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NORTH CAROLINA STATE UNIVERSITY
STUDY ABROAD PROGRAM DEVELOPMENT AGREEMENT
THIS STUDY ABROAD PROGRAM DEVELOPMENT AGREEM ENT (“Agreement") is
made and entered into as of the daíe of the last signatuře beiow by and between NORTH CAROLINA
STATE UNIVERSITY on behalf of its NC State European Center in Prague (“NC State"). and Charles
University*s Faculty o f Mathematics and Physics (“Charles University”!. This agreement builds on the
existing Memorandum of Understandina between both institutions. NC State and Charles University FMP
may be referred to collectively in this Agreement as the “Parties" or each individually as a “Party.”
WHEREAS, NC State Prague has requested that Charles University provide and perform certain
Services; and,
W HEREAS, the Services contemplated herein will further the instructional, research, and public
service objectives o f NC State in a manner consistent with its status and mission as a public educational
institution; and.
NOW, THEREFORE, in exchange o f the mutual promises contained herein, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NC State and
Charles University agree as follows:
1. Charles University Responsibilities and Services. Charles University agrees to provide or
supply NC State with the Services described in Exhibit A (the “Services"). As described in
Exhibit A, the Services shall include Charles University providing course instructors, guest
lecturers, and/or academie exercises, or parís thereof, and related activities (the “Program").
Program participants shall be selected by NC State and not Charles University.
2. NC S ta te s Responsibilities and Services. NC State shall be responsible for providing the
Services described in Exhibit B (“NC State Services”).
3- Term. Charles University shall commence providing the Services on or about September 3, 2018
and ending on or about December 15, 2018 (the “Term"). The Agreement may be renewed for
additional Terms.
4. Pavment. In support o f the Services provided pursuant to this Agreement, NC State shall pay
Charles University in accordance with the schedule, terms, and payment instructions contained in
Exhibit C.
5. Academie Qversight. NC State shall have the finál review and approval o f course instructors,
guest lecturers, and/or course content. If serving as an instructor o f record, instructors provided
by Charles University must meet NC State’s teaching qualifications and verification o f teaching
eligibility.
6. Termination. This Agreement may be terminated by either Party upon sixty (60) days’ written
notice to the other party. If a particular course is cancetled by NC State after course content has
been approved by NC State, NC State will pay 20% o f the payment for the course to cover
expenses incurred by Charles University related to instructor selection and course content
preparation. If Charles University is unable to provide the Services or an individua! course as of
the beginning o f the Term, due to no fault of NC State, then Charles University agrees to
reimburse NC State for any payment received for the Services or course, and NC State will have
no further financial obligations regarding the Services or course.
7. Compliance with Applicable Laws. Charles University shall comply with all appiicable laws,
ordinances, codes, rules, and regulations in their performance o f the Services and this Agreement.
including but not limited to all approvals, licenses and permits for satisfying any requirements to
offer the Program.
8. Intellectual Property. Neither party transfers by operation o f this Agreement any intellectua!
property rights owned by either Party now oř hereafter acquired in connection with its
performance under this Agreement.
9. Confidentialitv. No Party shail make any unauthorized use or disclosure o f any information o f a
confidential or proprietary nature concerning the other Party. In order for any information
provided by a disclosing Party to be considered “confidential” or “proprietary” by the receiving
Party, the disclosing Party shail indicate in writing that the information disclosed is confidential
or proprietary in nature. If any Party is subject to laws governing public records, compliance with
such laws shall not be deemed a violation o f this provision.
10. Liabiliťv.
a. Charles University will defend, indemnify, and hold harmless NC State, its trustees,
officers, employees, and agents from and against all claims, demands, loss, liability,
expense, or damage (including attorneys’ fees) arising out of injuries (including death) or
property damage suffered by any person arising out of Charles University's negligent
performance o f the Services under this Agreement or as a result o f Charles University’s
willful misconduct.
b. Notwithstanding any other provision o f this Agreement, NC State’s liability, as an agency
o f the State o f North Carolina. for any injury or property damage arising out o f this
Agreement or NC State’s performance of the Services is subject to the immunities,
procedures. and limitations o f the North Carolina Tort Claims Act, Article 31 o f Chapter
143 o f the North Carolina General Statutes. NC State does not waive its sovereign
immunity or any rights or defenses under the North Carolina Tort Claims Act.
