NSERC Industrial Postgraduate Scholarship Agreement
Instructions
The NSERC Industrial Postgraduate Scholarship Agreement is the result of extensive discussions with NSERC, the Graduate Council Policy Subcommittee, the University-Industry Liaison Office, various UBC Faculties and departments, and the Faculty of Graduate & Postdoctoral Studies (“FOGPS”).
This following Agreement is available from the FOGPS website, and is available only as a locked Microsoft Word form. The wording of the Agreement must not be altered in any way without consulting the FOGPS, UBC. Please contact Brian Bella, Graduate Awards Finance Clerk, FOGPS, UBC at 604-822-4556 or with any questions in that regard.
Please note:
The Agreement is designed to be completed on your computer using the “TAB” key to navigate through the document, with only the signatures being hand-written.
Three (3) originals of the Agreement are required. Please have all of the signatories sign each of the three originals.
Please obtain the signatures in the following order:
1. UBC Supervisor
2. UBC Co-Supervisor (if applicable)
3. UBC Department Head
4. Student
5. Company
6. Company Supervisor
Please submit all three original Agreements signed by all of the above parties to the FOGPS, who will obtain the Dean of FOGPS and UBC-UILO (University-Industry Liaison Office) signatures and submit the complete nomination package to NSERC by courier.
PLEASE NOTE: Payments from scholarship accounts do not make students eligible for compensation from WorkSafeBC. The student may arrange for “Student Accident Insurance” through UBC’s insurance provider. Information about the Student Accident Insurance policy can be downloaded from the UBC Treasury website: http://www.riskmanagement.ubc.ca/student_insurance
NSERC Industrial Postgraduate Scholarship Agreement
COMPANYCompany Name
Jurisdiction of Incorporation
Company Registration/Federal ID Number
Company Principal Business Address
Company Supervisor
STUDENTStudent Name
Student ID Number
UBC SUPERVISORSupervisor Name
Department
PROJECTProject Title
This NSERC Industrial Postgraduate Scholarship Agreement is effective the (start date of award) to the (end date of award).
AMONG The University of British Columbia, a corporation continued under the University Act of British Columbia and having its administrative offices at 2075 Wesbrook Mall, Vancouver, British Columbia, Canada V6T 1W5 (“UBC"); the above-named COMPANY; AND the above-named STUDENT.
WHEREAS the STUDENT wishes to perform research for the above-named PROJECT under the supervision of the above-named UBC SUPERVISOR under a Natural Sciences and Engineering Research Council (“NSERC”) Industrial Postgraduate Scholarship (“Scholarship”).
WHEREAS NSERC’s scholarship and fellowship programs support the training of the next generation of Canadian scientists and engineers. Through these programs, NSERC helps ensure that companies and other organizations in Canada can draw on an ongoing supply of well-trained highly qualified people. These new researchers offer fresh talent and ideas that help companies develop innovative new products, services and technology. Companies gain the competitive advantage they need to survive and expand in a challenging international marketplace, while creating and retaining jobs in Canada.
SO, the parties agree as follows:
1. RESEARCH PROPOSAL AND BENEFIT TO CANADA
1.1. The parties agree to STUDENT’s research proposal, as described in Part II of NSERC Form 200, including STUDENT spending at least one day a week or 20% of STUDENT’s time at COMPANY’s premises.
1.2. The parties agree that advanced training of STUDENT will help COMPANY innovate and develop new products, services and technology, which will in turn benefit the Canadian economy.
2. SUPERVISION
2.1 STUDENT shall conduct the Project, in part, at UBC under the supervision of UBC SUPERVISOR, and in part at COMPANY under the supervision of the above-named COMPANY SUPERVISOR.
