CHECKLIST OF ADDITIONAL TERMS AND CONDITIONS TO BE CONSIDERED

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Checklist of Additional Terms and Conditions for foreign subawards

Checklist of Additional Terms and Conditions to be considered for foreign subawards. Universities may adapt and tailor to particular institutional requirements:

Use of Name: Neither party shall use the name of the other party, nor the name of any faculty member, employee, or student of the other party, in connection with any product, service, promotion, news release, or other publicity without the prior written permission of the other party and, if an individual's name be concerned, of that individual.
Publications: Collaborator agrees that all publications that result from work under this subaward will acknowledge that the project was supported by (Award #), (Sponsor Name).
Governing Language: In the event that a translation of this Agreement is prepared and signed by the parties, this English language version shall be the official version and shall govern if there is a conflict between this English language version and the translation. All disputes [litigation and arbitration] under this Agreement shall be resolved and conducted, regardless of the means or authority, in the English language.
Governing Law: This Agreement shall be governed, construed and enforced for all purposes in accordance with the laws of [specify], without regard to such laws governing choice of law. Notwithstanding the foregoing Collaborator acknowledges that University is subject to the laws of the United States and will not be obligated to take any action that is violative of such laws.
Patents: Pursuant to Public Law 96-517, as amended by Public Law 98-620, title to any invention or discovery made or conceived under this subaward shall vest in the Collaborator. Collaborator shall promptly notify Principal Investigator (as shown in Attachment 3) in writing of any such inventions or discoveries. Collaborator hereby grants to University a royalty-free, non-exclusive license for internal research purposes to any Collaborator invention or discovery.http://thomas.loc.gov/cgi-bin/bdquery/z?d096:HR06933:@@@L
Anti-terrorist Compliance: Collaborator hereby agrees that all funds, including sub-awards to subrecipients, will be used in compliance with all applicable United States anti-terrorist financing and asset control laws, regulations, rules and executive orders.
No Partnership/Joint Venture: The relationship of the Parties under this Agreement is that of independent contractors and they are not agents, employees, partners or joint ventures of one another. No Party has the authority to bind any other Party in contract or to incur any debts or obligations on behalf of any other Party, and no Party (including any employee or other representative of a Party with responsibility for [Program] matters) shall take any action that attempts or purports to bind any other Party in contract or to incur any debts or obligations on behalf of any other Party, without the affected Party’s prior written approval.
Export Controls: It is understood that University is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations hereunder are contingent on compliance with applicable U.S. export laws and regulations (including the Arms Export Control Act, as amended, and the Export Administration Act of 1979). The transfer of any such Technology and Items and the entering into and provision of such Transactions and Services that are subject to Restrictions may require a license or authorization from the cognizant agency of the United States Government, and/or may require written assurances by the receiving party that it shall not re-export such Technology and Items to certain foreign destinations and/or to certain recipients without prior approval of the cognizant government agency, and/or may require that the involved individuals and entities will comply with conditions on Transactions and Services. While University agrees to cooperate in securing any license which the cognizant agency deems necessary in connection with this Agreement, University cannot guarantee that such licenses will be granted.

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