Memorandum of Understanding between G University and Research Organization for Agriculture and Food (ROAF), Indonesia, to establish research and exchange relationship, with a focus on the project related with intensification of smallholder oil palm plantations in Indonesia under the Global Yield Gap Analysis Oil Palm (GYGA Oil Palm) lead by UNL, 2022

On this day…, date… month… year … (…-…-…), we, the undersigned:

1. ………………………………………:   Plt. Deputy for Research and Innovation Utilization of the National Research and Innovation Agency, domiciled at the BJ Habibie Building Jalan MH Thamrin Number 8, Central Jakarta 10340, based on Decree of the Head of the National Research and Innovation Agency Number 11/HK/2022 concerning Delegation of Authority to the Head of the National Research and Innovation Agency To the Acting Principal Secretary and Deputy for Utilization of Research and Innovation for the Signing of Cooperation Documents on Behalf of the National Research and Innovation Agency, dated January 3, 2022, in this case acting for and on behalf of the National Research and Innovation Agency, hereinafter referred to as the FIRST PARTY;
2. Name          :   Partner J domiciled in Amlapura based on … date …, in this case acting for and on behalf of J Government, hereinafter referred to as the SECOND PARTY.

THE FIRST PARTY and THE SECOND PARTY hereinafter collectively referred to in this Memorandum of Understanding are referred to as THE PARTIES, and individually referred to as PARTIES.

THE PARTIES must first explain the following:

1. that the FIRST PARTY is a Government Institution that is under and responsible to the President in carrying out integrated research, development, study, and application, as well as inventions and innovations, nuclear operations, and space operations;
2. that the SECOND PARTY is the J district government, domiciled in Amlapura;
3. that in the context of community empowerment in the provision of natural fiber raw materials for the traditional Karangasem weaving industry in Karangasem Regency, necessary to cooperate between the PARTIES.

Based on the above matters in accordance with their respective positions and authorities, THE PARTIES agreed to implement the Memorandum of Understanding regarding the Assessment and Application of Inventions and Innovations of New Superior Cotton Varieties (hereinafter referred to as “Memorandum of Synergy Agreement”), with terms and conditions as follows:

Article 1

Purpose and objectives

The purpose of Memorandum of Synergy Agreement is to serve as a guideline for the PARTIES to carry out research, development, assessment, and implementation of inventions and innovations of new superior varieties of cotton, cashew flower, kidnapping peanuts and Seraya corn in Bali

(1)      in accordance with the scope in Memorandum of Synergy Agreement.

(2)      The purpose of Memorandum of Synergy Agreement is to synergize the resources and competencies possessed by the PARTIES to support the implementation of their respective duties and functions to contribute to achieving national development goals.

Article 2

Location of synergy

The location of the synergy for implementing the Memorandum of Synergy Agreement is in the Karangasem Regency area [Cooperation Partner].

Article 3

Synergy object

The objects of synergy in the Memorandum of Synergy Agreement are Research, Development, Assessment, and application of inventions and innovations of New Superior Varieties of Cotton, Kasna Flowers, Kidneyed Peanuts and Seraya Corn in Bali

Article 4

Scope

The scope of Memorandum of Synergy Agreement includes:

1. implementation of research, development, assessment and application activities, as well as inventions and innovations to support development in the Karangasem Regency area, Bali. [Cooperation Partner].
2. development of Human Resources for Science and Technology (HR Science and Technology)
3. implementation of technical guidance, outreach, education, and supervision;
4. exchange of data and information; and
5. utilization of facilities and infrastructure owned by THE PARTIES is in accordance with the scope of Memorandum of Synergy Agreement.

Article 5

Duties and responsibilities

(1)         THE FIRST PARTY has the following duties and responsibilities:

1. Providing science and technology human resources for the implementation of activities agreed in the Memorandum of Synergy Agreement;
2. Carry out research, development, assessment and application of inventions and innovations in accordance with the agreed Terms of Reference; and
3. Prepare reports on the results of research, development, study and application of inventions and innovations of new superior varieties of cotton, Kasna Flower, Kidney Beans and Seraya Corn in Karangasem Regency, Bali.

