Model Agreement for a Sponsored Chair
Agreement between …………………… <financier> and Tilburg University1 for
financing of the chair …………………… <name of the chair>
…………………… <financier>, legally represented by …………………… <name and
position>,
(option:) Tilburg University (TiU), legally represented by Dr. K.M. Becking, President of
the Executive Board
See mandated decision: faculties and departments may enter contractual obligations up
to € 250,000. (The Executive Board must undersign higher amounts.).
and
the Faculty …………………… legally represented by ……………………, Dean.
To take into consideration that
…………………… <considerations taken to come to this agreement>
agree as follows:
1
1.
…………………… <financier>, commences …………………… <start date>,
for a period of …………………… year(s), allocates a subsidy of €
…………………… per year (amounting to: …………………… euro) to be
make available for establishing the chair …………………… <name of chair>,
hereinafter referred to as the ‘chair', at Tilburg University, hereinafter referred
to as the ‘University', in the field of ..................... <short description of the
chair position>.
2.
The amount mentioned under 1. shall only be used to maintain the chair and
develop related activities.
3.
The chair shall be filled by a professor. The University establishes a
professorship. The professor is employed by Tilburg University and will in
the........................ <name Faculty> Faculty, hereinafter referred to as the
‘Faculty'. The scope in working hours is ....... fte. The professor shall conduct
the scientific activities of his / her position within the ........................
<department/institute/research school>.
4.
The chair is under the supervision of a Supervisory Board consisting of five
persons.
........................ <financier> appoints two members from within its own
organization, the University shall appoint three members from within its own
organization. The Board appoints the Chairman from within its group. The
composition of the Supervisory Board shall commence as follows:
- From the ........................: <financier>
……………………
……………………
Tilburg University is based on the Stichting Katholieke Universiteit Brabant.
-
From the University:
……………………
……………………
……………………
5.
The objective of the chair is:
……………………………………….
6.
The teaching and research duties of this chair is detailed in Addendum 1 of
this Agreement.
7.
The activities described in the teaching and research duties will be conducted
under the responsibility of the professor. He / she is authorized to propose to
the management of the Faculty, with respect to the objective of the chair and
the available budget, researchers, student assistants and other staff to be
appointed. The professor submits an activity plan for discussion and approval
to the Supervisory Board at the beginning of each year.
8.
At the end of every (calendar) year, the professor will submit a scientific
report to the Supervisory Board.
9.
The administrative and substantive responsibility of the chair rests with the
management of the faculty.
10.
Pursuant to the Netherlands Code of Conduct for Scientific Practice
(Nederlandse Gedragscode Wetenschapsbeoefening, VSNU 2014), the
endowed professor operates in a context of academic liberty and
independence.
11.
TiU does not guarantee the usefulness of the results of the work conducted
under this Agreement nor for the consequences of the use of these results.
12.
The intellectual property rights arising from the work conducted by the
professor and University staff related to the Chair, are credited to the
University.
13.
TiU is entitled to publish the results of the work conducted in relation to the
Chair. The financier is entitled to publish the results as long as they are not
contrary to the interests of TiU.
14.
Sponsorship by ........................ <financier> of external work demonstrations
related to the chair such as publications and seminars, shall be appropriately
represented with, e.g. the logo of ........................ <financier>.
15.
If TiU is unable to fulfill the duties of the chair because of reasons beyond its
control, such as the absence of the professor because of illness, the
financier shall be notified thereof as soon as possible. In that case, the
involved parties shall determine a solution by mutual agreement. Should the
parties fail to reach agreement, then each party is entitled to terminate this
agreement immediately by means of a registered termination letter.
16.
In case of bankruptcy or suspension of payment from any one of the involved
parties, the other party is entitled to terminate this Agreement by means of a
registered letter with immediate effect. In terminating the Agreement for this
reason, the terminating party is not held liable for damages with respect to
the other party.
17.
…………………… <financier> shall advance the University an amount of €
........................ at the beginning of each quarter, i.e. ¼ of the amount
specified in Article 1. The University sends an invoice to ........................
<financier>. After each (calendar) year, the University shall create a financial
report and submit it to the Supervisory Board.
18.
The chair will be evaluated by the Supervisory Board in the year before last.
With a positive evaluation, the ........................ <financier> and the University
shall discuss whether or not and if so, how ........................ <financier> shall
continue financing the activities after ... ..................... <end date of the
Agreement>.
19.
The rights and obligations under this Agreement shall not be transferable to
a third party.
20.
Disputes concerning the implementation of this Agreement shall be
submitted to a Board of Arbitrators. Both parties will designate a member to
the Board of Arbitrators. Both members choose, in consultation with one
another, an independent third party to serve as Chairman of the Board of
Arbitrators. The thusly formed commission shall make a binding decision.
The Board shall decide by majority vote. The Chairman and the members
shall not be in an employment relationship with the client or the University.
21.
This Agreement is effective as of ........................ <date>. The Agreement is
valid for a period of ........................ years and, therefore, legally is terminated
on ........................ <date>.
Tilburg …………………… <date>
on behalf of
Tilburg University
on behalf of
…………………… <financier>
Dr. K.M. Becking
President of the Executive Board
…………………… <name>
…………………… <position>
……………… <name of the Dean>
Dean……………… <faculty>