EDUCATION PARTNERSHIP AGREEMENT COMPONENT: Air Force Research Laboratory Space Vehicles Directorate (AFRL/VS) 3550 Aberdeen Avenue SE Kirtland AFB NM 87117-5776
Phone: (505) PARTNER: Phone:
PURPOSE OF THIS AGREEMENT: To document the transfer of defense laboratory and computer equipment and materials to encourage and enhance the study of mathematics and science at , a nonprofit (<501c3>) educational institution, as defined as „local educational agency‟ in 10 U.S.C. §2194(e)(2). AUTHORITY: As provided by DoD Directive 5535.3, paragraph 5.3.1 (dated 21 May 1999), this agreement is entered into pursuant paragraph (b)(2) of the Education Partnership Act, 10 U.S.C. §2194, for the purpose of “transferring to the institution any computer equipment, or other scientific equipment, that is –; a) commonly used by educational institutions; b) surplus to the needs of the defense laboratory; and c) determined by the director to be appropriate for support of such agreement.” TERMS AND CONDITIONS: Certain defense laboratory equipment, identified in Appendix A of this Agreement, will be used to encourage and enhance the study of science, mathematics and engineering. AFRL/VS transfers title to and disclaims all responsibility as to the condition of all the equipment received by . FUNDING: Each party will pay for its own costs. LIABILITIES: To the extent permitted by the respective federal or state laws governing the parties, each party shall be responsible for claims brought against it for personal injury or property damage, or for any other type of injury or damage, to the extent such injuries or damage result from the negligence of its employees, agents, instructors or students. GOVERNING LAWS: The Parties agree that the laws of the State of New Mexico shall govern this Agreement for all purposes. DELIVERABLES: A final report shall be prepared by . Such report shall document how the donated equipment was used during its first year at . Final report is due thirty - (30) days prior to the expiration or termination of the agreement. VALUE OF CONTRIBUTIONS: AFRL/VS estimates the value of its contributions to this 1
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agreement to be $XXXXXXX. PERIOD OF AGREEMENT: The Agreement shall commence on the date of the last signature affixed below, and expire one year later. Any party may terminate this Agreement earlier upon delivery of written notice at least 30 days in advance of the prospective termination date. Termination of this Agreement by either Party for any reason shall not affect the rights and obligation of the Parties accrued prior to the effective date of termination of this Agreement. If either Party requests modification of this Agreement, extending the period, the Parties shall, upon reasonable notice of the proposed modification by the Party desiring the change, confer in good faith to determine the feasibility of such modification. Modifications shall not be effective until duly authorized representatives of both Parties. If AFRL/VS terminates this Agreement, it shall not be liable for any costs resulting from or related to the termination, including but not limited to, consequential damages or any other costs incurred by the other Party; and furthermore AFRL/VS shall be held harmless by the other Party from legal actions brought by third parties, including participating schools or their students occasioned by such termination.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in triplicate. AIR FORCE RESEARCH LABORATORY/ SPACE VEHILCES DIRECTORATE: By: _______________________________ Name:______________________________ Title:_______________________________ Date:_______________________________ :
By:__________________________________ Name:________________________________ Title:_________________________________ Date:_________________________________
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APPENDIX A
EQUIPMENT DONATION FORM
EMAS TAG NO ITEM MANUFACTURER MODEL/ SERIAL NO PHYSICAL DESCRIPTION Cost in $1,000
Total Cost of Donated Equipment I have read, understand and accept the terms of the Education Partnership Agreement between AFRL/VS and and accept possession of and full responsibility for the donated equipment listed above. Signature of Receiving Agent: ____________________________________________ Date:_______________________________ Name of Receiving Agent: ____________________________________________
I certify that the above listed equipment has been donated to and received by the Receiving Agent identified above. Signature of AFRL/VS Property Custodian: ____________________________________________ Date:_______________________________ Name of AFRL/VS Property Custodian: ____________________________________________ AFRL/VS______
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