MEMORANDUM OF UNDERSTANDING
BETWEEN
THE UNITED NATIONS HUMAN SETTLEMENTS
PROGRAMME
and
HIS HIGHNESS SHAIKH KHALIFA BIN SALMAN
AL KHALIFA FOUNDATION (KSF)
for
H.H. Shaikh Khalifa Bin Salman Al Khalifa UN-HABITAT Award
WHEREAS the United Nations Human Settlements Programme (hereinafter
referred to as "UN-HABITAT"), is mandated by the International
Community to assist countries and communities to address issues related to
sustainable urbanization and urban poverty, through concerted action and
policy reforms in the human settlements sector;
WHEREAS H.H Shaikh Khalifa Bin Salman Al Khalifa through his
visionary leadership has introduced effective shelter policy, housing finance
systems and good urban governance in the Kingdom of Bahrain; and
whereas the H.H. Shaikh Khalifa Bin Salman Al Khalifa Foundation
(hereinafter referred to as the KSF), is committed to promoting adequate
housing and sustainable urbanization at the global level;
WHEREAS UN-HABITAT as part of its mandate, promotes and facilitates
the exchange and transfer of experiences and knowledge on good policies
and best practices for improving the living environment;
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NOW, THEREFORE, UN-HABITAT and the KSF jointly establish H.H.
Shaikh Khalifa Bin Salman Al Khalifa UN-HABITAT Award to promote
the ideals and principles of adequate housing and sustainable urbanization in
the context of development. The Parties agree to enter into this
Memorandum of Understanding (hereinafter referred to as the "MOU") and
the attached concept paper to co-operate in promoting good policies and best
practices, under the following terms and conditions.
Article I: Scope of the MOU
1. The primary objective of the partnership defined by this MOU is to
establish the H.H. Shaikh Khalifa Bin Salman Al Khalifa Habitat
Award to promote pro-poor housing and sustainable urban development.
The purpose of the Award shall be to identify and recognize and
publicize outstanding initiatives related to housing programmes and
policies, and good urban governance; and to disseminate lessons learned.
2. The Award will be governed by an Executive Committee composed of
senior representatives from UN-HABITAT and the KSF.
Article II: Responsibilities of the Parties
3. In signing this MOU, the KSF agrees to pursue the following activities:
a) Establish the H.H. Shaikh Khalifa Bin Salman AI Khalifa UNHABITAT Award;
b) Disburse the agreed upon funding to UN-HABITAT by 15 January
each year to ensure a timely award process;
c) Both the UN-HABITAT and the KSF agree to promote the Award
through the international media;
d) Arrange with UN-HABITAT a biennial Award ceremony in
conjunction with the World Urban Forum.
4. The KSF will act as a Secretariat and overall substantive coordinator of
the Award, providing general technical support to the Executive
Committee in its function including but not limited to:
e) Promoting the Award through all possible and appropriate avenues
including the media network of the UN-HABITAT and where any
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UN-HABITAT technical support is requested, this will be at the
cost of the KSF;
f) Manage the call for, receipt and review of submissions for the
Award;
g) In consultation with UN-HABITAT, select members of a jury. The
jury will conduct all its deliberations including the assessment of all
the applications, in Bahrain.
h) Undertake all substantive follow up work featuring the winner,
including placing relevant material in the UN-HABITAT Best
Practices database, and publicizing the lessons learned.
Article III: Financial support
5. The KSF shall provide a financial contribution of US$66,000 to UNHABITAT towards the cost of support to the Award activities for the
year 2008. This amount covers the contribution for meeting UNHABITAT procedures. For subsequent cycles the KSF will reimburse
UN-HABITAT for actual services provided.
6. The KSF shall also cover the cost of the Award, including a cash award
of US$100,000 and other costs related to the organization of the Award
ceremony, the participation of the winner in the Award, the publicity for
the Award in the international media, etc.
