This Agreement is made effective as of the date of last signature by and between the State of Oregon acting by and through the State Board of Higher Education on behalf of the University of Oregon, an institution of higher education in the State of Oregon, located at Eugene, Oregon 97403 (hereinafter referred to as UNIVERSITY) and Institute for New Generation Computer Technology (ICOT), with offices at Mita Kokusai Building 21F, 1-4-28 Mita, Minato-ku, Tokyo 108, Japan (hereinafter referred to as ICOT).
WITNESSETH:
WHEREAS, ICOT desires research services in accordance with the scope of work outlined within this Agreement; and
WHEREAS, the performance of such research is consistent, compatible and beneficial to the academic role and mission of UNIVERSITY as an institution of higher education; and
WHEREAS, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
UNIVERSITY agrees to perform for ICOT the research activities described in Attachment A hereto under the direction and supervision of John Conery and Evan Tick, Co-Principal Investigators.
This contract shall become effective on date of last signature, and the research shall be completed by March 31, 1994. This contract shall automatically terminate on said date unless subsequent time extension, supplement, addition, continuation or renewal is mutually agreed upon in writing between the parties.
ICOT agrees to compensate UNIVERSITY for the research services performed under this Agreement in the amount of sixteen million Japanese yen (16,000,000), one-half payable within thirty (30) days after execution of this Agreement, and one-half after receipt of the REPORT specified in Article 4 and at the same time before the end of March, 1994.
UNIVERSITY shall provide a detailed REPORT on the research, as outlined in Attachment A.
No proprietary information will be furnished by either party.
UNIVERSITY shall request, in writing, approval of ICOT to purchase equipment to become the property of UNIVERSITY with funds provided under this Agreement.
Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees, to the extent allowed, required or provided for by law.
UNIVERSITY represents to ICOT that it is self-insured under provisions of the Oregon Revised Statutes(ORS), Sections 278.425 and 278.435, for its tort liabilities, including personal injury and property damage. Tort damages and indemnities shall be subject to the limitations and conditions of ORS 30.260 et seq. and ORE. CONST. art. XI, Section 7.
UNIVERSITY makes no representation regarding the accuracy or usefulness of the data, reports or other information supplied by UNIVERSITY hereunder, and ICOT assumes all liability for the consequences of any use made of the data, reports or other information supplied to ICOT hereunder.
Each party shall perform its respective responsibility, and responsibility shall not be transferred to any third party.
University agrees to assign the copyright (if any) of the REPORT to ICOT for publication and dissemination of information. ICOT shall grant UNIVERSITY permission to produce copies of the REPORT for its internal educational or research purposes without limitation as to duration or quantity.
Any notice, offer, acceptance, demand, request, consent or other communication required or permitted under this Agreement shall be in writing. A communication shall be deemed to be properly addressed as follows:
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If to UNIVERSITY: Vice President for Research University of Oregon 110 Johnson Hall Eugene, OR 97403 Attn: Director, Technology Transfer Services |
If to ICOT: Manager International Relations Department Institute for New Generation Computer Technology Mita Kokusai Building 21F 1-4--28, Mita Minato--ku, Tokyo 108 Japan |
There are no understanding, agreements, or representations, oral or written, not specified herein regarding this contract. No amendment, consent, or waiver of terms of this contract shall bind either party unless in writing and signed by all parties. Any such amendment, consent, or waiver shall be effective only in the specific instance and for the specific purpose given.
In WITNESS WHEREOF, the parties hereto have executed this Agreement.
| UNIVERSITY: THE STATE OF OREGON, acting by and through the State Board of Higher Education on behalf of the University of Oregon. |
ICOT: The Institute for New Generation Computer Technology (ICOT) |
| By: Melinda Grier Date OSBHE Contract Officer By: John T. Moseley, Date Vice President for Research |
By: Hiroichi Hiroshige Date Executive Director |