3. FINANCIAL CONTRIBUTION
3.1 COMPANY shall contribute to the Scholarship by making the following payments to the Faculty of Graduate and Postdoctoral Studies at UBC:
NOTE : No NSERC or COMPANY funds will be assigned to the STUDENT for each 12 month period (as noted below) until the sponsorship portion of the award is paid for that period. If the NSERC Scholarship application is not approved or renewed by NSERC the cheque from the COMPANY will be destroyed or returned as per COMPANY’S instructions. / AMOUNT (Canadian $)a) On receipt of a valid invoice from FOGPS at UBC (Year 1). Invoice will be issued by FOGPS following receipt by FOGPS of NSERC Scholarship application (including fully signed IPS Agreement).
b) On receipt of a valid invoice from FOGPS at UBC (Year 2). Invoice will be issued by FOGPS following receipt by FOGPS of required renewal documents for the 2nd year of NSERC Scholarship.
c) On receipt of a valid invoice from FOGPS at UBC (Year 3) – NSERC IPS 2 Scholarship ONLY. Invoice will be issued by FOGPS following receipt by FOGPS of required renewal documents for the 3rd year of NSERC IPS 2 Scholarship.
4. INTELLECTUAL PROPERTY
COMPANY, STUDENT and UBC agree that NSERC’s Policy on Intellectual Property as set out on NSERC website: www.nserc-crsng.gc.ca/NSERC-CRSNG/Policies-Politiques/ip-pi_eng.asp shall apply to the Project. The parties agree that all rights and title to any inventions, improvements and discoveries that may be developed by the STUDENT in the performance of the Project (the “Intellectual Property”) shall belong * to:
UBC OR COMPANY OR jointly to UBC and COMPANY (please choose one by inserting X). The COMPANY acknowledges and agrees that UBC may use Intellectual Property without charge in any manner for research, scholarly publication, educational and all other non-commercial uses.
*Under UBC Policy#88, income derived from sale or other disposal by UBC of inventions or discoveries are distributed such that inventor receives 50% of the net income while UBC retains 50% of the net income (25% as general UBC funds and 25% to the relevant Faculty). Net income is calculated as gross income less direct costs. For more information, please call UILO-Technology Transfer at (604) 822-8586.
5. PUBLICATION
5.1 COMPANY acknowledges and agrees that the results of the Project must be publishable in the open literature as NSERC does not support secret or classified research. COMPANY agrees that the defence of STUDENT’s Master’s thesis or doctoral dissertation, the publication of STUDENT’s Master’s thesis or doctoral dissertation and granting of STUDENT’s degree, may not be delayed.
6. CONFLICT OF INTEREST
6.1 UBC agrees that it has informed UBC SUPERVISOR(s) of UBC’s Conflict of Interest Policy, which applies to all faculty members and students.
7. NO GUARANTEE OF OUTCOME
7.1 COMPANY acknowledges that UBC and STUDENT make no representations or warranties, either express or implied, statutory or otherwise, with respect to the data or other results arising from the Project or with respect to any confidential information they may disclose to COMPANY. UBC and STUDENT specifically disclaim any implied warranty of non-infringement or merchantability or fitness for a particular purpose and will in no event be liable for any loss of profits, be they direct, consequential, incidental, or special or other similar or like damages arising from any defect, error or failure to perform, even if UBC or STUDENT have been advised of the possibility of such damages. COMPANY acknowledges that the Project is of an experimental and exploratory nature, that no particular results can be guaranteed, and that it has been advised by UBC and STUDENT to undertake its own due diligence with respect to all matters arising from this Agreement.
7.2 Each party agrees that neither of the other parties shall be liable for any failure to achieve any specific results or scientific mileposts.
8. INDEMNITY
8.1 COMPANY indemnifies, holds harmless and defends STUDENT, UBC, its Board of Governors, directors, officers, employees, faculty, students, invitees and agents against any claims (including all associated legal fees and disbursements) arising out of COMPANY’s use of Intellectual Property or any data or other results arising from the Project, including but not limiting the generality of the foregoing, any damages or losses, consequential or otherwise arising from or out of the same, howsoever the same may arise.
9. TERMINATION
9.1 STUDENT may terminate this Agreement without cause on thirty (30) days written notice, and for cause, immediately on written notice, to the other parties.
