On this day (name of day) dd …. month …. Two Thousand Twenty-Two (…–…-2022), located in Bogor and at year, we, the undersigned:

1.                 Name as Partner C, who was appointed based on the Decree of the Minister of Defense of the Republic of Indonesia Number: KEP/708/M/VI/2021 dated 22 June 2021 and the Order of the Chancellor of the Defense University of the Republic of Indonesia Number SPRIN/1367/VI/2021 dated June 24, 2021, hereinafter referred to as the FIRST PARTY;
2. Puji Lestari, S.P., M.Si., Ph.D. as the Head of the Agricultural and Food Research Organization of the National Research and Innovation Agency, (BRIN) who was appointed based on the Decree of the Head of the National Research and Innovation Agency of the Republic of Indonesia Number 498/KP/2022 concerning Appointment of the Head of the Agricultural and Food Research Organization at the National Research and Innovation Agency, in this matter acting for and on behalf of the Agricultural and Food Research Organization of the National Research and Innovation Agency, domiciled in Soekarno Science and Technology Area, Jln. Raya Jakarta-Bogor KM. 46 Cibinong, 16911, hereinafter referred to as the SECOND PARTY.

THE FIRST PARTY and SECOND PARTY respectively in their respective positions as mentioned above, hereinafter referred to as THE PARTIES and individually referred to as PARTIES, then the PARTIES explain the following matters in advance:

1. the FIRST PARTY is a faculty within a tertiary institution organized by the Government based on Presidential Regulation Number 5 of 2011 which organizes academic and vocational education in the field of national defense and state defense and if it fulfills the requirements, it can organize professional education in accordance with the provisions of laws and regulations;
2. the SECOND PARTY is Research organization under and responsible to the Head of the National Research and Innovation Agency based on National Research and Innovation Agency Regulation Number 15 of 2022, which has the task of carrying out technical research, development, study and application tasks, as well as inventions and innovations in the agricultural sector and food in accordance with statutory provisions, is a non-ministerial government agency based in Jakarta based on the Regulation of the National Research and Innovation Agency of the Republic of Indonesia Number 1 of 2021 concerning the Organization and Working Procedures of the National Research and Innovation Agency; and
3. THE FIRST PARTY and THE SECOND PARTY agreed to make a Cooperation Agreement as a follow-up to the Memorandum of Understanding between the Defense University of the Republic of Indonesia and the Deputy for Research and Innovation Utilization of the National Research and Innovation Agency Number: NK/07/I/2022/UNHANRI and Number: 4/ II/KS/01/2022 dated 10 January 2022 concerning Research and Utilization of Research and Innovation Results, Education, Community Service and Improving the Quality of Human Resources.

THE PARTIES agreed to enter into a Cooperation Agreement in the context of activities to increase the Tri Dharma of Higher Education Research and Development in the Agriculture and Food Sector, hereinafter referred to as the "Agreement", THE FIRST PARTY in the implementation of this Cooperation Agreement was represented by the Biology Study Program, Faculty of MIPA Military, Indonesian Defense University with the provisions -provisions as follows:

Article 1

PURPOSES AND OBJECTIVES OF COOPERATION

(1)    The intent of this Cooperation Agreement is to serve as a guideline for the PARTIES in carrying out cooperation in research and development, assessment and application of joint inventions and innovations in the field of agriculture and food, by utilizing the resources of the PARTIES based on the principles of justice, equality and symbiosis of mutualism.

(2)     This Cooperation Agreement aims to:

1. Optimizing the implementation of research and development in the Agriculture and Food Sector;
2. Developing knowledge in the field of Agriculture and Food that is able to bring mutual benefits in the form of collaboration and human resource assistance between the FIRST PARTY and THE SECOND PARTY.

Article 2

Scope

The scope of this Cooperation Agreement is:

1. Research, Development, Assessment and Application of Joint Inventions and Innovations in Agriculture and Food;
2. Lectures and student research guidance in the field of Agriculture and Food;
3. Access to and utilization of facilities, laboratories and research facilities of the PARTIES in accordance with applicable regulations;
4. Exchange and utilization of data and information on results of joint research;
5. Exchange and development of human resources (HR) of both parties;
6. seminars and workshops and capacity building joint; and
7. Other agreed scope.

Article 3

Rights and obligations

In the implementation of this Agreement, THE PARTIES agree on joint rights and obligations which include:

(1)      FIRST PARTY RIGHTS

1. Together with the SECOND PARTY determine the plan and time for holding guest lectures, internships, and research in the Agriculture and Food sector together as well as all activities listed in Article 2;
2. Submitting suggestions to the SECOND PARTY regarding the topic of joint lectures and research in the field of Agriculture and Food to the FIRST PARTY;
3. Obtain information and other needs in the context of carrying out the activities referred to in this Agreement;
4. THE FIRST PARTY has the right to get access to the laboratory and its supporting facilities and infrastructure for the implementation of internships and research by lecturers and other parties in accordance with the regulations and provisions of the SECOND PARTY.

