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AGREEMENT FOR COOPEF\A TlON BP.T\'.'EI•:N

THE fNDO NESJA GEOLOGICAL RESEARCH AND DEVELOPMENT CCNTH I•:

AND

THE UNIVERSITY OF NEW ENGLAND, ａｕｓｔｉｾ Ｚ ｜ｌｉ ａ＠

Thts Agreement is made · and entered into. 1 0'11 M arch 2004 by an<l between

THE INDONESIAN GEOLOGICAL RESEARCH AND OEVELOf.JMEN1 CEN: ｆｾｅ＠ .

,LI.,gency of Research and Dev.elopment for E nergy and Mineral Resources . Ministry of Energy and Mineral Resources of the Republic of Indonesia located a: Ja lan Diponegoro Nomor 57, Bandung (henceforth referred to as "GRDC")

And

THE UNIVERS ITY OF NEW ENGLAND (ABN 75 792 454 315). AUSTRALIA, located at Armidale, New South Wales (henceforth referred to as "Uf\JE"),

Henceforth both of them re,ferred to as the "Parties".

DESIR ING to promote further and encourage the close and friendly relations existing between the Parties;

CONSIDERING their common interest to promote and encourage a climate of open exchange and co-operation in all academic areas relating to the research and transfer of knowledge in areas of geology that of mutual interest and beneficial to the Part ies :

REALIZING the need for effective cooperation relnting to geological rese<Jrch 8ncf technical fields which will enhance the energy and mineral resources sector ir. both countries:

CONVINCED that an essential means to ac111eve such cooperation is tt1e conclusion and implementation of an Agreement ;

HAVE AGREED as follows:

ARTICLE 1 OBJECTIVE

The Parties shall, on the principle of equality and mutual benefit, lo engage 1n researc11

and development program of cooperation 1n the f:e!d of geology and related subjects .

, ARTICLE 2

'SCOPE

OF CO-OPERATION

The Parties shall promote a climate of open exchange and cooperation in a ll academ ic areas relating to research and transfer of knowledge of archaelogy, the development of new areas of research and instruction, and the ｳｾ｡ｲｩｮｧ＠ and dissem ination of information and documentation in all areas of mutua l .interest and benefits .

ARTICLE 3

COOPERATIVE A CTIVITIES

1. To facilitate co-operation between t l1e staff of GRDC and of UNE in resea!'d't, publication, knowledge sharing/transfer of knowledge, su\.lervision and exam ination of students, mounting of conferences and other mutual interest;

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ARTICLE 4

IMPLEMENTING ARRANGEM ENT

Specific activities, projects. relevant funding and other mailers relating io the implementation of the Agreement sha!! be negotic:tec! nnd conducted under c:n Implementing Arrangement.

2 Implementing Arrangements shall prov1de for t11e protection of ReJcl-:0,round

Intellectual Property and Foreground lntellectuJI Property.

3. The Parties shall use their best endeavours to ensure Uiat the cwners!1ip of any Foreground Intellectual Property is apportioned between t11e Parties. in accordance with the provisions specified in the !mplementing .IVramgemer.ls w!1ich shall be developed taking into account:

(a) the intellectual' contributions of each party (b) the financial contributions of each party

(c) the contribwtions of Background !ntellectual Property researcl1 effort ancl preparatory work of each party:

(d) the value of contribution of objects and/or materials of eac!1 Parlicipail: (e) the facilities provided by each party:

(f) legal considerat·ions; and

(g) such other relevant considerations as the party may decide upon.

4. Implementing Arrangements shall inc!ude provision for checl<ing for and protection against infringement of Intellectual Property Rights of third parties. Unless otherwise decided by the parties to them, Implementing Arrangements shall be legally enforceable under the respective domestic laws of the Parties

ARTICLE 5 COORD! I'!:\ TORS

5. In order to ensure the good management and arrangements of the cooperative activities stipulated under Article 2, the Parties have agreed to designate Dr. Fachroel Aziz as Coordinator for GRDC and Associated Professor Mike Marwood as Coordinator for UNE.

6 . The Coordinators are responsible for tl1e coordination and facil itation of cooperative activities and day-day-today operations. and shall discuss and review from time to time the implementation of this Agreement, matters of importance. and shall work towards developing appropriate guidelines for Implementing Arrangements

ARTICLE 6

SETTL.EMEI'JT OF DISPUTES

1. The Parties agree that, as at the date of signing of this Agreement, to the best of their knowledge, no conflict of interest exists or is likely to arise in re!ation to the intention of the parties to cooperate under this Agreement.

