA.
D Pursuant to Article IV, each Implementing Arrangement shall
specify funding and payment arrangements for activities cover-
ed by the Implementing Arrangement and shall include an estim-
ated budget for at least the first year of activity.
Article Ⅸ - Intellectual Property Considerations
A AIT and TECRO support the widest possible dissemination of in-
formation provided, exchanged, or arising under this Agreemnet
subject to the need to protect pre - existing proprietary in-
formation, patent, and copyright restrictions.
B Details regarding intellectual property considerations and in-
formation
disseminatin 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 b-
elief of the transmitting party, but the transmitting party d-
oes 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 par-
ty warrants the accuracy of the jointly developed information
or its suitability for any particular use or application by e-
ither party or by any third party.
Article Ⅹ - Liability
Except for damage to, or loss of, property of AIT, or of its de-
signated representative NOAA, which is caused by AIT or NOAA pe-
rsonnel, TECRO agrees to indemnify AIT, and its designated repr-
esentative, NOAA, 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 wi-
th this Agreement.
In addition, all property made available to TECRO and/ or public
or private interests under this Agreement or its Implementing A-
rrangements is tested and quality controlled by the standard pr-
ocedures implemented by NOAA. After CWB tests and accepts such
property, neither AIT nor its designated representative NOAA, m-
akes any warranties, either express or implied, ragarding the p-
roper functioning of the equipment, including any systems hardw-
are of 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 its proper-
ty or data, nor will they reimburse or indemnify such parties
for property damage, personal injury, death, or any losses what-
soever.
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 December 31,2005, but may be amended at any time by
mutual consent of TECRO and its designated representative CWB a-
nd 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 Ag-
reement 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 attem-
pt will be made to reach mutual agreement on the termination da-
tes to allow orderly termination of activits and repatriation of
personnel. The equitable adjustement for any termination shall
provide for payment to NOAA for services rendered and expenses
incurred prior to the termination, in addition to termination s-
ettlement costs reasonably incurred by NOAA relating to commitm-
ents that became firm prior to termination.
Article ⅩⅡ - Resolution of Difficulties
AIT and TECRO shall consult, upon request of either party, rega-
rding any matter related to the terms of this Agreement and sha-
ll endeavor jointly in a spirit of cooperation and mutual trust
to resolve any difficulties of misunderstandings that may arise.
FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE
CULTURAL REPRESENTATIVE IN TAIWAN
OFFICE IN THE UNITED STATES
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Lyustum Shen Barbara Schrage
Deputy Representative Deputy Managing Director
6/20/01 6/12/01
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