(2)      SECOND PARTY RIGHTS

1. Together with the FIRST PARTY determine the plan, time and topic of capacity building and research in the field of Agriculture and Food together as well as all activities listed in Article 2;
2. Obtain information and other needs in the context of carrying out the activities referred to in this Agreement;
3. Obtain infrastructure support from the FIRST PARTY in supporting the smooth implementation of activities;

1. d. Utilizing the results of activities within the scope of cooperation in the context of efforts to strengthen the main program at the Agricultural and Food Research Organization of BRIN, on the agreement of THE PARTIES.

(3)     OBLIGATIONS OF THE FIRST PARTY:

1. Preparing human resources for various activities within the scope of the Cooperation Agreement;
2. Open access to the utilization of infrastructure, data and information to support the smooth implementation of activities in accordance with the scope of the Cooperation Agreement;
3. Facilitating and carry out Research, Development, Assessment and Implementation of joint Inventions and Innovations in the Agriculture and Food sector according to the scope of the Cooperation Agreement;
4. Monitoring and evaluation of the activities within the scope of the Cooperation Agreement;
5. Preparing documents in the form of reports, scientific publications and intellectual property, prospects for developing activities and strengthening human resources and science and technology in accordance with the scope of the Cooperation Agreement;

(4)      OBLIGATIONS OF THE SECOND PARTY:

1. Preparing human resources for various activities within the scope of the Cooperation Agreement;
2. Open access to the utilization of infrastructure, data and information to support the smooth implementation of activities in accordance with the scope of the Cooperation Agreement;
3. Facilitating and carry out Research, Development, Assessment and Implementation of joint Inventions and Innovations in the Agriculture and Food sector according to the scope of the Cooperation Agreement;
4. Monitoring and evaluation of the activities within the scope of the Cooperation Agreement;
5. Preparing documents in the form of reports, scientific publications and intellectual property, prospects for developing activities and strengthening human resources and science and technology in accordance with the scope of the Cooperation Agreement.

Article 4

Implementation of cooperation

(1)     The implementation of this cooperation includes:

1. the activities of utilizing infrastructure and facilities in accordance with the duties and responsibilities of THE PARTIES;
2. internships or Field Work Practices (PKL) and Research by students and lecturers from the FIRST PARTY within the scope of the SECOND PARTY in accordance with applicable regulations;
3. activities of teaching practitioners/ Guest Lecturers/ Resource Persons and other academic activities by the SECOND PARTY within the FIRST PARTY as the implementation of activities in the fields of education and training, research and community service;
4. joint activities to provide assistance to the community and users as a form of Development, Assessment and Application of Inventions and Innovations in accordance with the expertise of the PARTIES.

• In carrying out the scope as referred to in article 2 of this Agreement, the implementers of the agreement prepare and agree on the Terms of Reference (TOR).

(3)      The Terms of Reference as referred to in paragraph (25) contain plans for activities to be carried out including among others objectives, targets, outputs, implementation stages and schedules, personnel involved, financing, and other matters deemed necessary.

(4)    The Terms of Reference as referred to in paragraph (25) are an integral part of this Agreement.

(5)     In carrying out any activities based on this Agreement, THE PARTIES must pay attention to the provisions of laws and regulations, procedures and other provisions that apply to the PARTIES.

Article 5

Financing

(1)     The costs incurred in connection with the existence of this Cooperation Agreement will be borne by each PARTY in accordance with their rights and obligations while taking into account the provisions of the laws and regulations regarding the limits of their responsibilities.

(2)     Sources of funding other than those referred to in paragraph (1) may come from other parties which are legal and non-binding in nature, in accordance with statutory provisions and regulations.

Article 6

Term and extension

(1)     The term of this Cooperation Agreement is valid for 5 years starting from the signing of this Cooperation Agreement and can be extended based on the agreement of THE PARTIES.

(1)    If within the period referred to in paragraph (1) there is no realization of the activities as agreed by THE PARTIES, then this Cooperation Agreement is null and void.

(2)     If this Agreement is to be extended, then the PARTY wishing to extend it must first notify the PARTY in writing. The extension of cooperation as referred to in paragraph (1) shall be made no later than 30 (thirty) calendar days before this Cooperation Agreement ends, and THE PARTIES will follow up with a coordination meeting on the draft extension of the Agreement this.

Article 7

Termination of collaboration agreement termination

(1)     By setting aside the provisions of Article 1266 and Article 1267 of the Indonesian Civil Code, this Agreement may be terminated with prior written notification by one of the PARTIES if the PARTY fails to comply with the terms and conditions of Agreement and such negligence cannot corrected within a period of 14 (fourteen) days from receipt of a written notification from one of the PARTIES or if for any reason either of the PARTIES is unable to carry out its obligations resulting in a very significant negative impact according to Agreement this

(2)     Termination of the Agreement as referred to in paragraph (1) does not eliminate the obligations of the PARTIES that have arisen and have not been implemented until the end of this Agreement, and therefore PARTIES that still have rights and obligations that have not been fulfilled and carried out against PARTIES other the rights and obligations agreed in this Agreement.