2. Any dispute or differences arising out in the implementation or interpretation of this Agreement shall be settled amicably through friendly consultations or negotiations based on principles of mutual interest and trust

ARTICLE 7 REALIZATION

1. This Agreement is only to express the intentions of t11e Parties for cooperation. Realization or Implementation of this Agreement shall be further set up and agreed by the Parties in Implementing Arrangement as stipulated in Article 4 which shall be an integral part of this Agreement;

2. Implementation of thi s Agreement shall take place in accordance witll t11e prevailing

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ARTICLE 8 FINAL PROVISION

( 1) Th1s Agreement shall enter into force on the date of s1gnature a

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sl1all rernc11n 1nto force for a period of 4 (four) years, un!ess either party v.dshes to terminate it by giving pnor written notice to the other of at least 6 (six) months before 1ts expirat1on and such termination shalf be at mutua l consent;

(2) This Agreement may be amended by mutual agreement of the parties,

IN WITHNESS WHEREOF the undersigned being duly authonzed thereto by t11eir respective institutions, have signed this Jl.greement in duplicate in the English langttage. both text being equally -authentic.

Done at Bandur.g, this day of 1011' March 2004

UNIVERSITY OF N EW ENGLAND AUSTRALIA (UNE)

Signed

Professor Ingrid Moses Vice-Chancellor

GEOLOGICAL RESEARCH AND DEVELOPMENT CENTRE (GRDC)

Signed

Or. ｄｪ｡､Ｎｩｐｏｾｫ｡ｲｮ｡＠

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!IMPLEMENTING ARRANGEMENT

Between

THE GEOLOG ICAL RESEARCH AND DEVELOPMENT CENTRE (INDONESIA! And

TH E UNIVERSITY OF NEW ENG LAND (AUSTRALIA CONCERNING

JOINT RESEARCH ON ASTRIDE THE WALLACE LINE 1.5 MILLION YEARS OF HUMAN EVOLUTION, D ISPERSAL, C ULTURE AND ENV!RONMENT CHANGE IN

INDONESIA

This Agreement is made and entered into, this tenth day Marc11 20011 by ancf between

THE GEOLOGICAL RESEARCH AND DEVELOPMENT CENTRE (INDONESIA )

located at Jalan Diponegoro Nomor 57, Bandung (hereinafter ref en ed to as GROC) and

THE UNIVERSI TY OF NEW ENGLAND (AUSTRALIA) (ABN 75 792 454 515)

(hereinafter referred to as "UNE") .

Henceforth both of them are referred to as the Parties;

RECALLING the Agreement Between The Geological Research 1\nd Oevc>lopment Centre (Indonesia) and The University of New England (Australia) signed in Ba ndung on 101

h March 2004·

.

DESIRING to engage in a program of collaborative research concerning Astride the Wafface Line: 1.5 Million Years of Human Evolution, Dispersal, Culture and Environmental Change in Indonesia;

HAVE AGREED AS FOLLOWS :

Article 1

Definitions and Interpretation

For this purpose of this Implementing Arrangement the following words in bold letters have the meanings defined below if they beg:n with a capital letter in the text.

1.1 . Definitions

(a) Ag reement means this Implementing Agreement;

(b) Clause means a clause or part of a clause of this Agreement;

(c) Confidential lnfortnati on means and includes al! personal, techn ical, proprietary, eng ineering and operational information (including but not limited to software programs, sources, codes and object codes), drawing, techniques, processes, know-how, meth<;>ds of working, data specifications, trade secrets and any other information disclosed or communicated that the Institutions ought reasonably to consider as confidential;

(d) Institution means the Institutions party to this Agreement;

(e) Intellectual Property mean s and includes all copyright including future copyright, trade marks, designs, patents registered and un registered, pfant bree.c!c;·s rigl1ts. trade secrets and know-how, semiconductor or circui! ln yout:.; . dfi(l nil ot11er Intellectual property as defined in Article 2 of the convention of 1967 estab lishing the World Intellectual property Organization;

(f) Person means an individual, ｰ ｡ｲｴｮ･ｾｾｳｨｩｰＬ＠ joint venture or any legal entity, ｡ｾ､＠

(g) Proj ect means the project outlined in this Agreement.

