Date: 2021-10-06Category: Not ApplicableState: Union GovernmentCountry: India
Memorandum of understanding between geological survey of india, ministry of mines, the government of the republic of india and the florida international university board of trustees on behalf of its department of earth and environment, college of arts, sciences and education, united states of america on cooperation in the field of geology under the research project title study of post-collisional magmatism in the india-asia collision zone (ladakh granitoids, indus ophiolite belt) and integrative geological and geochronological studies of the mishmi tectonic belt, northeastern india (arunachal pradesh).
**Executive Summary**
This Memorandum of Understanding (MoU) between the Geological Survey of India (GSI) and Florida International University (FIU) establishes a framework for cooperation in the field of geology. The collaboration will focus on a research project studying post-collisional magmatism in the India-Asia collision zone and integrative geological studies of the Mishmi Tectonic Belt. The MoU was signed on October 6th, 2021, and will remain in effect for three years, unless terminated earlier.
**Key Points / Main Content**
* **Objective:**
* Understand the geologic and tectonic environment of post-collisional magmatism in the India-Asia Collision margin.
* Construct a model of post-collisional magma genesis in continental collision zones.
* Construct the geologic history and tectonics of the Eastern Himalayan Syntaxis.
* **Areas of Cooperation:**
* Development of geological knowledge and research regarding the geologic and tectonic environment.
* Cooperative projects in regional geological, geochemical, petrological, and multi-isotopic studies.
* Exchange of information on technology and geoscientific data.
* Other areas of mutual interest, as decided by both parties.
* **Forms of Cooperation:**
* Exchange of scientists, experts, delegations, and training of personnel.
* Promotion of joint collaborative projects in respective territories/countries.
* Transfer of technology for data collection, analysis, and interpretation.
* Visits by geoscientific experts engaged in research programs.
* Participation in workshops, conferences, and exhibitions.
* Short field visits of GSI and FIU geoscientists to the Himalaya.
* FIU to arrange laboratory studies in the USA; GSI to extend laboratory facilities in India.
* Joint collaboration in research and report production.
* **Implementation and Joint Working Group:**
* Terms and conditions of collaborative programs to be agreed upon in separate agreements.
* A Joint Working Group (JWG) may be formed with representatives from each party to exchange views and draw a roadmap for cooperation.
* The JWG may conduct periodical meetings and reviews, preferably annually.
* **Intellectual Property (IP):**
* Background IP remains vested with the owning party.
* If the activities under the MoU give rise to intellectual property (IP), the Parties shall enter into separate agreement that will specifically provide for ownership, management and commercialization of such rights.
* GSI will be the primary repository of samples, with permission to take small duplicate samples to labs in the USA.
* Separate agreements will provide for data and publication rights.
* **Confidentiality:**
* Parties may exchange confidential information, restricted to employees participating in the MoU.
* Confidential information shall continue to be treated as such after termination of the MoU.
* The MoU outlines conditions and exceptions regarding the protection of confidential information.
* **Amendment and Termination:**
* The MoU can be amended only by mutual written consent.
* The MoU remains in force for three years, unless terminated by either party with three months' written notice.
**Impact Analysis**
**Geological Survey of India (GSI)**
* **Impact:** Enhanced research capabilities, collaboration with international experts, and access to advanced laboratory facilities.
* **Action Required:** Participate in joint research projects, exchange personnel, extend laboratory facilities in India, and arrange for field visits for FIU scientists. Designate representatives for Joint Working Group (JWG). Ensure no activity negatively impacts national interests or that confidential data is properly vetted.
**Florida International University (FIU)**
* **Impact:** Opportunity to conduct research in a new geographical area, collaboration with Indian geoscientists, and access to field research sites in India.
* **Action Required:** Participate in joint research projects, exchange personnel, arrange for laboratory studies in the USA, and provide office space. Designate representatives for Joint Working Group (JWG). Ensure no activity negatively impacts national interests or that confidential data is properly vetted.
**Government of the Republic of India**
* **Impact:** Strengthening of scientific links between India and the United States. Potential advancement of geological knowledge and understanding of the Himalayan region.
* **Action Required:** Monitor the implementation of the MoU to ensure alignment with national interests and security concerns.
Key Entities Referenced
Geological Survey of India (GSI): One of the main parties involved in the Memorandum of Understanding, representing the Indian government's interests in geological research and cooperation.
Florida International University (FIU): The other main party in the MoU, representing an American university engaged in geological research and international collaboration.
Ministry of Mines: The parent ministry of GSI and party to the MOU.
Memorandum of Understanding (MoU): The central agreement outlining cooperation in the field of geology between GSI and FIU.
