MEMORANDUM OF UNDERSTANDING

BETWEEN

UNIVERSITI TUN HUSSEIN ONN MALAYSIA

AND

............................................................

ON ACADEMIC, RESEARCH AND DEVELOPMENT

COLLABORATION (*depends on types of collaboration)
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as “MoU”) is
made and entered into this ................. day of .................... 20...... .........

BETWEEN

UNIVERSITI TUN HUSSEIN ONN MALAYSIA (hereinafter referred to as “UTHM”),

a public university established under the Universities and University Colleges Act
1971 whose address is at 86400 Parit Raja, Batu Pahat, Johor Darul Ta’zim,
Malaysia and shall include its lawful representatives and permitted assigns of the
first part;

AND

..........company / institution...................... (hereinafter referred to as “.......”), (Co.

Reg. ..............) a company registered under the Companies Act 2016 whose
address is at ..............................................................and shall include its lawful
representatives and permitted assigns.

(UTHM and .......... shall hereinafter be referred to singularly as “the Party” and
collectively as “the Parties”),

WHEREAS

A. UTHM is an established University which strives to enhance and strengthen

its internationalization linkage and has taken various initiatives to complement
its educational excellence. UTHM has entered into various collaborative
arrangements with other parties to enhance its academic and research
activities.

B. ................ (brief introduction)

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C. The Parties are desirous of entering into this MoU to declare their respective
intentions and to establish a basis of co-operation and collaboration between
the Parties upon the terms as contained herein.

HAVE REACHED AN UNDERSTANDING as follows:

ARTICLE I

OBJECTIVE

The Parties, subject to the terms of this MoU and the laws, rules, regulations and
national policies from time to time in force in each Party’s country, will endeavour to
strengthen, promote and develop co-operation between the Parties on the basis of
equality and mutual benefit.

ARTICLE II

AREAS OF CO-OPERATION

1. Each Party will, subject to the laws, rules, regulations and national policies
from time to time in force, governing the subject matter in their respective
countries, endeavour to take necessary steps to encourage and promote co-
operation in the following areas:

(a) ;
(b) ;
(c) ;
(d) ; and

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 (e) any others areas of co-operation to be mutually agreed upon by the
parties.

2. For the purpose of implementing the co-operation in respect of any areas

stated in clause 1, this MoU will be superseded by a legally binding
agreement subject to terms and conditions as mutually agreed upon by the
Parties including clauses on “confidentiality”, “suspension”, “protection of
intellectual property rights” and “settlement of dispute” as contained in
Annexure A of this MoU.

ARTICLE III

FINANCIAL ARRANGEMENTS

1. This MoU will not give rise to any financial obligation by one Party to other.

2. Each Party will bear its own cost and expenses in relation to this MoU.

ARTICLE IV

EFFECT OF MEMORANDUM OF UNDERSTANDING

This MoU serves only as a record of the Parties’ intentions and does not constitute
or create, and is not intended to constitute or create obligations under domestic or
international law and will not give rise to any legal process and will not be deemed to
constitute or create any legally binding or enforceable obligations, express or
implied.

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 ARTICLE V

NO AGENCY

Nothing contained herein is to be construed so as to constitute a joint venture

partnership or formal business organization of any kind between the Parties or so to
constitute either Party as the agent of the other.

ARTICLE VI

ENTRY INTO EFFECT AND DURATION

1. This MoU will come into effect on the date of signing and will remain in effect
for a period of .... (....) years or until terminated by either Party with NINETY
(90) DAYS written notice.

2. The termination of the MoU shall not affect the implementation of ongoing
activities/programmes.

3. This MoU may be extended for a further period as may be agreed in writing
by the Parties.

ARTICLE VII

REVISION, VARIATION AND AMENDMENT

The Parties must confer with each other should they wish to revise, vary or amend
this MoU before the end of the period of this MoU and such revision, variation, or

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amendment agreed to by the Parties shall be in writing and shall form part of this
MoU.

ARTICLE VIII

NOTICES

Any communication under this MoU will be in writing in the English language and
delivered by registered mail to the address or sent to the electronic mail address as
the case may be, shown below or to such other address or electronic mail address
or facsimile number as either Party may have notified the sender and shall, unless
otherwise provided herein, be deemed to be duly given or made when delivered to
the recipient at such address or electronic mail address or facsimile number which is
duly acknowledged:

To: Dean
Faculty of ........................................
Universiti Tun Hussein Onn Malaysia
86400 Parit Raja, Batu Pahat,
Johor (amend accordingly – Pagoh Campus)
Tel no. :
Fax no. :
Email address:

To: (Address)
Tel no. :
Fax no. :
Email address:

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The foregoing record represents the understandings reached between UNIVERSITI
TUN HUSSEIN ONN MALAYSIA and .......................................... upon the matters
referred to therein.

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IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective
organisations, sign this MoU on the date as above written.

Signed by ]
For and on behalf of ]
Universiti Tun Hussein ] .................................................................
Onn Malaysia ] Professor Ts. Dr. Ruzairi bin Abdul
Rahim
Vice Chancellor

In the presence of

......................................................
Abdul Halim bin Abdul Rahman
Registrar / Chief Operating Officer

Signed by ]
For and on behalf of ]
……………………. ]
……………….. ] ................................................................

In the presence of

.......................................................

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 ANNEXURE A

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

1. The protection of intellectual property rights shall be enforced in conformity

with the respective national laws, rules and regulations of the Parties and with
other international agreements signed by both Parties.

2. The use of the name, logo and/or official emblem of any of the Parties on any
publication, document and/or paper is prohibited without the prior written
approval of either Party.

3. Notwithstanding anything in clause 1 above, the intellectual property rights in

respect of any technological development, and any products and services
development, carried out:

(i) jointly by the Parties or research results obtained through the joint
activity effort of the Parties, shall be jointly owned by the Parties in
accordance with the terms to be mutually agreed upon; and

(ii) Solely and separately by the Party or the research results obtained
through the sole and separate effort of the Party, shall be solely owned
by the Party concerned.

CONFIDENTIALITY

1. Each Party shall undertake to observe the confidentiality and secrecy of

documents, information and other data received from or supplied to, the other
Party during the period of the implementation of this Memorandum of

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 Agreement or any other agreements made pursuant to this Memorandum of
Agreement.

2. For purposes of paragraph 1 above, such documents, information and data

include any document, information and data which is disclosed by a Party (the
Disclosing party) to the other Party (the Receiving party) prior to, or after, the
execution of this Memorandum of Agreement, involving technical, business,
marketing, policy, know-how, planning, project management and other
documents, information, data and/or solutions in any form, including but not
limited to any document, information or data which is designated in writing to
be confidential or by its nature intended to be for the knowledge of the
Receiving party or if orally given, is given in the circumstances of confidence.

3. Both Parties agree that the provisions of this Article shall continue to be
binding between the Parties notwithstanding the termination of this
Memorandum of Agreement.

SUSPENSION

Each Party reserves the right for reasons of national security, national interest,
public order or public health to suspend temporarily, either in whole or in part, the
implementation of this Memorandum of Agreement which suspension shall take
effect immediately after notification has been given to the other Party through
diplomatic channels.

SETTLEMENT OF DISPUTES

Any difference or dispute between the Parties concerning the interpretation

and/or implementation and/or application of any of the provisions of this
Memorandum of Agreement shall be settled amicably through mutual
consultation and/or negotiations between the Parties through diplomatic
channels, without reference to any third party or international tribunal.

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