This Cooperation Agreement ends when:

(1)    The term of the agreement has expired;

(1)    One of the parties resigns; or

(1)    The partners are in default.

Article 8

Monitoring and evaluation

• Monitoring and evaluation of the implementation of this Agreement is carried out periodically at least 1 (once) a year jointly by the PARTIES.
• The monitoring and evaluation results as referred to in paragraph (1) will be used as input and material for consideration in further cooperation.

Article 9

Confidentiality of data and/or information

(1)     Except as required by applicable laws and regulations, neither PARTY in this Agreement is justified in disclosing the contents of this Agreement and/or utilizing the data and/or information used in the implementation of this Agreement, which is technical or commercial in any form.

(2)       Confidential data and/or information can be conveyed and used by the PARTIES, professional advisors, management, personnel and subcontractors or other parties who need to know and use confidential data and/or information provided that the other parties obtain prior written approval in advance from the PARTIES.

(3)       If necessary, in implementing this Agreement, THE PARTIES agree to subsequently sign a Confidential Information Prohibition Agreement which is an integral part of this Agreement.

Article 10

Intellectual property

(1)     THE PARTIES agree that all Intellectual Property that has been owned before this Agreement was signed will remain the property of each PARTY who brings the Intellectual Property, but the PARTY who brings it must ensure that the said intellectual property does not infringe on the intellectual property of another party and must be responsible for any claims from other parties regarding the implementation of the intended intellectual property.

(2)      If the implementation of activities based on this Agreement generates new Intellectual Property, then it becomes the joint property of THE PARTIES which will be regulated further with a separate agreement.

(3)     The transfer of technology and/or commercialization of intellectual property as referred to in paragraph (2) will be implemented by THE PARTIES.

Article 11

Publication

(1)      THE PARTIES have the right to publish information related to the process and/or results of the implementation of activities based on this Agreement as long as the information is not confidential information.

(2)       THE PARTIES in making publications as referred to in paragraph (1) must:

1. ensures that publications made do not harm PARTIES;
2. states that the process and/or results of the implementation of activities are obtained from the joint activities of THE PARTIES whose writing takes into account the applicable publication ethics.

(3)        There is no PARTY in the Agreement may use identity, including but not limited to logos belonging to PARTIES, for publications and or any activities without obtaining prior written approval from PARTIES.

Article 12

Force majeure

(1)     Each party is released from responsibility for delays or failures in fulfilling the obligations stated in this Cooperation Agreement, which are caused or caused by events beyond the control of each party which are classified as force majeure.

(2)     Events that can be classified as force majeure are disasters, epidemics, wars, explosions, sabotage, revolutions, uprisings, riots, cyber-attacks, or any real actions affecting the implementation of this Cooperation Agreement.

(3)     In the event of a force majeure event, the party who knows first is obliged to notify the other party no later than 14 (fourteen) days after the occurrence of the force majeure.

(4)     Force majeure as referred to in Paragraph (2) does not abolish or terminate this Cooperation Agreement. After the force majeure ends and conditions allow activities to be carried out, THE PARTIES will continue to implement this Cooperation Agreement in accordance with the provisions stipulated in the Cooperation Agreement.

Article 13

Settlement of disputes

If in the future there is a dispute in the implementation of this Cooperation Agreement, THE PARTIES agree to resolve it by deliberation to reach a consensus.

ARTICLE 14

Correspondence

(1)     All correspondence or notifications related to the implementation of this Cooperation Agreement will be made in writing to the following address:

FIRST PARTY:

 SECOND PARTY:

(2)     If there is a change in the correspondence referred to in paragraph (1), the PARTY that changes the address of the correspondence is obliged to notify the PARTY and there is no need to amend this Agreement.

Article 15

Amendement (Addendum)

(1)     THE PARTIES agree that any changes to this Cooperation Agreement can only be made with the written approval of THE PARTIES;

(2)     Every amendment (Addendum) as referred to in paragraph (1), written form is made in an Addendum or Amendments and signed by authorized representatives of the PARTIES which are an integral part of this Cooperation Agreement;

(3)   The proposed amendment (Addendum) as referred to in paragraph (2), is submitted by PARTY one PARTY the other

Article 16

Closing

(1)      The PARTIES in this cooperation agreement declare and guarantee to PARTIES that they have taken all necessary actions based on the articles of association of each PARTY and laws and regulations in order to sign this Cooperation Agreement.

(2)      Each PARTY in this Cooperation Agreement declares and guarantees to PARTIES that the signing of this Cooperation Agreement is truly the parties authorized to act for and on behalf of PARTIES.

Thus, this Cooperation Agreement was made in good faith, to be implemented by the PARTIES. This Cooperation Agreement is valid from the date, month, year mentioned above which is made in 2 (two) copies and sufficiently stamped and each has the same legal force.