India-Asia Collision Zone, Ladakh and Arunachal Pradesh: Locations central to the applicability of the research study described in the MOU.
MEMORANDUM OF UNDERSTANDING FIU
(hereinafter referred to as “MoU”) FLORIDA
INTERNATIONAL
UNIVERSITY
BETWEEN
GEOLOGICAL SURVEY OF INDIA
MINISTRY OF MINES,
THE GOVERNMENT OF THE REPUBLIC OF INDIA
AND
THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES ON
BEHALF OF ITS
DEPARTMENT OF EARTH AND ENVIRONMENT, COLLEGE OF ARTS,
SCIENCES AND EDUCATION, UNITED STATES OF AMERICA
ON
COOPERATION IN THE FIELD OF GEOLOGY
UNDER THE RESEARCH PROJECT TITLE
STUDY OF POST-COLLISIONAL MAGMATISM IN THE INDIA-ASIA COLLISION
ZONE (LADAKH GRANITOIDS, INDUS OPHIOLITE BELT) AND INTEGRATIVE
GEOLOGICAL AND GEOCHRONOLOGICAL STUDIES OF THE MISHMI
TECTONIC BELT, NORTHEASTERN INDIA (ARUNACHAL PRADESH)
5 “Ocd 2021MEMORANDUM OF UNDERSTANDING BETWEEN GEOLOGICAL SURVEY OF
INDIA, MINISTRY OF MINES, THE GOVERNMENT OF THE REPUBLIC OF
INDIA AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF
TRUSTEES ON BEHALF OF ITS DEPARTMENT OF EARTH AND
ENVIRONMENT, COLLEGE OF ARTS, SCIENCES AND EDUCATION, UNITED
STATES OF AMERICA
ON COOPERATION IN THE FIELD OF GEOLOGY
UNDER THE RESEARCH PROJECT TITLE
STUDY OF POST-COLLISIONAL MAGMATISM IN THE INDIA-ASIA COLLISION
ZONE (LADAKH GRANITOIDS, INDUS OPHIOLITE BELT) AND INTEGRATIVE
GEOLOGICAL AND GEOCHRONOLOGICAL STUDIES OF THE MISHMI
TECTONIC BELT, NORTHEASTERN INDIA (ARUNACHAL PRADESH)
GEOLOGICAL SURVEY OF INDIA (GSI), MINISTRY OF MINES, THE GOVERNMENT
OF THE REPUBLIC OF INDIA AND THE FLORIDA INTERNATIONAL UNIVERSITY
BOARD OF TRUSTEES ON BEHALF OF ITS DEPARTMENT OF EARTH AND
ENVIRONMENT, COLLEGE OF ARTS, SCIENCES AND EDUCATION (FIU), UNITED
STATES OF AMERICA hereinafter referred to as "the Parties",
CONFIRMING their mutual interest in developing and reinforcing their cooperation in the
fields of geology, on the basis of this MoU;
RECOGNIZING that this MoU establishes a framework for this cooperation in joint
investigations and scientific exchanges concerning the fields of geology, on subjects of mutual
interest;
DESIRING of developing cooperation in the field of geosciences between the FIU, USA and
GSI, Republic of India through participation in this MoU, with the intent of reinforcing and
strengthening both scientific links between the two countries;AND BELIEVING that such co-operation shall further strengthen the existing friendly
relations between the Parties;
HAVE COME to the following understanding:
ARTICLE 1
OBJECTIVE
a. To understand the geologic and tectonic environment of the generation and
emplacement of post-collisional magmatism in India-Asia Collision margin in particular
and to construct a model of post-collisional magma genesis in continental collision
zones in general; and
b. To construct the geologic history and tectonics of the Eastern Himalayan Syntaxis.
ARTICLE 2
AREAS OF COOPERATION
Cooperation under this MoU may include, but are not limited to, the following areas of
interest:
a. Development of the geological knowledge, research regarding geologic and tectonic
environment of post collisional magmatism in India-Asia collisional margin, geologic
history and tectonics of the Eastern Himalayan Syntaxis.
b. Developing cooperative projects in the fields of regional geological, geochemical,
petrological and multi-isotopic studies related to the evolution of post collisional
magmatic belts (Ladakh Plutons).
c. Exchange of information on technology and geoscientific data.
d. Other areas of mutual interest to be decided upon by the Parties.ARTICLE 3
FORMS OF COOPERATION
Exchange of scientists, experts, delegations and training of personnel for enhancing
capacity building in the fields of geo-sciences.
Promote joint collaborative projects on the study and research in their respective
territories/ countries of mutual interest.
