中外合作办学谅解备忘录模板-MOU.docx

7/ 7*Business School (简称1) in China, and * State University (简称2) in the USA plan to develop a cooperative mode, based on a global study program at *Business School and * State University. The mode is formed through bilateral discussions and is in accordance with the principles of cooperation, development, equality and risk-sharing. Details of the mode are provided below:1. Cooperative Parties:Article 1 This agreement is betweenParty A:*Business School atAddress: *, Fuzhou City, Fujian Province, China 350108Authorized Representative: Dr. *, Vice DeanAndParty B:* State UniversityAddress: *, USAAuthorized Representative: Dr. *, Provost2. Cooperation Principles and Objectives:Article 2Cooperation Principles: To implement Party As education strategic developmental guidelines, in which the cooperation will introduce the latest curricula, education resources and teaching methods from the United States of America, and will promote thus exchange and cooperation in the field of education between China and the U.S.A.Article 3Project Objectives: This program intends to promote and prepare Chinese students who are willing to study in reputed universities abroad to continue their studies in undergraduate and/or graduate courses in either nations, notably at Party Bs campus in the USA.Article 4Program Accreditation: This program will be governed by the regulations, standards and educational procedures of party A, the Ministry of Education of China, Party B, and Higher Learning Commission of the United States of America. Failure to abide by and meet any of these standards shall constitute a breach of this agreement.3. Program Content and Duration:Article 5The Program: International Cooperation Programs between Party A and Party B.Article 6 Term of Program: Four years Article 7Intake Number of Students: A minimum of 15 and a maximum of 100 students for every cohort per Academic Year. An “Academic Year” is two consecutive semesters starting from the fall semester.Article 8Enrollment and Matriculation: The program will be officially presented and promoted in the websites of 1 and 2. The students who successfully complete the courses specified for the first year of the curriculum map (Exhibit A) and pass examinations at 1 will be directly admitted to 2 as students of the second year. The English language requirement at 2 will be waived for those students. Article 9Party A and Party B will jointly develop and implement the teaching plan for the program in accordance with Exhibit A.Article 10 Degrees: Under this program, students shall be enrolled at Party A for the first year and at Party B for the remaining three years. The students who successfully obtain the required credits specified in the program teaching plan and fulfill the requirements for the degree will be awarded a Bachelors degree from * State University.Article 11 Program Management:A Joint Program Management Committee will be set up to coordinate the implementation of the program, and will negotiate on the issues raised and seek solutions. The committee is composed of representatives from both parties, among which four representatives from Party A are and four from Party B. The co-chairs, appointed by each party, will be responsible for setting the agenda, conducting the meeting and providing direction and guidance to the Committee. A quorum for the meetings of the Committee will require at least four members being made up of at least two members of Party A and at least two members of Party B. Meetings will be called via on-site or video-conferencing with at least 15 working days pre-notice. All decisions of the Committee will require a majority agreement of the participating members. Only members participating at the meeting will be entitled to vote.Article 12 Duration of Cooperation:The Program shall be effective when it is permitted by 1 and 2 is assured of compliance with all relevant accrediting bodies. There will be three intakes in total and the program will be effective for six years. In the third year prior to the expiration date of the effective period, both parties can apply to renew the program. This agreement may be terminated prior to the expiration date on the conditions that there is force majeure; such termination is agreed in writing by both parties.4. Responsibilities of Both PartiesArticle 13Responsibilities of Party AParty A will be responsible for:(1) Obtaining all approvals which are necessary to implement the Cooperation Program from the related administrative departments in China;(2) Promoting the program and recruiting students at its own charges and expenses;(3) Providing all necessary teaching and supervising students in the first year of the program;(4) Daily management over students affairs at Party As campus;(5) Arranging qualified instructors to teach the courses scheduled to be taught by 1 as specified by the accrediting bodies.Article 14Responsibilities of Party BParty BWill be responsible for:(1) Coordinating with Party A in obtaining all approvals which are necessary to implement the cooperation program in China;(2) Participate to promote the program in China, at least twice a year at its own charges and expenses;(3) Completing the registration and the enrollment of the students in Party B;(4) Provide all academic and management support necessary, from Party B to Party A, to successfully implement the program;(5) Appointing an administrator to coordinate and manage the program starting from the first year;(6) Selecting qualified instructors to deliver the courses scheduled to be taught by 2 as to be specified in the Academic Courses Management at the mutually agreed timing; 2 reserves the right to determine the mode of course delivery, with the written pre-notice to Party A as early as possible;(7) Awarding a degree of Bachelor of Science to students who have fulfilled all the academic requirements and satisfied the degree requirements of Party B. The degrees to be awarded to students shall have the same effect and quality as the degrees of Bachelor of Science awarded by Party B to students in the United States;(8) Students in the agreement will be governed by the Party Bs admission policies and procedures. These procedures and policies are listed on Party Bs website. 5. Rights of the PartiesArticle 15Both Parties may gain compensation from tuition fees for their costs and efforts contributed to this Program. Party A will collect tuition and fees from students for their first year and Party B will collect tuition and fees from students for their second, third, and forth years. 6. Project Financial ArrangementArticle 16 Both parties shall review tuition fees every three years. Any changes in tuition and fees will be agreed by both parties in writing. The aforementioned adjustment shall be implemented for students recruited for the following cohort.7. Arrangement for Students After the Termination or Expiration of this AgreementArticle 17Both Parties shall adopt all necessary measures to ensure that students can finish their study on schedule and be awarded related degrees provided that those students have enrolled into this Program.8. Dispute ResolutionArticle 18Both parties shall fulfill obligations stipulated in the Agreement. The breaching Party shall bear all damages arising from its breach or termination of the Agreement without prior written consent from both parties and the Joint Program Management Committee thereto. The other party is entitled to the reasonable indemnification from the breaching party for the losses and damages it has suffered from.Article 19The Parties shall discuss and solve disputes in a friendly manner in the event that there is a dispute arising from and in connection to the implementation of this agreement. Except for the first year, the constitution and implementation of this Agreement shall be interpreted and governed by the laws and regulations of the United States of America. Unsolved disputes shall be dealt with in the State of *.Article 20No amendments or modifications of this Agreement will be made or deemed to have been made unless in writing and executed by each of the parties to this Agreement. Article 21This Agreement is written in both English and Chinese in four original copies. The two versions are identical. Should there be any discrepancy between the two versions, the English version shall prevail. Each party will keep