Article IV: Copyright
7. UN-HABITAT shall also be entitled to all intellectual property and other
proprietary rights including but not limited to patents, copyrights, and
trademarks, with regard to products, or documents or any other materials
produced or prepared or collected in direct consequence or in the course
of the execution of this MOU.
8. At UN-HABITAT's request, the KSF shall take all necessary steps,
execute all necessary documents and generally assist in securing such
proprietary rights and transferring them to UN-HABITAT in compliance
with the requirements of the applicable law in the Kingdom of Bahrain.
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9. It is understood that all member States of the United Nations, any
Habitat Agenda partner including the KSF, as well as the general public
will have free access to any such intellectual property rights in
accordance with the policies and practices of the United Nations; and, in
the case of KSF, to use such intellectual property in promoting the
Award.
10. Both parties shall not, in any manner whatsoever, use each others
names, emblems or official seals, including that of the United Nations, or
any abbreviations thereof, in connection with their businesses or
otherwise, without prior approval in writing from each other.
11. KSF shall ensure that UN-HABITAT benefit from the similar
visibility and credit in any public event related or in connection with this
MOU that the KSF may hold or any activities Bahrain may undertake.
The manner in which this credit should be given shall be through mutual
consent.
Article V: Settlement of Disputes
12. The Parties shall use their best efforts to settle amicably any dispute,
controversy or claim arising out of this MOU or the breach, termination
or invalidity thereof. Where the Parties wish to seek such an amicable
settlement through conciliation, the conciliation shall take place in
accordance with the United Nations Commission on International Trade
Law (UNCITRAL) Conciliation Rules then obtaining, or according to
such other procedure as may be agreed between the Parties.
13. Any dispute, controversy or claim between the Parties arising out of
this Agreement or the breach, termination or invalidity thereof, unless
settled amicably under the preceding paragraph of this Article within
sixty (60) days after receipt by one Party of the other Party's request for
such amicable settlement, shall be referred by either Party to arbitration
in accordance with the UNCITRAL Arbitration Rules then obtaining.
The arbitral tribunal shall have no authority to award punitive damages.
In addition, unless otherwise expressly provided in this Agreement, the
arbitral tribunal shall have no authority to award interest. The Parties
shall be bound by any arbitration award rendered as a result of such
arbitration as the final adjudication of any such controversy, claim or
dispute.
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Article VI: Privileges and Immunities
14. Nothing in or relating to this MOU shall be deemed a waiver, express
or implied, of any of the privileges and immunities of the United Nations,
including UN-HABITAT.
15. The KSF shall indemnify, hold and save harmless, and defend, at its
own expense, UN-HABITAT, its officials, agents, servants and
employees from and against all suits, claims, demands, and liability of
any nature or kind, including their costs and expenses, arising out of acts
or omissions of the KSF, or its employees, officers, agents or subcontractors, in the performance of this MOD. The obligations under this
Article do not lapse upon termination of this Agreement.
Article VII: Miscellaneous
16. Both parties warrant that no official of the United Nations, UNHABITAT and the KSF has received or will be offered any direct or
indirect benefit arising from this MOU.
17. Either party may terminate this MOU for cause, in whole or in part,
upon thirty (30) days notice, in writing, to the other party. The initiation
of arbitral proceedings in accordance with Article V "Settlement of
Disputes" above shall not be deemed a termination of this MOU.
18. The KSF shall comply with all laws, ordinances, rules, and regulations
bearing upon the performance of its obligations in connection with this
MOU.
19. This MOU shall be modified only by written agreement of the Parties.
Article VIII: Entry
into Force and Duration of the MOU
20. This MOU shall enter into force on the day duly representatives of the
Parties sign it and shall remain in force until either or both parties
terminate it.
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21. IN WITNESS WHEREOF the undersigned, duly appointed
representatives of UN-HABITAT and KSF respectively, have on behalf
of the Parties signed this MOU, as follows:
On behalf of the H.H. Shaikh
Khalifa Bin Salman Al Khlaifa
Foundation
On behalf of
UN- HABITAT
Signature:
Date:
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