Transfer of technology like techniques of data collection, synthesis of data, advanced
techniques of petrological and geochemical analysis, isotopic and other laboratory
studies as well as data interpretation in support of collaborative projects.
. Visits by geoscientific experts engaged in research programs of mutual interest or
specific to a particular collaborative program of research as identified under this MoU.
Participate in workshops, conferences and exhibitions, aimed at attracting sharing of
geoscientific knowledge in their respective territories.
During the planned visit of FIU scientists to GSI under the MoU, and as to be agreed to
in separately executed agreements by the Parties, short field visit/s of the GSI and FIU
geoscientists to Himalaya shall be involved for understanding the geological set-up of
the Eastern Himalayan Syntaxis and other areas of scientific interest for better
understanding the Himalayan tectonics.
During course of the research study, and as to be agreed to in separately executed
agreements by the Parties, FIU will arrange for laboratory studies in USA; GSI will
extend laboratory facilities in India; FIU will arrange for office space. GSI will arrange
for field visits in India for visiting scientist/s from FIU. Both parties will jointly provide
secretarial and office facilities in their respective facilities. Both parties will jointly
collaborate in the research and in the production of the report.
Exchange of information on research and development, where appropriate.
Other forms of cooperation as may be mutually decided upon by the Parties from time
to time.ARTICLE 4
CENTRAL AUTHORITY
The organisations/Parties responsible for implementation and execution of the present MoU
are:
Geological Survey of India, the Ministry of Mines, the Government of the Republic of
a.
India
The Florida International University Board of Trustees, USA.
ARTICLE 5
IMPLEMENTATION AND JOINT WORKING GROUP
The terms and conditions of implementation of each collaborative programme
undertaken under this MoU as part of the envisaged co-operation shall be agreed to by
the Parties in separate agreements executed by the Parties in accordance with their
respective policies and procedures.
Within the framework of this MoU, in order to exchange views and draw a roadmap for
enhancing cooperation as well as to keep watch/vetting of sensitive
data/information/profile which may be exchanged, a Joint Working Group (JWG) may
be constituted with representatives from each Party and Ministry of Home affairs
(MHA). Such a Joint Working Group may conduct periodical meetings and reviews,
preferably annually or whenever required in the respective countries/through
videoconference alternately for effective implementation of the MoU.
The venue, agenda and date of the meetings of the Working Groups shall be determined
mutually by the Parties.
ARTICLE 6
FINANCIAL ARRANGEMENT
Funding arrangement for the exchange of scientists and other personnel will be set forth by
the Parties in separate agreement(s) to be executed by the Parties for such exchanges once the
details are known.ARTICLE 7
EXECUTION OF SEPARATE AGREEMENTS
a) If the Parties agree, based on each Party’s policies and procedures, that they desire to
collaborate on any particular project or to exchange personnel between the Parties’
institutions, the Parties shall negotiate in good faith to enter into a separate written
agreement for each such project or personnel exchange, which agreement shall contain
appropriate terms, including but not limited to, as applicable, intellectual property rights,
funding terms and scope of work. Neither Party is obligated to enter into an agreement to
which it does not accept the terms. Mutually agreed upon agreements must be executed by
each Party’s authorized official before any project or personnel exchange may commence.
For cooperation requested by either of the Parties that extends to subjects outside of their
special expertise, the Parties may, upon their mutual consent, include the participation of
other organization in the collaboration in the development of activities falling within the
scope of this MoU.
b) It is anticipated that the separate agreements executed by the Parties for the particular
projects or personnel exchange as described in this Article 7(a), shall provide that the
Parties will share and jointly publish the scientific and technical results of cooperative
projects conducted pursuant to the separately executed agreements under this MoU or
hold in confidence in accordance with the specific provisions identified in those separately
executed agreements for the associated collaborative projects. The use of name, logo
and/or official emblem of the Parties on any publication, document and/or paper will
require prior permission of both Parties. It may however, be ensured that the official
emblem and logo are not misused.
c) It is also anticipated that the separate agreements executed by the Parties for the
particular projects or personnel exchange, will provide that, subject to the applicable rules
and regulations of the two Parties, information, including derived data, maps and reports
arising from collaborative activities undertaken under the executed project agreement may
only be released on the written consent of both Parties in the written agreement.d) The Intellectual Property Rights of all background IPR including, but not limited to,
information, maps, reports and all data in analogue or electronic forms supplied by either
Party for the purposes of this MoU is and will remain vested with the owning Party.
e) Ifthe activities under the MoU give rise to intellectual property (IP), the Parties shall
enter into separate agreement that will specifically provide for ownership, management
and commercialization of such rights to such IP in line with rules and regulations of each
Party and other multilateral agreements to which the countries of both Parties are party to.
