MEMORANDUM OF AGREEMENT BETWEEN (STATE UNIVERSITY) AND UNIVERSITY PARTNER, PARTNER COUNTRY (STATE UNIVERSITY) (HEREINAFTER “STATE”) AND (THE UNIVERSITY PARTNER), wishing to establish cooperative relations between the two institutions, and especially to develop academic and cultural interchange between them through mutual assistance in the areas of education and research, hereby resolve to cooperate in the development of programs and academic exchanges subject to the following agreed upon terms and conditions contained herein. Article1: Project Summary The purpose of this agreement shall be to establish the formal understanding of the scope of operations between these two leading educational institutions and commits to writing the intent and mutual assent of both parties to engage in the following activities, subject to future amendments and conditions as further agreed upon by both parties as the relationship continues to develop. Article 2: General program requirements Article 3: Responsibilities of WCU Article 4: Participating students will be responsible for the following Article 5: Responsibilities of __________ Article 6: term and Termination This agreement will be effective upon its mutual signing and remain in effect for a period of (____)years, and may be amended by written agreement by both parties. This Agreement may be cancelled by either party in writing with 90 days notice, subject to modifications by amendment or subsequent individual program agreement. In the event that the agreement is not renewed or is terminated in any other way, any related activities in progress at the time of termination of this Agreement will continue until the current semester in which the termination takes place is completed. Article 6: Miscellaneous Liability. Neither of the parties shall assume any liabilities to each other. As to liability to each other or death to persons, or damages to property, the parties do not waive any defense as a result of entering into this contract. This provision shall not be construed to limit the Commonwealth’s rights, claims or defenses which arise as a matter of law pursuant to any provisions of this contract. This provision shall not be construed to limit the sovereign immunity of the Commonwealth or of the State System of Higher Education or the University Independent Contractors. Nothing herein shall be construed to create an agency relationship between the home and host universities, or any employment relationships between the institutions for any faculty or staff member provided under the exchange program. The parties are independent contractors and no legal relationship is intended by this Agreement. Use of logos. Neither the home nor the host institution may use any identifying markse of the other without the express written permission of the other party. Equal Opportunity. Both (University Partner) and (State University) subscribe to a policy of equal opportunity and will not discriminate on the basis of race, gender, religion, national origin, marital status, sexual orientation or physical disability. Authoritative Version. The English version of this agreement shall be the authoritative version of the Agreement for all purposes. In the event of a conflict between the English version and any translation of this agreement, the English version shall control. Severability. If any section or provision of this Agreement is held illegal, unenforceable or in conflict with any law by a court or competent jurisdiction, such section or provision of this agreement shall be deemed severed from this agreement and the validity of the remainder of this agreement shall not be affected thereby. Whole agreement and amendments. This agreement contains the entire agreement between the parties hereto and shall not be modified, amended or supplemented, or any rights herein waived, unless such amendment or modification this Agreement is (i) in writing; (ii) refers to this Agreement; and (iii) executed by an authorized representative of each party. This Agreement supersedes any and all previous agreements, whether written or oral between the parties. Choice of law. Where applicable, this agreement will be governed by the laws and jurisdiction of the Commonwealth of Pennsylvania. INTENDING TO BE LEGALLY BOUND, by signing below, each party acknowledges its agreement with the terms and conditions of this Agreement and each signatory represents and warrants the he/she is authorized to sign on behalf of and to bind his/her party to all of the terms and conditions of this Agreement as of the effective date. FOR WCU FOR __________ ___________________________________ Dr. Greg Weisenstein, President Date: ______________________________ _____________________________________ ___________________________________ Dr. Linda Lamwers, Provost Date: ______________________________ _____________________________________ __________________________________ University Legal Counsel West Chester University Date: _______________________________ Date: ______________________________ Date: ______________________________