This Memorandum of Understanding is made on this 10th April, 2017.

UNIVERSITI MALAYSIA PAHANG (hereinafter referred to as “UMP”), an institution of higher learning established under the Universities and University Colleges Act 1971 whose address is at LebuhrayaTun Razak, 26300 Gambang, Kuantan, Pahang Darul Makmur, Malaysia and shall include its lawful representatives and permitted assigns; and UNITED INTERNATIONAL UNIVERSITY (hereinafter referred to as “UIU”), whose address is at UIU Bhaban, House 80, Road 8/A, Satmasjid Road, Dhanmondi, Dhaka, Bangladesh and shall include its lawful representatives and permitted assigns; (hereinafter referred to singularly as “the Party” and collectively as “the Parties”),

WHEREAS

  1. UMP is an established and competency-based technical university that specializes in the fields of engineering and technology which strives to enhance and strengthen its internationalization linkage and has taken various initiatives to compliment its educational excellence. UMP has entered into various collaborative arrangements with other parties to enhance its academic and research activities.

  2. UIU is a private university established in 2003 under the Private University Act 1998. Its vision is to become center of excellence in teaching and research in the south Asia region. It has already signed MOUs with a number of universities in Europe and USA for joint collaborative research and faculty exchange programs. In the last couple of years it has executed six EU funded Erasmus Mundus mobility projects with around twenty EU and Asian universities. “Quest for excellence” is its motto and it is relentlessly working towards achieving its goal.

  3. The Parties are desirous of entering into this Memorandum of Understanding to declare their respective intentions and to establish a basis of co-operation and collaboration between the Parties upon the terms as contained herein.

HAVE REACHED AN UNDERSTANDING as follows:

ARTICLE I

OBJECTIVE

The Parties, subject to the terms of this Memorandum of Understanding and the laws, rules, regulations and national policies from time to time in force in each Party’s country, will endeavor to strengthen, promote and develop particularly in academic and research co-operation between the Parties on the basis of equality and mutual benefit.

ARTICLE II

AREAS OF CO-OPERATION

  1. Each Party will, subject to the laws, rules, regulations and national policies from time to time in force, governing the subject matter in their respective countries, endeavor to take necessary steps to encourage and promote co-operation in the following areas:-
  1. A research collaboration  through:

  2. Joint Research
  3. Joint Collaboration
  4. Joint Publication

  5. An academic collaboration through:

  6. Participation in seminars and academic meeting
  7. Exchange of academic materials and relevant information
  8. Student Exchange for:
  9. Industrial Attachment
  10. Credit Transfer
  11. Cultural Exchange
  12. Staff Exchange
  13. Academic
  14. Administration
  15. Sabbatical
  16. Industrial Advisory; and

  17. Special short-term academic program for undergraduate studies,
  18. Dual degree for undergraduates and post graduate degrees; and
  19. Any other areas of co-operation to be mutually agreed upon by the Parties.
  • For the purpose of implementing the co-operation in respect of any areas stated in paragraph 1, the parties will enter into a legally binding agreement subject to terms and conditions as mutually agreed upon by the Parties including clauses on “confidentiality”, “suspension”, “protection of intellectual property rights” and “settlement of dispute” as contained in Annexure A of this Memorandum of Understanding.

ARTICLE III 

FINANCIAL ARRANGEMENTS

  1. This Memorandum of Understanding will not give rise to any financial obligation by one Party to other.

  2. Each Party will bear its own cost and expenses in relation to this Memorandum of Understanding.

ARTICLE IV

EFFECT OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding serves only as a record of the Parties’ intentions and does not constitute or create, and is not intended to constitute or create obligations under domestic or international law and will not give rise to any legal process and will not be deemed to constitute or create ant legal binding or enforceable obligations, express or implied.

ARTICLE V

NO AGENCY

Nothing contained herein is to be construed so as to constitute a joint venture partnership or formal business organization of any kind between the Parties or so to constitute either Party as the agent of the other.

ARTICLE VI

ENTRY INTO EFFECT AND DURATION

  1. This Memorandum of Understanding will come into effect on the date of signing and will remain in effect for a period of five (5) years with the understanding that either party may terminate the Memorandum of Understanding with twelve (12) months’ notice unless an earlier termination is mutually agreed upon.