f) Any usage of either Party’s background IPR will be subject to separate license
arrangements being agreed with the other Party. No transfer of the ownership of either
Party’s background IPR arises from or is implied under this MoU.
g) Each Party’s access to field data, different analysis data and results of the studies will
be detailed in the separate agreement executed by the Parties for each project or personnel
exchange.
h) It is anticipated that the separate project or personnel exchange agreements will
provide that GSI will be the primary repository of the samples with the understanding that
small pieces of duplicate samples can be taken out of India with the permission of the DG,
GSI for laboratory studies in labs in USA.
i) The separate project or personnel exchange agreements will provide for the repository
of data and publication rights.ARTICLE 8
PROTECTION OF CONFIDENTIAL INFORMATION
a. During the term of this MoU, the Parties may exchange confidential information. When
confidential information is disclosed by one party to the other in writing and clearly
identified as confidential, disclosure of such information shall be restricted to the
Parties’ employees who are directly participating in this MoU.In the event of
termination of MoU or the period of validity being over, the classified/confidential
information if any, which has been transferred or resulted from cooperation shall
continue to be treated in confidence until the parties cancel the security classification
for the same.
b. During exchange of sensitive data/information/profile and technical information, it
should be ensured that:
i. Such exchange does not adversely impact national interest of the respective
Parties;
ii. | Sensitive research data/information should be vetted appropriately before being
exchanged;
c. The obligation with respect to handling confidential information, as set forth in this
Mol, is not applicable to the following:
i. Information that is now in, or hereafter enters, the public domain through no
fault of the receiving party;
ii Information that was previously known to the receiving party independently of
the disclosing party;
iii. Information that is independently developed by the receiving party;
iv. Information that is disclosed with the written approval of the other party or as
required by applicable law or judicial order;
v. Information that is received from other sources provided such other sources did
not receive it due to a breach of this MoU.d. Provisions for the protection and distribution of intellectual property created or
furnished in the course of cooperative activities under this MoU shall be governed by
Annex I of the Science & Technology Agreement (STA). Provision for the protection
of classified information and unclassified export-controlled information and equipment
shall be governed by Annex II of STA.
e. No license to the other party, under any trademark, patent or copyright is either granted
or implied by the conveying of information to that party. None of the information which
may be submitted or exchanged by the respective parties shall constitute any
representation, warranty, assurance, guarantee or inducement by any party to any other
party with respect to the infringement of trademarks, patents, copyrights or any right of
privacy, or other rights of third persons.
f. Any and all property or equipment of whatever nature or kind furnished by either Parties
in connection with work under this MoU will remain the property of the Participant
furnishing such property or equipment.
g. FIU designates Neptune Srimal as the only point of contact for exchanging all
confidential information between the parties pursuant to this MoU. GSI designates ADG
& NMH-IV (at present Dr. S.Raju) as the only point of contact for exchanging all
confidential information between the parties pursuant to this MoU. Any change of the
foregoing individuals will be communicated to the other party in writing. Oral
disclosures of confidential information must be identified as confidential at the time of
disclosure, followed by written confirmation within ten (10) business days. Any
confidential information given to anyone other than to the designated individuals stated
above will not fall under the protection of this MoU. All confidential information and
all copies thereof shall be returned to the disclosing party upon written request.
ARTICLE 9
REVISION AND AMENDMENT
This MoU may be amended only by mutual consent of the Parties, provided any and all such
amendment shall be in writing and signed by the authorized representatives of both Parties.However, any amendment in the MoU should not affect the arrangements for IPRs and
confidential information as mentioned in Article 7&8.
ARTICLE 10
SETTLEMENT OF DISPUTES
a) Any dispute between the Parties arising out of the interpretation or implementation of this
MoU shall be settled amicably through consultation or negotiation between the Parties to the
dispute.
b) Activities pursuant to this MoU shall be governed and construed in accordance with laws
and regulations of the respective countries of the Parties where activities are taking place as
well as by the policies and procedures applicable to the subject party.
