Template Memorandum of Understanding
Template Memorandum of Understanding
Between
And
XXXX
WHEREAS the Parties recognise that each of them is pursuing educational and / or
research activities and opportunities in areas of possible common interest in the area
of XXX and XXX and they anticipate that there be substantial mutual benefit in
cooperating and collaborating in such activities and opportunities.
Article I. Objectives
The objective of this MoU is to strengthen relations between UKZN and XXX
(hereinafter referred to as the “Parties”) to work together to establish a collaborative
relationship between them for educational and research activities and collaborations
to facilitate research collaboration, to promote the sharing of knowledge and
expertise for mutual benefit, the exchange of information and the targeting of
collaborative opportunities.
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Article II. Cooperative Activities
Forms of cooperative activities under this MoU may include, but are not limited to,
areas of mutual interest such as:
Cooperative activities under this MoU shall be subject to the availability of funds and
personnel of the Parties. The terms of financing for each activity shall be agreed
upon in writing by the Parties before the commencement of activities. When the
Parties consider it pertinent or necessary to obtain resources for the projects derived
from this MoU they will be allowed to request resources from cooperating sources.
Both parties shall appoint a person responsible for the coordination of the activities.
Whenever more than the exchange of technical information or exchange visits of
individuals are planned, such activities shall be described in an Annex to this MoU
which shall set forth as appropriate to the activity, a work plan, staffing requirements,
cost estimates, funding sources, intellectual property rights, publications and other
undertakings, obligations, or conditions not included in this MoU. In case of any
inconsistency between the terms of this MoU and the terms of an Annex hereto, the
terms of this MoU shall prevail.
A. All intellectual property owned by one Party shall remain the exclusive property
of that Party and shall not be used by the other Party except as expressly
permitted by the owning Party in writing. This obligation will continue after the
expiry or termination of this Memorandum.
B. Either Party shall be free to use any scientific and technical information created
or furnished in the course of cooperative activities under the MoU for its own
internal research and development purposes. Any commercial use of such
information shall be the subject of a separate agreement to be negotiated by the
Parties on a project-by-project basis. The information may not be disclosed to
any third party without the prior written consent of the Party that supplied the
information
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C. The publication, patenting and other applications of outcomes developed in the
course of cooperative activities under this MoU shall be subject to prior written
agreement between the Parties.
D. Any intellectual property which emanates from any formal legal agreement as
contemplated in A to C above shall be jointly owned on a pro-rated basis
determined by both parties’ respective contributions, unless agreed otherwise in
the formal legal agreement.
E. Provisions of Article V of this MoU shall survive and continue in full force and
effect after abrogation, termination or expiration of this MoU.
Each Party agrees to treat as confidential and maintain in confidence all information
of a confidential, sensitive or proprietary nature which may be disclosed or revealed
to it as a result of this Memorandum. This obligation will continue after the expiry or
termination of this Memorandum.
Nothing in this Memorandum is intended to, or shall be deemed to, establish any
partnership or joint venture between the Parties, constitute any Party the agent of the
other, or authorise any Party to make or enter into any commitments for or on behalf
of any other party.
This MoU shall enter into force after having been signed by both parties and remain
in force for five (5) years, unless terminated earlier by either Party upon ninety (90)
days’ written notice to the other party. This MoU may be modified or extended by
written agreement of the parties. The termination of this MoU shall not affect the
validity or duration of projects under this MoU that are initiated prior to such
termination.
This MoU shall enter into force upon signature of the duly authorised representatives
of the Parties.
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FOR THE UNIVERSITY OF FOR THE XXX
KWAZULU-NATAL
___________________________ ___________________________
Dr. Kathlyn Elena Cleland XXX
Registrar XXX
Date:_______________________ Date:_______________________
Witnessess:
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