[Renewal of MOU, February 2009, Draft
before signing]
Memorandum of Understanding
Between
the European Foundation for the
Improvement of
Living and Working Conditions
(Eurofound)
Dublin, Ireland
And
Cornell
University
for and
on behalf of its
School of Industrial and Labor Relations
Ithaca, New York
In consideration of increased
globalization and the changing nature and characteristics of the workplace, it
is important that our organizations share their knowledge of the factors
influencing living and working conditions and cooperate in their programmes of
research, education and the dissemination of publications and findings. The
European Foundation for the Improvement of Living and Working Conditions (Eurofound)
and the School of Industrial and Labor Relations (ILR), Cornell University,
both of which are concerned to provide findings of relevance for their
constituencies (public authorities, employers’ and workers’ organizations)
agree to work together in the framework of this Memorandum of Understanding
(MOU), which establishes a formalized relationship between the two institutions
in order to enhance the quality and effectiveness of research and its practical
applications.
I. Internship Programme
1.1 Eurofound
will accept 3-4 interns per semester from the ILR School at Cornell University.
Appropriate candidatures from graduate or undergraduate students will be
submitted in advance by the ILR faculty, through the Director of Off-Campus
Credit Programs, to the Director of Eurofound for consideration. Preference
will be given to candidates capable of contributing to the analysis of social
and labor policies in a comparative or global perspective and of working in a
multicultural environment. An additional consideration in the selection of
candidates will be gender balance.
1.2 Each
intern will be supervised by a senior staff member working in the research
programme of Eurofound. The candidate will work as an assistant on a specific
project, making a contribution to Eurofound’s work programme. At the end of the
internship, each student could be called to present the results of his/her work
in an internal Eurofound workshop.
1.3 As
a rule, such internships at Eurofound will not be remunerated.
II. Visiting Scholar Programme
2.1 Eurofound will welcome ILR faculty members
as visiting scholars. This is subject to prior approval. He/she will be provided office space, computer
facilities and access to Eurofound library and information centers. Eurofound may
facilitate contacts between the visiting scholar and the relevant experts in
the European Institutions and among Eurofound’s stakeholders. Visiting scholars
will be asked to make a presentation of their work at either an internal Eurofound
research meeting or to a wider audience.
2.2 The
ILR School will consider modalities to facilitate, on the same basis as
visiting scholars to Eurofound, study visits from selected Eurofound staff on
temporary leave who are willing to upgrade their academic skills or to
undertake research at Cornell.
III. Information Services, Conferences and
Research Projects
3.1 The ILR
School will continue to provide its expertise upon request to enhance Eurofound’s
information services, and both institutions will pursue their cooperation in
the field of information and communication technologies in order to improve the
dissemination of information on Eurofound’s programmes and activities towards
the academic and research community.
3.2
Both institutions will keep the other informed of forthcoming
conferences, seminars or special lectures of mutual interest, and will
encourage the participation of the relevant experts in such events.
3.3
Research cooperation is to be encouraged when there is an appropriate
match of interest and capacity. An ongoing example is Eurofound’s work
programme, which presently includes comparative work on industrial relations
developments in Europe, Japan, USA and other global economies. ILR faculty
members and researchers have contributed to this work in the past, and it is
agreed as long as there is continuing interest that they will take part in
future project agreements. It is understood that complementarities between
specific research projects in both institutions should be further explored.
3.4
ILR academic staff may be invited to provide training to Eurofound’s
staff in line with programme requirements. Details of this activity can be
agreed between the two parties.
IV. Duration/Termination of MOU
4.1 This MOU will enter into
force upon signature by the Dean of the ILR School at Cornell and the Director
of Eurofound and shall continue for a period of 5 years. The MOU can be modified or renewed by mutual
written agreement of the parties.
4.2 This
MOU or any other project agreement can be terminated at any time for material
breach upon provision of written notice and a reasonable opportunity to cure. Termination may also occur for any reason
upon 6 months written notice, in which case all reasonable efforts will be made
to minimize disruption of work under existing project agreements.