(2)         THE SECOND PARTY, has the duties and responsibilities of:

1. Providing funds for research, development, study and application of inventions and innovations on superior varieties of cotton, Kasna Flower, Kidney Beans and Sraya Corn in Karangasem Regency, Bali;
2. Providing a team of companions for the implementation of research, development, study, and application of inventions and innovations of high-yielding cotton varieties in Karangasem Regency, Bali, which in carrying out their activities coordinates and synergizes with the appointed BRIN Science and Technology HR; and
3. Providing facilities and infrastructure for research, development, study, and application of inventions and innovations on superior varieties of cotton, Kasna Flower, Kidney Beans and Sraya Corn in Bali in accordance with the agreed Terms of Reference.

Article 6

Implementation

(1)      implementation of Memorandum of Synergy Agreement is contained in the Work Plan as listed in the attachment which is an integral part of Memorandum of Synergy Agreement.

(2)      The Work Plan as referred to in paragraph (1) contains a plan of activities to be carried out including but not limited to targets, outputs, implementation stages and schedules, details of the duties and responsibilities of the PARTIES, implementing work units involved, financing, and other matters considered need.

Article 7

TERM

(1)      Memorandum of Synergy Agreement is valid for a period of 3 (three) years from the signing of this Memorandum of Synergy Agreement, and can be extended based on the agreement of THE PARTIES.

(2)     If the Memorandum of Synergy Agreement will be extended, so the PARTIES wishing to extend it must first notify the PARTIES in writing no later than 30 (thirty) calendar days before the end of Memorandum of Synergy Agreement, and THE PARTIES will follow up with a coordination meeting on the draft extension of the Memorandum of Synergy Agreement.

Article 8

Termination

(1)      Memorandum of Synergy Agreement ends when:

1. The validity period of the Memorandum of Synergy Agreement as referred to in Article 7 paragraph (1) has ended and is not extended; or
2. THE PARTIES agree to terminate the Memorandum of Synergy Agreement before the end of the period as stated in a joint statement in writing.

(2)         In the event that one of the PARTIES intends to terminate the Memorandum of Synergy Agreement as referred to in paragraph (1) letter b, then the PARTY wishing to terminate it must first notify the PARTY in writing no later than 30 (thirty) calendar days prior to Memorandum of Synergy Agreement wants to end.

Article 9

Financing

(1)      All costs incurred for the implementation of Memorandum of Synergy Agreement shall be the responsibility of THE PARTIES in accordance with their respective duties, functions and authorities based on the provisions of laws and regulations.

(2)      THE PARTIES either individually or jointly may seek other legal and non-binding sources of financing in accordance with the provisions of the laws and regulations.

Article 10

Monitoring and evaluation

(1)      Monitoring and evaluation of the implementation of Memorandum of Synergy Agreement is carried out periodically at least once a year jointly by the PARTIES.

(2)      The monitoring and evaluation results as referred to in paragraph (1) will be used as input and material for consideration in further cooperation.

Article 11

Correspondence

(1)          Any and all notifications, correspondence and other correspondence regarding the provisions of the Memorandum of Synergy Agreement must be notified in writing via courier service or registered mail or by electronic mail with a clear receipt at the address of each PARTY as follows:

1. For FIRST PARTY:

Director ….

Deputy for Utilization of Research and Innovation

National Research and Innovation Agency

BJ Habibie Building

Jalan MH Thamrin Number 8 Jakarta 10340

Telephone         : ……………….

E-mail               : ……………….