ARTICLE 11
ENTRY INTO FORCE, DURATION AND TERMINATION
a) This MoU shall enter into force on the date of last signature thereof by the “Parties.”
b) The MoU shall remain in force for an initial period of three (3) years unless extended or
terminated by the Parties in writing through mutual consent depending upon the need/progress
of work. Either Party may terminate this MoU upon providing three (3) months prior written
notice of termination to the other Party.
c) The termination of the MoU shall not affect the validity or duration of specific collaborative
programs already being undertaken thereunder unless decided otherwise by the Parties by
mutual consent.
d) A Party terminating this MoU shall remain bound to contractual relationships to which it is
a party and to its obligations there under, until they are fulfilled unless that separate contractual
relationship is terminated pursuant to its terms.ARTICLE 12
ADDITIONAL TERMS
A. Independent Contractors: This MoU does not constitute a joint venture, partnership or
any other form of legal business arrangement or organization. Each party is and shall act as an
independent contractor and not as an agent or partner of the other party for any purpose
whatsoever, and no party shall act or represent itself, directly or by implication, in any such
capacity in respect of the other party or in any manner which seeks to assume or create any
obligation on behalf of, or in the name of, the other party without that party’s prior express
written consent. The employees of one party shall not be deemed the employees of any other
party. Except as specifically authorized in this MoU, each party agrees not to use the name,
trademarks or logos of any other party or the name of any other party’s employees, officers,
board members or agents in any way including but not limited to, in sales promotion,
advertising materials, applications or proposals without that party’s prior express written
consent.
B. Notices: All notices permitted or required under this MoU shall be in writing and shall be
delivered by personal delivery, electronic mail, or by certified or registered mail, return receipt
requested, to each Party’s respective contact listed in Article 9 above, and will be deemed
given upon personal delivery, five (5) days after deposit in the mail, or upon acknowledgment
of receipt of electronic transmission. Notices of intent to terminate this MoU shall be provided
to the applicable contact listed in Article 9 above.
C. Severability: If any term, provision, covenant or condition of this MoU is held by a court
of competent jurisdiction to be invalid, void or otherwise unenforceable, the remainder of the
provisions of this MoU will remain in full force and effect.
D. ‘Non-Exclusivity: This MoU is nonexclusive and does not affect any party's ability to
contract or enter into projects with other entities.E. Waiver: Failure or delay by any party to insist upon strict performance of any of the
provisions of this MoU, or any party’s failure or delay in exercising any rights or remedies
provided herein or by law, shall not be deemed a waiver of any rights of such party to insist
upon strict performance hereof or of any of such party’s rights or remedies under this MoU or
law, and shall not operate as a waiver of any of the provisions hereof.
F. Assignability: No party may assign any interest in this MoU without the prior written
consent of the other parties. Any attempted assignment shall be void and of no effect if not in
accordance with this MoU.
G. Counterparts: This MoU may be executed in electronic scan, facsimile, PDF or original
document form, and in any number of counterparts, each of which shall be considered an
original for all purposes, and all of which when taken together shall constitute one MoU
binding on the parties, notwithstanding that both parties are not signatories to the original or
the same counterpart but provided that the MoU shall not be effective until all Parties have
signed.
H. No Funding: Nothing in this MoU shall be construed as providing for the sharing of profits
or losses arising out of the efforts of any of the parties. Each party shall bear its own costs for
its efforts with respect to this MoU and no party shall provide any monetary support to any
other party relative to this MoU.
I. Applicable Law and Policies and Procedures: The parties’ obligations here under are
subject to and contingent upon the availability of funds and each party’s policies and
procedures and applicable law.
J. Visit of Foreign officials: The visit of any official/s associated with the research from
outside the country of the individual Party should be subjected to prescribed clearances and
the individual/s may not be allowed to enter restricted and protected areas wherever applicable
and other sensitive installations without obtaining Restricted Area Permit (RAP)/Protected
Area Permit (PAP).K. Entire MoU: This MoU, and all exhibits, comprise the entire and complete understanding,
and MoU among the parties pertaining to the subject matter herein, and supersedes any and
all prior MoUs or understandings, whether oral or written, relating to the subject matter hereof.
L. Headings: Title and paragraph headings are for convenience only and shall not be
construed as revising the content of the terms therein.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Parties,
have signed this Memorandum of Understanding.
Done at th on Ove day of
2021 in two originals, each in the Hindi
and the English language. All texts being equally valid. In case of divergence in interpretation,
the English text will prevail.
FOR THE GEOLOGICAL SURVEY OF FOR THE FLORIDA
INDIA, THE GOVERNMENT OF INTERNATIONAL UNIVERSITY
THE REPUBLIC OF INDIA BOARD OF TRUSTEES
Gon em
Name: ae Garkhal
Name: Robert M Gutierrez
Designation: Director General, Geological Designation: Assistant Vice President for
Survey of India Research, Office of Research & Economic
Development
Read and Acknowledged by: Read and Acknowledged by:
X,
VU '
Dr. S. Raju Dr. Neptune Srimal
ADG & NHM-IV Teaching Professor
Geological Survey of India Department of Earth & Environment