V. Other
provisions
1. Project
Agreements. The terms of cooperation for each specific activity implemented
under this Memorandum of Understanding (MOU), including financial aspects,
shall be mutually discussed and agreed upon in writing by both parties prior to
the initiation of that activity. These Project Agreements shall be subject to
the terms of this MOU and shall be attached hereto in Appendix A.
2. Academic
Freedom. Basic principles of academic freedom will be applicable to all
educational and research activities undertaken by, or under the direction of,
faculty who participate in the projects contemplated by this MOU. Cornell's
equal opportunity and non-discrimination policies will also be applicable to
the employment and assignment of faculty and staff, and to the selection and
supervision of students.
3. Non-Discrimination.
Specifically, both institutions agree not to discriminate against any person
because of age, ancestry, color, disability or handicap, national origin, race,
religious creed, sex, sexual orientation, or veteran status. Cornell, and
Eurofound- in alignment with its Staff Regulations, shall abide by these
principles in the administration of this MOU, and neither institution shall
impose criteria for the exchange of faculty or students which would violate the
principles of non-discrimination. Breach of this covenant may be regarded as a
material breach of this Memorandum of Understanding and any related
agreements.
4. Intellectual
Property. Each party to this MOU shall own the intellectual property (IP)
conceived or first reduced to practice solely by its employees or agents in
furtherance of projects or activities contemplated by this MOU. IP conceived or
first reduced to practice jointly by employees or agents of both parties shall
be jointly owned, except where conflicting intellectual property rights exist and
are disclosed prior to the project agreements being entered into.
5. Export Compliance.
The parties hereto agree to comply with all applicable United States export
laws and regulations. Unless authorized by applicable government license or
regulation, neither party will directly or indirectly export or re-export, at
any time any technical information or software, furnished or developed under
this MOU to any prohibited country (including release of such technical
information or software to nationals, wherever they may be located, of any
prohibited country) as specified in applicable United States export, embargo,
and sanctions regulations.
6. Indemnification. Cornell and Eurofound shall each indemnify and hold harmless the
other, its officers, agents and employees, for any and all liability, damages
and cost attributable to the negligent acts or omissions of the indemnifying
party, its officers, agents and employees while acting in the scope of their
employment, and in furtherance of activities described in this Memorandum of
Understanding.
7
Liability
Insurance. Each party shall maintain its own
insurance in amounts deemed appropriate for its operations. Such insurance
shall provide coverage for negligent acts, errors, or omissions and provide
protection against bodily injury or property damage claims. It is expressly
understood that each party shall be solely responsible for its own actions and
such insurance shall not extend to protect any other party.
8. Conduct. Exchange faculty and students must
abide by the laws of the host country affecting foreign nationals, and by the
rules and regulations of the host organisation.
9. Use
of Name. Any use of the
respective name -Cornell University’ and Eurofound- including any of its constituent
colleges or programs, or Cornell/Eurofound related logos in advertisements,
publications or notices relating in any way to the activities described in this
MOU shall be subject to the prior written approval of competent authorities
from Cornell University/ Eurofound.
10. Non-Assignment. Neither party to this Agreement shall
have the right to assign any duty or responsibility arising hereunder without
the written consent of the other party.
11. Relationship
of Parties. This Agreement shall
not be construed to create a relationship of partners, employees, servants or
agents as between parties. The parties to this Agreement are acting as
independent entities.
12. Law/Enforcement.
The Parties will consult with each other and attempt to resolve disputes or
misunderstandings that arise in the administration of this MOU or any Project
Agreement informally. In the event that
internal attempts at resolution are not successful, the parties agree that any
formal claims in connection with this MOU or any Project Agreement against
Cornell, its officers, agents and employees shall be brought in State or
Federal Court having jurisdiction in Tompkins County, State of New York, and
claims against EuroFound shall be brought in the courts of Ireland. The MOU and any Project Agreement shall be
construed in accord with the law of the courts in which the proceedings are
brought.
Cornell University for and on
behalf of its School of Industrial and Labour Relations,
Cornell University,
_________________________________
|
For the European Foundation
for the Improvement of Living and Working Conditions,
______________________________
|
Harry Katz
|
Jorma Karppinen
|
Dean
|
Director
|
Date : ……………….
|
Date : ………………….
|
