Cooperation agreement between FAPESP and Texas Tech University Versão em português
COOPERATION AGREEMENT FOR RESEARCH BETWEEN SÃO PAULO RESEARCH FOUNDATION AND TEXAS TECH UNIVERSITY
The São Paulo Research Foundation - FAPESP, established by Law nº 5.918, of October 18th, 1960, with headquarters at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, enrolled in CNPJ/MF under nº 43.828.151/0001-45, herein represented according to article 11, “a” of Law nº 5.918, combined with its General Rule approved by Decree n° 40.132, of May 23, 1962, represented by its President, Prof. Dr. CELSO LAFER, in the exercise of the powers delegated by Act of the Governor of the State of São Paulo, published in the Official Gazette of the State, of July 30, 2013, hereinafter referred to as FAPESP, and the Texas Tech University, represented by its President, Dr. M. Duane Nellis, hereinafter referred to TTU and both hereinafter referred to as "Party or Parties”:
CONSIDERING the importance of promoting cooperation in scientific and technological research between USA and the State of Sao Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;
CONSIDERING need to strengthen the links between the scientific communities of both countries and also to encourage new forms of collaboration between its research centers;
WISHING to promote initiatives collaboration in scientific research and technological development in priority areas of interest to both parties, fostering bilateral cooperation;
Agree as follow:
Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from USA and from the State of Sao Paulo, Brazil, through the funding of joint research projects.
2. Methods of Collaboration
The Parties will promote such collaboration, observing international obligations and domestic laws as well as current internal policies and applicable regulations through mechanisms such as:
a) Implementation of joint research projects on issues of common concern, exchanging knowledge and results;
b) Organization of scientific and technological seminars, specialized workshops, symposia and other scientific meetings of mutual interest, to promote interaction between institutions and research groups relevant to both countries, with the goal of identifying future areas for cooperation;
c) Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between teams of São Paulo and TTU, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars;
a. In case of scientific exchange, the Parties will appreciate proposals that contribute to prepare for a joint research proposal.
3. Scientific Areas
The activities under this Agreement may be developed in all areas of knowledge. Areas of interest can be specified by the Steering Committee (as defined in 4(b)), in the calls for research proposals.
a) The Parties may collaborate by one or more mechanisms in Clause 2 and in accordance with the scientific relevance and the national legislation in each country of the Parties and their own budget availability.
b) The Parties will appoint two representatives one from each Party, which will form a Joint Steering Committee responsible for the management of any programs or actions taken under this Agreement and for drafting the call for proposals.
c) For the elaboration of the actions, the Parties may provide, by agreement, the most appropriate procedures including mechanisms such as delegation meetings, workshops, correspondence and other procedures.
d) Each Party will receive and review the proposals according to its own criteria and rules. After the revision of the proposals, the Parties will decide in a meeting which proposals will be supported.
e) The Parties may establish joint procedures for the submission and review of the proposals in case of mutual interest and the decision of the Steering Committee.
For each of the research projects that are approved, TTU will manage the funding of research teams from TTU and FAPESP will manage the funding of the research teams from Sao Paulo, Brazil, in all cases according to their respective laws, operating policies, and budget availability. The amount for funding for a research project will be defined in each Call for Proposals.
6. Intellectual Property
a) The Parties agree that when the actions taken by virtue of this Agreement result in products of commercial value and intellectual property rights, they will be regulated by national legislation and international conventions as well as the limitations detailed in the most current party institutional policies. Participants will observe the Intellectual Property Policy of the Party responsible for the funding of their team.
b) In the case of joint ownership of Intellectual Property, to the extent permitted by law and institutional policy, the relevant parties will in good faith endeavor to establish a joint ownership agreement regarding the allocation and terms of exercising that joint ownership, taking into account the relevant contributions of the parties.
This Agreement shall be valid for a period of 5 (five) years from the date of last signature and may be extended by mutual agreement in a written amendment to this Agreement.
Either Party may terminate this Agreement by providing at least 120 days prior written notice.
The termination of this Agreement shall not cancel undisputed projects or programs already approved or started, in which case the Parties should keep their budget for the projects and programs during the term of project or program’s validity.
Any notice to be served on either of the Parties by the other shall be made in writing and shall be sent to the following addresses:
Rua Pio XI, 1500 – Alto da Lapa
CEP 05468-901 – São Paulo / SP – Brasil
Att.: Scientific Director
Office of International Affairs
601 Indiana Avenue, Box 45004
Lubbock, Texas 79409-5004
Att.: Michael Q. Johnson
This Agreement may be amended by mutual consent of the Parties and made official in writing.
a) Each Party covers its own administration costs regarding its contribution to the call for research proposals, unless otherwise jointly decided.
b) This Agreement is subject to the availability of funds in the budget of the Parties and the applicable laws and regulations of their respective countries.
c) The Parties shall maintain the highest ethical and legal standards in funding research under this Agreement.
d) The Parties agree that this Agreement is made in good faith, and that they will work in good faith to resolve any dispute or question about interpretation arising therefrom in relation to implementation, execution or compliance with its terms. The parties will formalize any resolution as an amendment if needed. If no agreement is reached between the Parties, this Agreement will be terminated without liability to either Party, and the parties will endeavor to agree how to conclude the program or project actions in progress.
Signed in two original copies in English and two in Portuguese, this texts being equally authentic and with the same content.
Carlos Henrique de Brito Cruz, Scientific Director
Dr. M. Duane Nellis, President
SÃO PAULO RESEARCH FOUNDATION
Name: Simone Godoi
TEXAS TECH UNIVERSITY
Whitacre College of Engineering
Office of International Affairs
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