  2. This Memorandum of Understanding may be extended for a further period as maybe agreed in writing by the Parties.

ARTICLE VII

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

  1. The protection of intellectual property rights (any invention, copyright, trade secret, or any other form of intellectual property) shall be enforced in conformity with the respective national laws, rules and regulations of the Parties and with other international agreements signed by both Parties.

  2. The use of the name, logo and/or official emblem of any of the Parties on any publication, document and /or paper is prohibited without the prior written approval of either Party.

  3. Notwithstanding anything in paragraph 1 above, the intellectual property rights in respect of any technological development, and any products and service development, carried out –

  4. jointly by the Parties or research results obtained through the joint activity effort of the Parties, shall be jointly owned by the Parties in accordance with the terms to be mutually agreed upon; and
  5. solely and separately by the Party or the research results obtained through the sole and separate effort of the Party, shall be solely owned by the Party concerned.

ARTICLE VIII

CONFIDENTIALITY

  1. Each Party shall undertake to observe the confidentiality and secrecy of documents, information and other data received from or supplied to, the other Party during the period of the implementation of this Memorandum of Understanding or any other agreements made pursuant to this Memorandum of Understanding.

  2. For purposes of paragraph 1 above, such documents, information and data include any document, information and data which is disclosed by a Party (the Disclosing party) to the other Party (the Receiving party) prior to, or after, the execution of this Memorandum of Understanding, involving technical, business, marketing, policy, know-how, planning, project management and other documents, information, data and/or solutions in any form, including but not limited to any document, information or data which is designed in writing to be confidential or by its nature intended to be for the knowledge of the Receiving party or if orally given, is given in the circumstances of confidence.

  3. Both Parties agree that the provisions of this Article shall continue to be binding between the Parties notwithstanding the termination of this Memorandum of Understanding.

ARTICLE IX

SUSPENSION

Each Party reserves the right for reasons of national security, national interest, public order or public health to suspend temporarily, either in whole or in part, the implementation of this Memorandum of Understanding which suspension shall take effect immediately after notification has been given to the other Party through diplomatic channels.

ARTICLE X 

SETTLEMENT OF DISPUTES

Any difference or dispute between the Parties concerning the interpretation and/or implementation and/or application of any of the provisions of this Memorandum of Understanding shall be settled amicably through mutual consultation and/or negotiations between the Parties through diplomatic channels, without reference to any third party or international tribunal.

ARTICLE XI

NOTICES

Any communication under this Memorandum of Understanding will be in writing in the English language and delivered by registered mail to the address or sent to the electronic mail address io@ump.edu.my or facsimile number of +609-549 2698 for Universiti Malaysia Pahang, Malaysia (UMP) or info@uiu.ac.bd or facsimile number of +880-2-9118170 for United International University (UIU) as the case may be, shown below or to such other address or electronic mail address or facsimile number as either Party may have notified the sender and shall, unless otherwise provided herein, be deemed to be duly given or made when delivered to the recipient at such address or electronic mail address or facsimile number which is duly acknowledged:

To:                                                                                          Universiti Malaysia Pahang

                                                                                                LebuhrayaTunRazak

                                                                                                26300 Gambang

                                                                                                Kuantan

                                                                                                Pahang Darul Makmur

                                                                                                Malaysia

                                                                                                Tel No: 609-549 2613

                                                                                                Fax No: 609-549 2698

To:                                                                                          United International University

House 80, Road 8/A, Dhanmondi, Satmasjid Road, Dhaka, Bangladesh

Tel No: 880-2-9129550

Fax No: 880-2-9118170

The forgoing record represents the understandings reached between the UNIVERSITI MALAYSIA PAHANG and the UNITED INTERNATIONAL UNIVERSITY upon the matters referred to therein.

IN WITNESS WHEREOF the Parties hereto have set their hands the day and year first above written.

SIGNED by For and on behalf of UNIVERSITI MALAYSIA PAHANG, MALAYSIA           Sd/- Professor Dato’ Dr. Daing Nasir Ibrahim Vice Chancellor SIGNED by For and on behalf of UNITEDINTERNATIONAL UNIVERSITY, BANGLADESH           Sd/- Professor M. Rezwan Khan Vice Chancellor
  in the presence of             Sd/- Professor Dato’ Dr. Rosli Bin Mohd. Yunus Deputy Vice Chancellor (Academic & International)   in the presence of        

Sd/- Professor Chowdhury Mofizur Rahman Pro-Vice Chancellor
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