1 1. Notices. All notices shall be sent by either electronic mail or registered or certified mail and
addressed to the individual at the address given below, or such other address as may hereafter be
designated by notice in writing, or by :
If to NC State: NC State European Center in Prague
North Carolina State University
CampUS Box 7125
Raleigh, NC 27695-7125
Email:
If to Charles University:Proděkan pro koncepci studia
Matematicko-fyzikální fakulta UK
Ke Karlovu 3
121 16 Praha 2
Czech Republic
Email:
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12. Force M ajenre. Neither Party shall be deemed to be in default o f its obligations hereunder if and
so long as it is prevented from performing such obligations by an act o f war, hostile foreign
action, nuclear explosion, earthquake, hurricane, tornádo, or other catastrophic natural event or
act o f God.
13. Entire Agreement. This Agreement contains the entire agreement o f the Parties and there are no
representations, inducements or other provisions other than those expressed herein. All changes,
additions or deietions to this Agreement shall be in writing and executed by the authorized
representatives of both Parties.
14. Severabilitv. Should any non-material provision o fth is Agreement be declared illegal, void, or
unenforceable under applicable law, or shall be considered severable, the Agreement shal! remain
in force and be binding upon the parties hereto as though the said provision had never been
included.
15. E lectronic S ignatuře. Each Party acknowledges and consents to the use of electronic signatures
by the other Party. This Agreement and any other documents requiring a signatuře hereunder,
may be signed electronically in the manner set forth by NC State or as otherwise mutually agreed
by the Parties. Neither party shall contest the legal effect, enforceability, or admissibility o f this
Agreement solely because it was signed electronically.
16. C o u n terp arts. This Agreement may be executed in one or more counterparts, each o f which will
constitute an originál, but all o f which together will constitute one instrument.
[SIGNATUŘE PAGE FOLLOWS]
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IN W ITN ESS W H E R E O F, Organization and NC State have executed this Agreement as of the
date o f the last signatuře below as indicated by the signatures o f their authorized representatives.
CHARLES UNIVERSITY FACULTY OF NORTH CAROLINA STATE UNIVERSITY
MATHEMATICS AND PHYSICS
B y :____
By:
Name: Prof/ÍINDr. Jan Kratochvíl, CSc. Name: ________
Title: Dean
D a te ;_______________________________ Title: XIQ7V«£-(>vv D t ř é c r o i T *1 c s r a J č
Date: 21 2 0 1S _
Recommended by:
p í— 71------
Name:
Title: Assocjay Director " 7"
Date: 11, I d o
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EXHIBIT A
Scope of Services
1. Charles University will provide a course instructor for the following course and term:
Course: MA 341: Applied Differential Equations
Term: Fall 2018
2. Charles University is responsible for identifying all guest lecturers, and/or academie exercises.
3. Charles University will provide speciálized laboratory space (if applicable).
4. Charles University will respond to instructor requests by NC State within one to two (1-2) months
o f the receiving the requirements. If Charles University is not able to provide instructors or
laboratories, NC State Prague may look for them at other universities.
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EXHIBIT B
NC State Services
1. NC State will provide íecture rooms and classroom space for the following course and terms:
Course: MA 341: Applied Differential Equations
Term: Fall 2018
2. NC State will provide appropriate technology equipment and support for the classroom space.
3. NC State will approve all instructors and will coordinate the WES Verification and Human
Resources process directly with the approved instructor.
4. NC State will request the requirements for course instructors at least six (6) months in advance.
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EXHIBIT C
Paym ent Information
• NC S tate will pay C harles U niversity FM P 70,000 C ZK for each 3 cred it course that is
taught.
• The due date is 30 days prior to the start o f each sem ester payable by invoice. C ontact
in fo n n atio n for p ay m en t is: Jiří B uchar, B usiness S ervices, ib u ch ar@ n csu .ed u.
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