1 .2. Interpretati o n

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(c) A reference to a Clause is a reference to a Clause in t111s 1\greernent. (d) Headings are inserted for convenience only c:!nd do not affect the

interpretation of this Agreement;

(e) The English language version of this Agreement in the parties Article 2

PURPOS!::

To execute a collaborative project concerning study on "Astricfe the Wallace Lme 1.5. Million Years of Human Evolution, Dispersal, Culture and Environrnental Cllange 111

Indonesia" by investigating the following major events :

(1)

the initial arrival of hominids in the Indonesian arct1ipe!ago; - the extinction of early hominids, such as Homo erectus;

the appearance of Fully modern humans, Homo sapiens sapiens .

major ecosystem changes (animals and landscape) Article 3

AREAS AND FORMS OF COLLABORATIVE PROJECT Collaborative GRDC/UNE research will include :

(a) Large-scale excavations at Mata Mer.ge, Central Ftcres, to identtfy the type of hominid, which initially colonized east Indonesia, and to examine special patterning of cultural and palaeontological evidence at the site .

(b) Collection of samples and excavations at other palaeontological and archeological sites on Flores to establish their potential for further research. (c) Surveys, collection of samples and excavations at paleontological and

archeological sites on other Indonesian islands to establish their potential for further research Sulawesi, Sumba and Timor would be prime candidates for such worl<.

(d) Mapping, dating and excavations at selected early hominid sites in the Solo River Basin and adj acent areas .

(e) To track down, collate, analyze and synthesize previous field notes, pbotos, samples, excavated evidence ar.d publications for selected sites and regions . (f) Train participants in a range of paleontological, ｡ｲ｣ ｬｾ ｡･ｯ ｴｯｧｩ｣｡ｬ＠ and dating

methods.

(g) Seek further funding for continuing fieldwork, processing of ｣ｸ｣｡ｶ＼Ｚｾｴ｣｣ｬ＠ funds. publication of results, and other required aspects of the research ｰｲｯｧｲ＼ｾｭｭ･＠ .

.

ARTICLE 4

DURATION OF PROJECT

The Project under this Implementing Arrangement will be of four years duration beginning

10

March

2004.

Article 5

Programme of activities

(1) General: Work will commence in 2004 More detailed planning will be undertaken in the light of data obtained and success in funding applications

(2) Fieldwork will comprise focus on palaeontological and ycological evicl ence including the excavations, dating, and systematic survey for new sites. As muc11 processing and analysis of material will be done in the fie ld as possible. Specialist input from other institutions and disciplines will be on tt1e ba sis of invit(ltion after due discussion between.

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=-( 4) Progress reports will be completed at t11e end of each fteld season Article 6

Contributions

(1) GRDC will provide expertise. office space and equtpment m stock

(2) The Australian Research Council and ott1er sources will provtde fundtng tllat wtll be used to cover \ravel and residence costs of Australian and GROC staff. as well as the costs of geochronological dating, laboratory ｡ｮ｡ｬｹｳ･ｾ＠ anc! associated equipment.

Article

7

Project authority

( 1) The Director of GRDC will act as overall project supervisor . (2) GRDC will be an Indonesia counter-part institution for tile projec:t .

(3) Joint Chief ｩｮｶ･ｳｾｩｧ｡ｴｯｲｳ＠ for the collaboration will be Dr Fachroel Aziz from GRDC (Bandung Geological Museum) and NProfesor M.J. Morwood of UNE. (4) The Joint Chief investigators will invite ot11er researchers wit11 appropridte

expertise to participate in the project, but only after joint consultation.

(5) GRDC has authority for all archaeological , paleontological. geological or other samples obtained during fieldwork. Except by the agreement of the Parties. such materials will normally be incorporated into the collection at GRDC .

Article 8

Variation

The Institutions may agree to vary the terms and conditions of this Agreement by a variation in writing signed and dated by the in stitutions .

Artic le 9 Inte llectual Property

The two Institutions agree· that all rights relating to any Intellectual Property which results from th e Project will be equally shared between the two institutions .

;

Article 8 Publications

1. All results from the Project will be published in refereed sctenttfic journals and monographs, as agreed by both Chief Investigators

2. Other participating researchers will be given joint authorship , as determmed by their level of contribution.

3. Wherever possible, iesults from the Project will be published in both Indonesian and English.

Article 9 Confidenti ality

The Parties agree that all information passing from one Institution to the other pursuant to the operation of this Arrangement shall rema in confidential to t11e Parties ancl may not be disclosed to any other person (except as req uired by law) wit11out the prior consent of the other Institution.

