FRAMEWORK AGREEMENT BETWEENTHE UNIVERSITY OF LAS PALMAS DE GRAN CANARIAAND ……….. ….FOR THE DEVELOPMENT OF MUTUAL ACADEMIC AND RESEARCH PROGRAMMES
Las Palmas de Gran Canaria, on the….. of ………………of 201..
BETWEEN
The most distinguished Mr. JOSÉ REGIDOR GARCÍA, Rector of the UNIVERSITY OF LAS PALMAS DE GRAN CANARIA (hereinafter ULPGC)by appointment of the President of the Government of the Canary Islands (Decreto 54/2007, 9th of April 2007, published on April 4th2007 in the official bulletin of the Canary Islands; B.O.C. nº 75) with the fiscal identification code Q3518001 G and established in C/ Juan de Quesada, 30, Las Palmas de Gran Canaria, Spain, by virtue of the power bestowed upon him in articles 81, 84 a) and 149 of the articles of the institution’s statutes approved by theDecreto 30/2003 established on the 10th of March by the Canary Islands Government, as the representative of the other part.
AND
Mrs./Mr. ……………, ………….. of the …………….. established in …………………………………………, as legal representative of the one part.
The parties, acting in accordance with their position, mutually and reciprocally acknowledge that they are legally empowered to formally grant the present Agreement and, to such effect
HEREBY AGREE:
I. That theULPGC, constituted by the act Ley Territorial de Reorganización Universitaria de Canarias 5/1989, establishedon the 4th of May 1989 and governed by the above mentioned institution’s own statutes and by the Ley Orgánicade Universidades 6/2001, enacted on the 21st of December 2001, modified by the Ley Orgánica4/2007 enacted on the 12th of April. That according with the aforesaid legislation, the ULPGC has separate legal personality with full capacity to act within the field of public higher education services- teaching, studies and research – which it performs through the compliance with the following objectives, among others:
-Creation, development, transmission and criticism of science, technology and culture.
-Scientific and technological support for the cultural, social, technological and economic development of Spain and particularly of the Canary Islands.
-Preparation of professional activities that require the implementation of artistic creation or technological and scientific knowledge and methodology.
To be able to carry out these actionswhenever the ULPGC deems it appropriate, it will be legally capable to establish contacts, sign any contract or agreementwith apublic or private entity,organization or institution, whether national or international.
II.That (name of the institution) whose mission and objectives are (describe institution’s mission) as established in (includethe appropriate institution’s statutes).
III. The parties wish to start a close collaboration with the aim of stimulating the performance of the mutual objectives, granting that this collaboration will provide a better management of the available resources, facilitating better results of the programmes and projects both partners decide to mutually set up. Any type of collaboration will be to the advantage of both institutions, and definitively, to the advantage of the scientific and cultural development and the progress of the Canary Islandsand ………..(include institution’s region/country of influence).
IV. Taking into account the aforementioned, the parties manifest their will to execute the present Framework Agreement according to the following clauses or
PROVISIONS
FIRST: The objectives
The present agreement endeavours to establish the framework for future scientific, technological and cultural collaboration betweenthe ULPGC and (the institution)(include name of institution)…………………for the accomplishment of the following objectives:
a)Development and transmission of education and culture at a general level between both institutions.
b)The development of Higher Education teaching and scientific and technological research.
The extent of the collaboration will depend, in each case, on the allocation of resources each institution has to its own disposal as well as the priorities required by their own current programmes.
SECOND: Priority areas
In order to fulfil the abovementioned objectives, both parties will organisejoint programmes, particularly those related to the following priority areas:
a)Area (s) of (describe areas of collaboration).
b)Joint studies and researches.
c)Exchange of students, teachers and researchers.
d)Basic and advanced training for teachers and researchers.
e)Any other activity that the parties consider essential for the accomplishment of the objectives of this agreement.
THIRD: Development of the programmes and projects
The present Framework Agreement entails no expense.
The specific aspects of programmes and projects to undertake will be developed subsequently through the execution of Specific Agreements. TheseAgreementsspecific to each priority areawill be progressively incorporated as they are signed by the parties, and they will comprisean indivisible part of the present Agreement in the form of attached documents.
All economic contributions required to cover the expenses derived from the collaboration will be assessed and decided by the competent bodies of each institution for each Specific Agreement resulting from the mentioned collaboration.
In order to facilitate the execution of the Specific Agreements related to the different areas the undersigned parties will be allowed to obtainfinancial assistance, grants, funding and contributions from other public or private entities.
FORTH: Follow-up of the Agreement
For the implementation, control, follow-up and communication of the activities established in the present Framework Agreement and in each one of the future Specific Agreement being part thereof, a Follow-up Commission will be constituted within three months after the signing of the present Agreement. This Commission will also have to fulfil the tasks provided by the 7th clause of the present agreement as well as all duties it may be assigned by further Agreements and implementing provisions.
The Commission will be composed of four representatives evenly appointed by each party. Two of these representatives shall be the Rectors/Presidentsof the undersigned institutions, who may delegate their representation to their Deputy Rectors/Presidents, and who shall respectively appoint the two other members.Each year, starting at the signing of the present Agreement, the presidency of the Commission will be alternatively taken by one of the Rectors/Presidentsor Deputy Rectors/Presidents. The first year the Rector of the ULPGC will take up the presidency.In the event of a tie vote the commission’s president’s vote will be decisive.
FIFTH: The duration of the Agreement
This Agreement shall be in effect for a period of (specify - maximum five years).The Agreement shall be in force during this period and shall be automatically extended for additional periods of three years, as long as either party does not decide to terminate the agreement, where in such case; it shall submit a written notice six months prior to the date of withdrawal.
In the case that there wereSpecific Agreements in force when the present Framework Agreement is terminated they will continue to be in full force and effect until the completion of the specific activities.
SIXTH: Ownership and commercial rights of the results of the programmes and projects
The parties hereby agree that all the details of intellectual and industrial property rights relating with the activities, projects and programmes developed by the parties, will comply withthe provisions of the statutes of theULPGC, without any prejudice to the possibility of reaching specific common agreements which must be contained in each area of the Specific Agreement.
SEVENTH: Jurisdiction
The parties agree to submit to the Follow-up Commission hereby established all disputes that may arise concerning the interpretation, development, modification, resolution or effects that could derive from the application of the present Framework Agreement as well as from the Specific Agreement that might be derived thereof.
If an agreement failed to be reached, the parties expressly agree to refuse to any jurisdiction or fora they may be entitled to and agree to solve their disputes through a final procedure of arbitration. Each party has the right to choose an arbiter and expressly agrees to comply with the arbitral award pronounced.
EIGHTH: With respect to the collaboration between the parties
The undersigning parties hereby agree to collaborate at all times, in accordance with the principles of good faith and efficiency, to ensure the correct execution of what has been agreed upon as well as to promote the cultural, scientific and technological development of the institutions subject to the present agreement.
IN WITNESS WHEREOF, the parties have signed this Framework Agreement inSpanish and English duplicate originals,identical in content and purpose, as of the day, month and year set forthabove.
ON BEHALF OF THEUNIVERSITY OFLAS PALMAS DE GRAN CANARIA / ON BEHALF OF ……………Signed: D. José Regidor García
Rector Magfco. / Signed: ………..
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