MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made on
2018
BETWEEN
UNITEC INSTITUTE OF TECHNOLOGY (“
Unitec”)
AND
AUCKLAND UNIVERSITY OF TECHNOLOGY (“
AUT”
)
BACKGROUND
A.
The parties wish to provide a framework for their proposed discussions and negotiations on
matters which they expect wil be of mutual benefit.
B.
The parties have agreed to enter into this MOU in order to set out the principles and
proposed processes for achieving these goals and to provide for a formal agreement or
agreements which the parties wil enter into as part of those negotiations.
1.
EFFECT OF THIS MOU
1.1
This MOU sets out the intentions of each of Unitec and AUT to negotiate in good faith and, if
possible, to enter into a formal agreement or agreements regarding the provision of Osteopathy
education and training in Auckland.
1.2
Other than this clause 1, and clause 6, this MOU is not intended to be legally binding.
2.
PRINCIPLES
Each party agrees:
(a)
To use all reasonable endeavours to ensure that matters under its control do
not cause any breach of this MOU;
(b)
To make a commitment to open discussion, positive negotiation and a problem
solving approach to all matters related to fulfil ing the purpose of this MOU;
(c)
To openly explore the joint development and evaluation of education pathways
and initiatives to be discussed;
(d)
To promptly disclose any actual or potential conflicts of interest;
(e)
To use its best efforts to support the aims and objectives of the other party
where these are not in conflict with its own aims and objectives.
3.
COLLABORATIVE INITIATIVES
3.1
The parties agree to enter into good faith discussions and negotiations and, if agreed, to
conclude one or more formal agreements which wil provide for:
(a)
Access to AUT premises and facilities at which Unitec will provide Osteopathy
education and training in 2019;
(b)
Transition to a shared or collaborative model of delivery of Osteopathy
education and training from 2020.
3.2
The parties agree that they wil each appoint 2 representatives (or more if agreed) who wil meet
regularly, being at least once every 2 months and at other times as agreed, in order to advance
those discussions and negotiations including setting the scope, the timetable and ensuring
minutes and action plans are recorded.
4.
TERM OF MOU
4.1
Upon signing by both parties, this MOU shall become effective and shall remain in force for a
period which shall end on the earlier of:
(a)
The date which is 24 months from the date of signing; and
(b)
The effective date of a binding agreement signed by both parties concerning or
related to the matters which are the subject of clause 3.1(b).
5.
DISPUTES
5.1
In the event of a dispute between the parties arising from the operation or implementation of this
MOU the parties agree to use their best efforts to solve the dispute informally by discussion.
5.2
In the event a matter in dispute cannot be resolved, the issues relating to the matter in dispute
shall be set down in writing by each party and be referred to a Disputes Committee comprising:
• The chief executive of AUT (or his nominee); and
• The chief executive of Unitec (or his nominee).
6.
CONFIDENTIALITY
6.1
The contents of this MOU and the substance of all discussions (including any materials in
electronic or other form which are shared or exchanged in those discussions) after the date of
this MOU (“
Confidential Information”) are confidential. Subject to this clause 6, a party may
disclose Confidential Information only to its employees or advisers on a need-to-know basis or
as mutually agreed in advance between the parties.
6.2
A party may disclose Confidential Information to the extent required by law. If a party is required
by law to disclose Confidential Information, it must immediately notify the other party.
6.3
The parties wil agree the form and content of any press release which makes reference to this
MOU or the fact that the parties have reached agreement to engage in formal discussions.
EXECUTION
SIGNED by an authorised signatory for and on behalf of
UNITEC INSTITUTE OF TECHNOLOGY by
:
____________________________
Signature of Authorised Signatory
__________________________
Name of Authorised Signatory
__________________________
Position held
SIGNED by an authorised signatory for and on behalf of
AUCKLAND UNIVERSITY OF TECHNOLOGY by:
____________________________
Signature of Authorised Signatory
____________________________
Name of Authorised Signatory
____________________________
Position held
