BETWEEN
UNIVERSITI UTARA MALAYSIA, an institution of higher learning and a body incorporated in Malaysia under the Universiti Utara Malaysia (Incorporation) Order 1984 and the Universities and University Colleges Act 1971, having an address at 06010 Universiti Utara Malaysia, Sintok, Kedah Darulaman, Malaysia (hereinafter referred to as “UUM”) and shall include its lawful representatives and permitted assigns, of the one part;
AND
MAEJO UNIVERSITY an institution of higher learning and a body corporate established pursuant to the provisions of Chiang Mai; Sansai Chiang Mai 50290, Thailand (hereinafter referred to as “MJU”) of and shall include its lawful representatives and permitted assigns, of the other part.
(UUM and MJU hereinafter referred to singularly as “the Party” and collectively as “the Parties”)
WHEREAS
A. UUM is an established University which strives to enhance and strengthen its research, consultancy and publication has taken various initiatives to complement its educational excellence and has entered into various collaborative arrangements with other parties.
B. MJU is an established university that produces graduates who have the ability, academic excellence and / or professional to be able to practice, develop its educational excellence.
C. The Parties are desirous of entering into this MoA to declare their respective intentions and to establish a basis of co-operation and collaboration in implementing the student mobility programme (hereinafter referred as “the Programme”) upon the terms as contained herein.
REPRESENTATION AND WARRANTY
MJU represents and warrants to UUM that:
a) it is an institution of higher learning established under the _______________________;
b) it has the corporate power to enter into and perform its obligations under this MoA and to carry out the transactions and business as stipulated by this MoA;
c) it has taken all necessary corporate actions to authorize the entry into and performance of this MoA and to carry out the transactions stipulated by this MoA;
d) as at the execution date, neither the execution nor performance by it of this MoA nor any transactions contemplated by this MoA will violate in any respect any provision of:
I. MJU statutes and governing laws of Kingdom of Thailand; or
II. any other document or agreement which is binding upon it or its asset;
e) no litigation, arbitration, tax claim, dispute or administrative proceeding is presently current or pending or, to its knowledge, threatened, which is likely to have a material adverse effect upon it or its ability to perform its financial or other obligations under this MoA;
f) this MoA constitutes a legal, valid and binding obligation of MJU and is enforceable in accordance with its terms and conditions; and
g) it has necessary capability to undertake the responsibilities and acknowledges that UUM has entered into this MoA in reliance on its representations and warranties as aforesaid.
NOW IT IS HEREBY AGREED as follows:
1.0 OBJECTIVE
The Programme aims to enhance educational opportunities and to foster advancement in teaching and cultural understanding for the students of UUM and MJU.
2.0 MANAGEMENT OF THE PROGRAMME
2.1 This mobility program involves students pursuing Master of Public Management from the College of Law, Government and International Studies, Universiti Utara Malaysia and students enrolling Master of Public Administration in Public Policy and Public Management from School of Administrative Studies, Maejo University.
2.2 In each academic year, the party may send a number of students for the Programme. Selection of students shall satisfy the criteria as determined and agreed by the Parties.
2.3 Participants in the program initially will be drawn from the Ghazali Shafie School of Government at UUM, and School of Administrative Studies at MJU, at the discretion of the two institutions.
2.4 Student participants will be screened for eligibility for admission by the home institution. Each university shall respect the admission requirements and enrollment constraints of the host institution. Participants will be subject to the standard rules, regulations, and enrollment constraints of the host university in the selection of courses.
2.5 This includes requirements of language proficiency. The languages of instruction at both institutions for this student mobility program should be in English. Students must be proficient in the language of the host institution in order to participate in the program. The obligations of the two institutions under this agreement are limited to mobility students only and do not extend to spouses and dependents.
2.6 The departments/divisions involved in the student mobility program at the home university will provide academic counseling to ensure that the academic courses taken at the host institution are acceptable to the home institution. The host institution will provide course descriptions and syllabi to aid in course equivalency evaluation.
2.7 The credits taken or obtained in the Programme may be transferred subject to the rules and regulations of the Parties. Academic achievement reports will be sent to the student's home university at the conclusion of each semester, not later than four weeks after the last day of final examinations. In most cases, this will be by university transcript, used at the discretion of the home institution. Participants may be asked to pay a fee to the host university for this service.
3.0 STUDENT RESPONSIBILITIES AND EXPENSES
3.1 Students from both institutions are required to register at their home institution and pay all academic fees at their home institution. For the purpose of this mobility program, students have to pay tuition fees at the host institution.
3.2 The host institution will assist its guest students, to the fullest extent possible, in obtaining visas and other documents required by the government of the host country.
3.3 Neither UUM nor MJU will be responsible for the costs of room, board, travel, or other personal expenses (including books). The parties acknowledge that they will require the participants to pay these costs. Each university will assist arriving students to secure suitable housing for the period of time that they will be on the host campus.
3.4 Participants in the mobility program will be governed by the same regulations and performance standards that pertain to other students at the host university.
3.5 The host institution reserves the right to require the withdrawal of any student whose academic standing or conduct warrants such action. The host institution will consult with the home institution before finalizing such action.
4.0 OBLIGATIONS
The Parties shall:
4.1 not discriminate students on the basis of sex, race, religion, nationality or class in the decision whether to accept student exchange, practicum and internship programmes.
4.2 submit the details of the students to the host university beforehand for approval. The host institution reserves the right to reject candidates, in which case additional candidates may be proposed.
4.3 understand that students participating in the Programme have the same rights and privileges enjoyed by other students of the host institution; and also subject to the rules and regulations of the host University and the country.
4.4 do its utmost to make accommodation available to visiting students, subject to the costs to be charged to the students.
4.5 properly advise students that payment for medical insurance and other subsistence cost shall be the responsibility of the individual student, and neither UUM nor MJU shall be held liable for such charges.
5.0 FINANCIAL ARRANGEMENT
5.1 This MoA will not give rise to any financial obligation by one Party to the other.
5.2 Each party will bear its own cost and expenses in the implementation of this MoA.
6.0 CONFIDENTIAL MATTERS
6.1 Each Party shall undertake to observe the secrecy of confidential information received from or supplied to the other Party during the period of implementation of this MoA.
6.2 For purposes of this MoA, “confidential information” means any information whether prior to or hereinafter disclosed by a Party (the Disclosing Party) to the other Parties (the Receiving Party) of this MoA involving technical, business, marketing, policy, know-how, planning, project management and other information, data and/or solutions in any form, including but not limited to any information which is designated in writing to be confidential or by its nature intended to be for the knowledge of the Receiving Party or if orally given, is given in the circumstances of confidence.
6.3 The Parties agree that the provisions of this Clause shall continue to be binding notwithstanding the termination of this MoA.
7.0 COMMENCEMENT AND DURATION
7.1 This MoA is effective from the date of signing and shall remain in force for a period of FIVE (5) years.
7.2 The term may be reviewed or renewed subject to the written consent of both parties.
8.0 TERMINATION, REVISION AND AMENDMENT
8.1 This MoA may be terminated by either party by giving six months written notice. Upon termination, each party shall continue its respective obligations as elaborated under this MoA, until the students has completed the Programme.
8.2 Notwithstanding subclause 8.1, this MoA may be terminated if any party fails to comply with any terms of the MoA, and by giving a written notice, that party fails to remedy it within one month of the stated notice.
8.3 Either Party may, from time to time, request in writing a revision, modification or amendment of all or any part of this MoA.
8.4 No revision, modification, amendment or waiver of any provisions of this MoA shall be effective unless made by mutual cons