Article

10

Termination

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Article 11 Notices

Any notice served

by

one Institution on

llle

other wi ll be sufficiently scrvecl if

sent

i)y post to the office of the Institution or sent by facsimile transmission :o the offrce of th8 Institution .

Article 12 Mutual Indemniti es

(1) Each Institution will be liable for all claims, losses (including legal costs and consequential losses), demands, liabilities , damager!::, ｣｣ｳｾｳ＠ and expe nses suffered or incurred by the other Institution arising from negligent acts or omissions or wrongful acts of the Institution or ar.y breach of this Agreement by !l:e Institution .

(2) Each Institution agrees to i:1demn ify and hold the ot her Institution s harmless against all claims, losses (including leg al costs and consequential losses), demands, liabilities, damages, costs and expenses suffered or incurred by the other Institutions arising from negligent acts or omissions or wrongful acts of the Institutions or any breach of this Agre ement by the In stitution.

(3) Each Institution will not be liable or be required to indemnify the other Institution to the extent that any claim, loss. demand, liability, damage, compensation. arising in connection with this Agreement is caused by t11e negligence of the ot11er Institution .

(1)

(2)

(3)

Article 13

Ass ign m ent, Novation and Subcon tracting

Neither of the two Institutions may assign the benefit of its rights under this Agreement without the prior approve:! in writing of U1e other Institution to the Agreement

Neither Institution m ay consult or negotiate with any other person to enter into

a

novation of this Agreement without the prior approval in writing of lhc ot11er Institutions to this Agreement

Neither Institution m ay subcontract the benefit of its rights under t11is Agreement without the prior ap proval in writing of the other Institutions to ｬｬｾｩｳ＠ Agreem8nt

Article 14

Entire Agreement

This Agreement is the entire Agreement between the Institutions in relat1on to the Project and any representation, warranty, condition, promise, undertaking or other provisions not expressly set out in this Agreement shall have no force or effect

Article 15

Severance of Clauses

T his Clause of this Agreement will, unless the context otherwise necessarily requires it, be construed as a separate and severable Clause. If any Clause is void , voidable illegal or unenforceable for any reason ｴｲ ｾｾ ｮ＠ that Clause will be severed and the remainder will be read and construed as if the severed Clause had never existed .

Article 16

Disputes

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Institutions may, in attempting to settle a dispute, rcfe1 tile matter to a JOint committee consisting of one representative from eacl1 InstitUtion anc! an independent Chairperson. The Vice-Chancellor, Director (or equ1valent) from each Institution may agree to the appointment of the independent C!'1airpcrson Wi!hin seven (7) days of the Institution notifying the other that

a

dispute exist' the Institutions will establish the Committee The Committee Will ｬｾ｡ｶ･＠ 7 (seven) days to consider the dispute and recommend a course of action t11e Institutions

(2) If the Institutions cannot resolve any claim, dispute or question ｩＺｾ＠ re !at:cn to !his Agreement within ten (1 0) days after the Comm ittee cstal) lishecl under Clause 16. 1 has recommended a course of action. then either In stitution may elect to terminate this Agreement. The Institution elect ing to termine1le must provide tile

other Institution with thirty (30) days prior written notice of t11e termination Article 17

Relationship

Nothing in this Agreement constitutes the creation of a relationship of employment, agency or partnership between the two Institutions.

Article 18 Waiver

Either Institution may, by written notice, waive any breach of a Clause of this Agreement. A waiver by either Institution in respect of a breach of a Clause of this Agreement will not be deemed to be a waiver in respect of any continui:1g or subsequent breach of that Clause of breach of any other Clause . The failure by eitl1er-lnstitution to enforce at any time any Clause of this Agreement will not be interpreted by the ether Institution as a waiver of that Clause.

Article 19

Govern ing Law

The laws in force in New South Wales govern this Agreement. Each institution submits to the non-exclusive jurisdiction of courts, and courts of appeal from !his courts. exercising jurisdiction in that State.

GEOLOGICAL RESEARCH AND DEVELOPMENT CENTRE,

Signed

DR. ｄｾａｎｇ＠ SUKARNA Director

UNIVERSITY OF NEW ENGLANC, AUSTRALIA

Signed

PROFESSOR INGRID MOSES Vice-Chancellor