1. For the SECOND PARTY:

Partner J, domiciled at Amlapura, Bali who was appointed by Decree of the Minister of Home Affairs of the Republic of Indonesia Number ….. Year 2021 dated ……….. 2021 concerning Appointment of Partner J, in this case acting for and on behalf of the J Government, hereinafter referred to as the SECOND PARTY

(2)          Correspondence is deemed to have been sent: a) with a written receipt signed by the recipient if the correspondence is submitted directly; b) with the passing of 7 (seven) calendar days from the date of the letter's exposure; or c) with the passing of 1 x 24 hours from the time stated in the report, proper electronic transmission is carried out if the correspondence is carried out by electronic mail.    

(3)      In the event that there is a change in the correspondence as stated in paragraph (1), then no amendment is required to the Memorandum of Synergy Agreement, but the PARTY making the change must submit written notification to PARTY no later than 7 (seven) calendar days. Without such notification, correspondence made to the old address will be deemed to have been carried out in accordance with the Memorandum of Synergy Agreement.

Article 12

Settlement of disputes

(1)     Memorandum of Synergy Agreement is subject to and therefore must be interpreted according to the provisions and laws and regulations of the Republic of Indonesia.

(2)      THE PARTIES agree that any and all disputes that may arise as a result of the interpretation and/or implementation of Memorandum of Synergy Agreement will be resolved by deliberation to reach a consensus.

(3)      THE PARTIES agree that disputes that cannot be resolved by deliberation to reach a consensus as referred to in paragraph (1) will be resolved in accordance with statutory regulations.

Article 13

Force majeure

(1)      Obligations of one of the PARTIES in the Memorandum of Synergy Agreement will be suspended as long as its implementation is hindered by labor disputes, natural calamities/disasters, changes to laws and regulations/government policies, war or circumstances arising from or as a result of war, declared or not, riots, acts of sabotage by terrorists or other criminal acts, treason or rebellion, fire, explosion, earthquake, storm, flood, volcanic eruption, drought or extremely bad weather conditions, accidents or other similar causes (hereinafter referred to as "Force Majeure").

(2)      In the event of Force Majeure, THE PARTIES agree that the PARTIES who are not affected by Force Majeure cannot file any lawsuits against the PARTIES affected by Force Majeure.

(3)      PARTIES affected by the Force Majeure must notify the Force Majeure in writing and explain the events and consequences that occurred as well as the maximum actions that have been taken to fulfill the provisions in accordance with the Memorandum of Synergy Agreement to PARTIES no later than 14 (fourteen) calendar days after the occurrence of Force Majeure.

 Article 14

Confidentiality of data and/or information

(1)      Unless required by laws and regulations, no PARTY in Memorandum of Synergy Agreement is justified in disclosing the contents of Memorandum of Synergy Agreement and/or making use of the data and/or information used in the implementation of Memorandum of Synergy Agreement, whether technical or non-technical in nature, commercial in any way.

(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 Memorandum of Synergy Agreement THE PARTIES agree to subsequently sign a Confidential Information Prohibition Agreement which is an integral part of Memorandum of Synergy Agreement.

Article 15

Intellectual property

(1)      A PARTY who brings existing intellectual property prior to the Memorandum of Synergy Agreement, must ensure that the said intellectual property does not infringe on the intellectual property of other parties and must be responsible for any claims from other parties regarding the implementation of the intended intellectual property.

(2)          If in the implementation of activities based on the Memorandum of Synergy Agreement produces new intellectual property, then it becomes the joint property of THE PARTIES which will be further regulated by 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 16

Publication

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

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

1. ensure that publications made do not harm PARTIES; and
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 not a single PARTY in the Memorandum of Synergy 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 17

Amendment

Matters that have not been regulated and changes needed in the Memorandum of Synergy Agreement will be regulated and determined later in the amendment and/or addendum agreed by the PARTIES and is an integral part of the Memorandum of Synergy Agreement.

Thus, Memorandum of Synergy Agreement was drawn up and signed on the day and date mentioned above in 2 (two) original and sufficiently stamped copies, each of which is valid as the original and has the same legal force.