COOPERATION AGREEMENT BETWEEN WEIFANG UNIVERSITY AND BEMIDJI STATE UNIVERSITY Party A: Weifang University, Shandong, China Address: 5147 East Dongfeng Street, Weifang, Shandong Province, 261061 Representative: President Shoulun Wang Party B: Bemidji State University of the United States of America Address: 1500 Birchmont Drive NE, Bemidji, MN 56601 Representative: President Richard Hanson In order to strengthen international cooperation and run the university more internationally, according to the Regulations of the People’s Republic of China on Chinese-Foreign Cooperation in Running Schools, NOW THEREFORE, the parties agree as follows: I. Program Name Cooperation Agreement between Weifang University and Bemidji State University of Bachelor Degree in Biology. II. Project Mission and Objectives Project Mission: In cooperation between the two parties, Weifang University will introduce the high quality education resources of Bemidji State University into its education programs as described herein. The two parties will work together to create an outstanding international program with the combination of the resources of two parties. Project Objectives: The two parties will cooperate to deliver high quality degree programs to Chinese students with focus on Biology on the basis of cooperation with Bemidji State University. III. Cooperation Format Weifang University will remain responsible for operating its degree programs, including all instruction, necessary facilities and equipment and will incorporate Party B’s related courses into its degree program(s) pursuant to this Agreement. The parties agree to jointly decide how Party B’s courses will be offered and the program structure; instruction will occur on Party A’s campus. Students enrolled in a program under this Agreement will study four years with Party A. Upon successfully finishing all the required courses at Party A, students will receive a bachelor’s degree and a diploma from Party A. IV. Student Recruitment After being approved by the Chinese government, the recruitment for this program will be integrated with the China National College/University Admission System. Chinese high school graduates, who take the National Colleges/Universities Exam and passed the bench mark set by this program, could be admitted to this program. The annual new students’ quota for this program will be one hundred students with a total size of four hundred in four years. No marketing or recruitment materials using the name “Bemidji State University” or “Minnesota State Colleges and Universities” or its logos shall be used without express approval by Bemidji State University in advance. V. Mutual Responsibilities Both parties all agree to respect and obey all the laws and regulations of both countries, as applicable. Both parties agreed to jointly design the program and deliver the program together following any applicable requirements set by the regulating bodies of each party. The responsibilities agreed to by both parties are set as following: a) Responsibilities of Party A: i. ii. iii. iv. v. vi. vii. viii. ix. x. All costs and documents required for applying for appropriate program approval from the Ministry of Education of China; Consulting with Party B to design the program; Providing all the required facilities and equipment, such as office, classroom, library, activity venue, etc. for program operation at its campus; Providing its students and, as applicable, Bemidji State University faculty with dormitory and dining facilities; Being responsible for student recruitment, registration, collection of tuition and other administration of program; Provide, at its own expense, translators for courses taught by Bemidji State instructors and reimburse Bemidji State University for faculty instructional costs in a timely manner, as agreed by the parties; Following the agreed program structure, providing instructors to deliver the required Party A courses for the program; Assist Party B instructors to acquire the proper visa and residence documents to be able to teach in China, as applicable; Issuing diploma and bachelor degree to students who successfully finish the program. Party A shall be responsible for any travel costs, accommodations, and visa related expenses for Party B from the joint programs account. The expenses mentioned above will be established through negotiation on a standard price. b) Responsibilities of Party B: i. ii. iii. VI. Providing the required documents and assisting Party A to apply for the government approval of the program in China; Working with Party A to jointly design the program and providing related curriculum and teaching plans for the program; According to the teaching plan agreed by both parties, Party B is responsible for sending qualified teachers to Party A to complete the teaching tasks agreed by both parties. Partnering with Party A, supervising the registration, delivery and evaluation of the program, including any travel to China by faculty for providing in-person instruction; Financial Terms Party A is solely responsible for providing and maintaining all the teaching facilities at its campus, including appropriate technology to accommodate videoconferencing instruction. The tuition for courses offered in China under this Agreement is required to be approved by the local price control bureau. Party A is responsible for maintaining accounting records and is subject to auditing as requested by party B. Tuition collected will be used for compensation of teaching costs of both parties; and the leftover fund will be used for education purposes and continuing improvement of the program. Party A will pay Party B teaching costs in accordance to the afore mentioned negotiated prices 4 weeks into the new semester. The payment shall be made in U.S. dollars to Party B by wire transfer in a manner directed. If Party A fails to make full and timely payment for course instruction, Party A must pay twice the standard teaching costs for not abiding by the agreement. At the beginning of each semester, the parties shall establish the pay for each course; payment shall be made in U.S. dollars to Bemidji State University by wire transfer in a manner directed. Payment is due: Failure to make full and timely payments for course instruction is grounds for immediate termination of this Agreement. Bemidji State University has no financial obligations under the Agreement except as stated herein or as agreed to by the parties in writing and incorporated by amending this Agreement VII. Program Management All legal, operational and credentialing approvals shall be secured as required before Bemidji State University faculty begin instruction under this Agreement. A committee will be formed to supervise the operation of the program. There will be total of seven committee members. Four of them will be appointed by Party A; and three will be appointed by Party B. The chairman of the committee will be appointed by Party A. The committee members should meet every semester to discuss related issues of the program. The parties understand and agree that any change to the location or modality of the delivery of instruction, or identify of institution awarding the degree or certification shall be required to be agreed to and documented in writing as an amendment or addendum to this Agreement. VIII. Intellectual Property MnSCU shall own all rights, title and interest in all of the materials conceived or created by Bemidji State University or its employees or subcontractors, either individually or jointly with others and which arise out of the performance of this contract, created and paid for under this agreement. IX. Dispute Settlement Both parties agreed to resolve any disputes through friendly discussions. Should any dispute arise regarding the construction and implementation of this MOA, the parties shall promptly confer to resolve such dispute. As a sign of mutual good faith, the parties expect to resolve all disputes in the foregoing manner. Amendment, Alteration and discharge of the agreements 1. It is anticipated by the parties that any details about the operation of the program not described herein shall be determined by both parties and be described in writing in an addendum or amendment to this Agreement. X. XI. XII. The parties understand that as a result of a change to government or other regulatory body policy, this program may be terminated or could cause the parties to immediately end the Agreement. Upon the termination of this Agreement under such circumstances, both parties shall use their best efforts to permit all currently enrolled students to complete the program semester or class. Either party may terminate this Agreement by written notice submitted to the designated representative of the other party six months prior to the intended termination date.. Upon the termination of this Agreement, both parties agree to use their best efforts to permit any currently enrolled students to complete their program semester or class. Liabilities for Breach of the Agreement Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State of Minnesota and Bemidji State University’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes sections 3.732 and 3.736, et seq., and other applicable law. Breach of this agreement is referred to non-execution of the provisions under the agreements within a sixty days period after having been notified by the other party. The party who receiving damages has the rights to ask for compensation from another party who breaching the contract. XIII. Term of this agreement This agreement shall not be effective until Party A has received appropriate program from the Ministry of Education of China. This agreement is written in both Chinese and English with four copies each. The Chinese and English versions have the same legal effect. This agreement will become effective from the date of the bilateral official signature and the permission of the Chinese education administration. The term of validity is eight years. IN WITNESS WHEEREOF, the parties have caused this Agreement to be executed by their respective authorized signatories intending to be bound thereby. : Party A (stamp) Party B (stamp) Weifang University Bemidji State University Representative (signature): Representative (signature): 王守伦 ____________________ _______________________ Name:____________________ Title: ___________________ Date: Date: _________________