This Memorandum of Agreement (MOA) is entered into this _____day of ___________, 2014 BETWEEN Public Institute of Education and Research (IISER) located at By-pass Road, Madhya Pradesh, India (hereinafter called ‘PIER’ which expression shall where the context so admits, include its successors, permitted assigns and will include its Constituents) of the one part.
AND
Medical College and Research Centre, a private hospital and research centre, having its Registered Office at L. N. Medical College and Research Centre (NCH),
Town, C-Sector,Road, Madhya Pradesh India ‘(hereinafter called ‘PMCRC’ which expression shall include its successors in interest/business and permitted assigns) of the other part;
Preamble
‘IISER Bhopal’ has been established in 2008 by the Ministry of Human Resource Development (MHRD), Government of India. Ever since its inception, IISER Bhopal engaged in providing a platform for the faculty to engage in high quality cutting edge research in frontier areas of basic sciences. The institute offers Integrated Masters (M.S.) and Ph.D. degree programs in Biology, Chemistry, Mathematics, Physics, and Environmental Sciences etc. IISER Bhopal is dedicated to imparting high quality science education in a research oriented environment to young and academically motivated undergraduate and postgraduate students.
LNMC is a comprehensive Tertiary care hospital which provides specialized services to make the life of ill patients comfortable as per the guidelines of WHO. LNMC has therapeutic and diagnostic facilities, at par with national level hospitals. LNMC is also actively involved in biomedical research.
To synergize R&D and academic efforts in the field of biomedical education and research, IISER Bhopal and LNMC Bhopal are interested in establishing interaction in collaborative research and academic activities primarily toward building a vital bridge between basic and clinical science professionals that may translate bedside patient needs to solutions from the bench. This collaboration eventually hopes to propagate 'Personalized Medicine and patient centred learning’ such that students, Scientists and health professionals take pride in their teamwork toward making a positive change in patients' lives.
The MOU will broadly cover the following areas and modalities.
IISER Bhopal and LNMC will identify research opportunities to conduct cooperative research and experimental programmes for the mutual benefits. Areas of mutual interest include, but are not limited to, Global health, Personalized Medicine and Patient centred learning, Infectious disease, Immunology, Oncology including Cancer metastasis, cancer epidemiology, chemoprevention, carcinogenesis, tumor immunology, palliative care, chemotherapy and radiation oncology.
IISER Bhopal and LNMC will encourage respective physicians, faculty members and scientists to explore and prepare joint research proposals on some thrust areas for funding by government agencies.
Joint research projects will be submitted to funding agencies after obtaining explicit clearance from both the institutions. The technical activities and grant sharing between two parties shall be defined and mutually agreed while submitting such proposals. Existing/stipulated guidelines of the funding agencies with regard to research publications and patents will be followed. Else such matters will be mutually decided.
The samples from patients and healthy individuals (if required) will be collected from LNMC following the guidelines laid by the Indian Council of Medical Research (ICMR) New Delhi. The clinical research projects will be thoroughly examined and approved by the ethical committee of the IISER Bhopal and LNMC before collection of clinical samples from LNMC. In the absence of ethical committee at the LNMC, the clinical research projects will be examined and approved by the ethical committee of IISER Bhopal as per the guidelines of ICMR New Delhi. The clinical samples required for the project will be exchanged free of cost and will be purely used for academic research only. The confidential information of the patient/healthy individuals will not be disclosed under any circumstances.
All patent applications will be made through IISER Bhopal directly or through some federal or private agency appointed/approved by IISER Bhopal. The interests of LNMC while filing the patent applications will be respected as per the mutual agreement made prior to the beginning of the project on case to case basis.
IISER Bhopal and LNMC shall consult each other for research publications and acknowledge the same for research publications resulting from collaborative research. The role in research and authorships of contributors in publications from each institute should be clearly defined prior to the beginning of the project.
IISER Bhopal and LNMC will explore possibility to organize seminars, workshops, conference and various scientific activities of mutual interest under auspices of learned professional societies at mutually convenient venues to promote R&D/academia/industry interactions. The resources for such activity will be shared.
Duration of MOU will be initially for FIVE years, which can be renewed upon mutual understanding.
Either party may terminate this MOU by giving thirty (30) days notice in writing to the other party provided that such termination shall not affect the rights of the parties to MOU which have been accrued prior to such termination.
If any dispute or difference arises between the parties hereto as to the construction, interpretation, effect and implementation of any provision of this MOU including the rights and liabilities or any claim or demand of any party against other or in regard to any other matter under this MOU but excluding any matters, decisions or determinations of which is expressly provided for in this MOU, such disputes or differences shall be resolved by mutual consultation and if it fails, the dispute shall be referred to the Bench of Arbitrators. Each party would appoint one Arbitrator and the two Arbitrators would appoint the third Arbitrator as the Presiding Arbitrator. A reference to the Arbitration shall be deemed to be submission within the meaning of the Arbitration and Conciliation Act, 1996 and the rules framed there under for the time being in force.
If however, ‘IISER Bhopal’ or ‘LNMC’ does not make any claim or demand or raise any dispute or difference within one year from the date on which such demand or claim arises, IISER Bhopal’ or ‘LNMC’ shall be deemed to have waived and abandoned such claim or demand or the right to raise such dispute or difference against the other party.
The venue of the Arbitration shall be at Bhopal.
Each party shall bear and pay its own cost of the arbitration proceedings unless the Arbitrator otherwise decides in the Award.
This MoU shall not be construed as financial and legal binding, nor are any legal consequences intended to flow as a result of this MoU.
This MOA shall become effective on and from the date it is signed.
IN WITNESS WHEREOF, both the parties herein set their respective hands on the day, month and year first above written in the presence of following witnesses.
On behalf of IISER Bhopal On behalf of LNMC
WITNESSES
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