9.2 If STUDENT terminates this Agreement, the parties shall have no further obligation to perform the Project, and COMPANY shall have no further obligation to pay any unpaid amounts. If applicable, the COMPANY’s portion of the award which has already been paid to the STUDENT, shall be returned to the COMPANY on a pro-rated basis. Despite termination, the following provisions shall survive:
a) Section 4 (Intellectual Property);
b) Section 5 (Publication);
c) Section 7 (No Guarantee of Outcome);
d) Section 8 (Indemnity); and
e) Paragraph 9.2 (Survival of Certain Provisions).
10. NOTICES
10.1 All requests, instructions and notices from one party to the others must be in writing, and may be given via registered post or confirmed facsimile transmission to COMPANY at COMPANY’s address set out above; and to UBC or STUDENT, at the FOGPS at the address set out above, with a copy to: Mr. A. A. Livingstone, Managing Director, University - Industry Liaison Office, #103 – 6190 Agronomy Road, The University of British Columbia, Vancouver, British Columbia, Canada V6T 1Z3 Telephone: (604) 822-8580 Facsimile: (604) 822-8589. Any such notice shall be deemed to have been received, if sent by facsimile, on the date of confirmed transmission, and if delivered, on the date of confirmed delivery.
10.2 UBC agrees that it shall promptly deliver to STUDENT’s then current address, as shown on UBC records, any notice received in accordance with Paragraph 10.1.
11. GENERAL
11.1 This Agreement constitutes the entire agreement among the parties on the subject matter, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties on the subject matter. There are no warranties, representations or other agreements between the parties in connection with the subject matter, except as specifically set out in this Agreement.
11.2 The parties shall use reasonable efforts to resolve any dispute concerning this Agreement within a reasonable period of time, failing which, any dispute other than one relating to scholarly activities, shall be settled by a single arbitrator appointed in accordance with the Commercial Arbitration Act in force in British Columbia. Despite the foregoing, any party may have recourse to the Courts to protect its intellectual property (including the UBC Intellectual Property). Scholarly disputes shall be settled in accordance with scholarly practice at UBC.
11.3 No supplement, modification or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby.
11.4 No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
11.5 This Agreement shall enure to the benefit of, and be binding upon, the parties and their respective heirs, executors, administrators and successors. The parties expressly disclaim any intention to create a partnership, joint venture or joint enterprise.
11.6 This Agreement, its validity, performance, discharge and construction shall be governed by the laws of the Province of British Columbia and the laws of Canada in force therein.
11.7 Neither UBC nor STUDENT may assign this Agreement without the prior written consent of the other parties. COMPANY may assign this Agreement to a purchaser of all, or substantially all, of the assets of COMPANY without the consent of the other parties.
In witness whereof this Agreement has been signed by COMPANY, UBC and STUDENT
COMPANYSignature
Date
Name
Title
UBC
Signature
Date
Name / Mr. J.P. Heale
Title / Managing Director, UILO
STUDENT
In signing this Agreement, I acknowledge that I have been advised by FOGPS, and have been given the opportunity, to seek independent legal advice.
Signature
Date
Name
I acknowledge that I have read the above Agreement.
COMPANY SUPERVISORSignature
Date
Name
Title
/
I acknowledge that I have read the above Agreement, and warrant that I have made full disclosure of any conflict of interest, as set out in UBC’s Policy & Procedure Handbook.
UBC SUPERVISORSignature
Date
Name
Title
UBC CO-SUPERVISOR (if applicable)
Signature
Date
Name
Title
I acknowledge that I have read the above Agreement.
UBC DEPARTMENT HEADSignature
Date
Name
Title
FACULTY OF GRADUATE & POSTDOCTORAL STUDIES
Signature
Date
Name
Title / Dean, FOGPS
http://www.grad.ubc.ca/forms/nserc-ips-agreement / page 5 of 5 / last updated: 2013-10-22