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SIGNED BY THE UNITED NATIONS DEVELOPMENT PROGRAMME
AND THE IPU ON 21 NOVEMBER 2007
Endorsed by the IPU Governing Council at its 182nd session
WHEREAS, UNDP, represented by Bureau for Development Policy-Democratic Governance Group, is interested in strengthening parliaments as institutions of democratic governance, through, inter alia, partnering with the IPU;
WHEREAS, the IPU is committed to strengthening its cooperation with UNDP in areas of mutual interest and seeks to engage parliamentarians more systematically in the work of the United Nations;
NOW, THEREFORE, the Parties agree to cooperate as follows:
The purpose of this MOU is to provide a framework of cooperation and facilitate collaboration between the Parties, on a non-exclusive basis, in areas of mutual interest.
The Parties agree to cooperate in the following areas of activity on a non-exclusive basis:
(i) Technical Expertise on Parliamentary Development Programmes. The IPU and UNDP will work together, where appropriate, to facilitate the provision of technical expertise to parliamentary development programmes managed by its country offices. Upon written request, the IPU may provide technical expertise in a number of ways, including the provision of staff, in accordance with each Party's rules and procedures, to participate in short-term missions for planning or evaluation purposes; assistance in identifying relevant international parliamentary experts and providing organizational and substantive support with seminars or workshops.
3.1 The Parties shall, on a regular basis, keep each other informed of and consult on matters of common interest, which in their opinion are likely to lead to mutual collaboration. The IPU shall inform the Democratic Governance Group (DGG) of BDP – in charge of overall parliamentary development policy-making, advisory services and coordination – of communications with UN country teams regarding possibly collaboration at the country level; and DGG shall contact with the IPU where it sees opportunities for collaboration between the IPU and a UN country team at the country level. Materials referencing cooperation between both parties shall be reviewed by both parties for accuracy on a bi‑annual basis.
3.2 Consultation and exchange of information and documents under this Article shall be without prejudice to arrangements, which may be required to safeguard the confidential and restricted character of certain information and documents.
3.3 The Parties shall at such intervals as deemed appropriate convene meetings to review the progress of activities being carried out under the present MOU and to plan future activities.
3.4 The Parties may invite each other to send observers to meetings or conferences convened by them or under their auspices in which, in the opinion of either party, the other may have an interest. Invitations shall be subject to the procedures applicable to such meetings or conferences.
4.1 In order to implement the specific activities envisioned hereunder, the Parties shall conclude cost-sharing agreements in accordance with the applicable UNDP regulations, rules and procedures, which shall specify the costs or expenses relating to the activity and how they are to be borne by the Parties. The cost-sharing agreements shall also include a provision incorporating by reference the MOU, which is applicable to the cost-sharing agreements and the projects/programmes financed therefrom. Any agreement entered into under this paragraph, shall also be made in accordance with the applicable regulations, rules and procedures of the IPU.
4.2 It is understood that all activities at the country level will be carried out on the basis of project documents agreed between UNDP and the concerned governments, in consultation with the IPU and in accordance with the applicable UNDP regulations, rules and procedures.
4.3 The costs of public relations activities relating to the partnership, that are not otherwise addressed by a specific cost-sharing agreement concluded hereunder, will be the responsibility of the party that incurs them.
4.4 Neither Party shall be an agent, representative or joint partner of the other Party. Neither Party shall enter into any contract or commitment on behalf of the other Party and shall be solely responsible for making all payments to and on behalf of its own account, as provided under this MOU and under cost-sharing agreements concluded hereunder.
5.1 Neither Party shall use the name, emblem or trademarks of the other party, its subsidiaries, and/or affiliates, or any abbreviation thereof, in connection with its business or otherwise without the express prior written approval of the other Party in each case. In no event will authorization of the UNDP name or emblem, or any abbreviation thereof, be granted for commercial purposes, or for use in any manner that suggests an endorsement by UNDP of the IPU products or services.
5.2 Each Party acknowledges that it is familiar with the ideals and objectives of the other Party and recognizes that the name and emblem of the other Party may not be associated with any political or sectarian cause or otherwise used in a manner inconsistent with the status, reputation, and neutrality of the other Party, or such purposes or principles.
5.3 The Parties agree to recognize and acknowledge this partnership, as appropriate. To this end, the Parties shall consult with each other concerning the manner and form of such recognition and acknowledgement.
6.1 The proposed cooperation under this MOU is non-exclusive and shall have a duration of an initial period of two years, commencing November 21, 2007, and ending November 21, 2009, unless terminated earlier by either party upon three months' notice in writing to the other party. The Parties may agree to extend this MOU for subsequent periods of two years.
6.2 In the event of termination of the MOU, the cost-sharing agreements and project documents concluded pursuant to this MOU may also be terminated in accordance with the termination provision contained in such agreements. In such case, the Parties shall take the necessary steps to ensure that the activities carried out under the MOU, the cost-sharing agreements, and project documents are brought to a prompt and orderly conclusion.
6.3 This MOU may be amended by mutual agreement of the Parties reflected in writing.
Any notice or request required or permitted to be given or made under this MOU shall be in writing. Such notice or request shall be deemed to have been duly given or made when it shall have been delivered by hand, mail, telex, or cable to the party to which it is required to be given or made at the address specified below or such other address as shall be hereafter notified.
8.1 The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this MOU. Where the Parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the Parties.
8.2 Any dispute, controversy or claim between the Parties arising out of this MOU which is not settled amicably in accordance with the foregoing paragraph shall be referred to arbitration under the UNCITRAL Arbitration Rules then in force. The arbitral tribunal shall have no authority to award punitive damages. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.
8.3 This MOU and the related Cost-Sharing Agreements comprise the complete understanding of the Parties in respect of the subject matter in this MOU and supersede all prior agreements relating to the same subject matter. Failure by either Party to enforce a provision of this MOU shall not constitute a waiver of that or any other provision of this MOU. The invalidity of unenforceability of any provision of this MOU shall not affect the validity or enforceability of any other provision of the MOU.
Nothing in or relating to this MOU shall be deemed a waiver, express, or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties affix their signatures below.