RESEARCH COLLABORATION AGREEMENT BETWEEN SÃO PAULO STATE FOUNDATION AND BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA ON BEHALF OF THE UNIVERSITY OF NEBRASKA-LINCOLN
The SÃO PAULO RESEARCH FOUNDATION , 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. JOSE GOLDEMBERG, 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 August 22nd, 2015, hereinafter referred to as FAPESP, and UNIVERSITY OF NEBRASKA-LINCOLN (UNL), a comprehensive public land-grant university, ranked as a Carnegie Research I institution, represented by its Chancellor, Harvey Perlman, named the 19th Chancellor of the University of Nebraska-Lincoln on April 1, 2001. It is grouped administratively into the Colleges of Agricultural Sciences and Natural Resources, Architecture, Arts and Sciences, Business Administration, Education and Human Sciences, Engineering, Fine and Performing Arts, Journalism and Mass Communications, and Law. At the masters and doctoral level, most academic programs are administered by the Graduate College. The student body is comprised of approximately 19,900 undergraduates and 5,000 graduate and professional students. UNL is a member of the Committee on Institutional Cooperation, a consortium of world-class research institutions that have advanced their academic missions, generated unique opportunities for students and faculty, and served the common good by sharing expertise, leveraging campus resources, and collaborating on innovative programs. Located in the center of the United States, UNL provides a supportive environment for research, teaching, studying and outreach efforts. Lincoln, the capital of the state of Nebraska, is a progressive city of about 250,000 inhabitants with a rich array of intellectual and other opportunities for visiting academic staff and students.
CONSIDERING the importance of promoting cooperation in scientific and technological research between UNL, based in the USA and institutions in the State of Sao Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;
CONSIDERING the 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;
Both Parties agree as follow:
Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from UNL, 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 their international obligations and domestic laws and other existing regulations through mechanisms such as:
a) Implementation of joint research projects on issues of common concern, including 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 the Parties and research groups relevant to both Parties, with the goal of identifying future areas for cooperation;
Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between teams from the State of São Paulo and from UNL, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars.
The Parties shall consider proposals that contribute to the basis for a joint research proposal.
The activities mentioned in the first item could be developed, in principle, in all areas of knowledge. Areas of interest can be specified by the Steering Committee, in the calls for research proposals.
a) In establishing methods of collaboration pursuant to Section 2 above, the Parties will do so in accordance with the scholarly relevance and the national legislation in Brazil and the United States, respectively, and each Party’s budget availability.
b) The Parties will each appoint one representative to serve on a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the call for joint proposals (“Calls for Proposals”).
c) The Parties may agree to host delegation meetings, workshops, correspondence and other procedures, as applicable.
d) Each Party will receive and review the joint proposals according to its own criteria and rules. After the revision of the joint proposals, the Parties will decide which proposals will be supported.
e) The Parities may establish joint procedures for the submission and review of the proposals in case of mutual interest and the decision of the Joint Steering Committee.
a) For each of the research projects that are approved, UNL will assume the funding of research teams from UNL and FAPESP of the research teams from the State of Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.
b) The amount of funding necessary to support Collaborative Research Projects will be defined by the Joint Steering Committee in each Call for Proposals.
6. Intellectual Property
a) In the event that any intellectual property is developed from the collaborative research project contemplated hereunder, the parties agree to cooperate in good faith towards the protection and commercialization of any such intellectual property. The parties also agree to negotiate in good faith an appropriate agreement for the equitable sharing of any proceeds resulting from the commercialization of the intellectual property based on the respective contributions to the development of the intellectual property by each party.
7. Evaluation & Compliance
a) All specific projects to which this Memorandum of Understanding may lead shall provide a method by which they may be evaluated on a regular basis by the designated authorities of both institutions.
It is recognized and understood that this MOU is subject to all applicable U.S. export control laws and regulations controlling the transfer of technical information or items out of the U.S. The transfer of certain technical information of items may require a license from the U.S. Government. All parties must comply with all applicable export control laws and regulations and no party may export or allow the export or re-export of any information or item when to do so would constitute a violation of those laws or regulations.
This Agreement shall be valid for a period of 5 (five) years from the date of its signing and may be extended by mutual agreement between the Parties in a written amendment to this Agreement.
Either Party may terminate this Agreement by six months advance written notice.
The termination of this Agreement shall not bring harm to the implementation of projects and programs already approved or which had already started, in which case the Parties should keep their budget for the projects and programs during the term of its validity.
Both institutions subscribe to the policy of equal opportunity and will not discriminate on the basis of gender, age, disability, race, color, religion, marital status, veteran's status, national or ethnic origin, or sexual orientation.
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
(b) University of Nebraska-Lincoln:
3550 East Campus Loop South
Lincoln NE, USA, 68583
Att: Josh Davis, Assistant Vice-Chancellor for Global Engagement
This Agreement may be amended by mutual consent of the Parties and made official by Addenda.
a) Each Party covers its own administration costs regarding its contribution to the Call for 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 produced in good faith, so that any dispute and / or interpretation arising therefrom in relation to its implementation, execution and compliance will be resolved jointly by them and shall be in writing. If no agreement is reached between the Parties, this document will be terminated without liability to the Parties that should agree how to conclude the actions in progress to date of notification of termination by either party. Neither party may use any identifying marks of the other without the express written permission of the other party.
Signed in Sao Paulo, Brazil in two original copies in English and Portuguese, both texts being equally authentic.
BOARD OF REGENTS of the UNIVERSITY OF NEBRASKA on behalf of the