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Sample translations submitted: 1
English to Lao: MEMORANDUM OF UNDERSTANDING General field: Social Sciences Detailed field: Environment & Ecology
Source text - English MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter referred to as “MOU”) is made on this XX of April2022:
BETWEEN
Electricite du Laos, a state-owned enterprise under the laws of Lao P.D.Rhaving its registered office at Lao-Thai Friendship Rd. PO. Box 309, Thongkang Village, Sisattanak District, Vientiane, Lao P.D.R(hereinafter referred to as “EDL”)
AND
FAST TechnologyDevelopment (FAST). a company incorporated under the laws of Lao P.D.R, having its registered office atHom 5, 45#, Ang, Village, Sikuothabong District, Vientiane Capital, Lao P.D.R (hereinafter referred to as “FAST ”).
(FAST and the EDL are hereinafter individually referred to as a "Party" and collectively as the "Parties".)
WHEREAS:
A) This MOU is to implement the Feasibility Study (FS) on the collaboration as stipulated below:
B)
• Conduct the FS on the Research and analysis of Fiber Optic for internet protocol Television (IPTV);
• Conduct the FS on the Research and analysis Internet operations under existing EDL fiber optical cable and new construction on fiber optical cable, including FTTH(Fiber To The Home), Internet private line and other services;
• Conduct the FS on the Research and analysis of applications and developments in the field of smart grids; [ need to check existing MOU, as this may be redundant ]
• Conduct the FS on the research and analysis on the development and application of Mega Data.
C) The Parties hereby document their intentions as described above upon the terms and conditions hereinafter appearing.
NOW, THEREFORE, in consideration of their respective covenants as hereinafter appearing, the Parties agree as follows:
1. Non-Exclusive Collaboration
1.1 For the avoidance of doubt, nothing in this MOU shall be deemed to restrict or prohibit any Party from collaborating in any way with other parties in respect of the subject matter of the Collaboration (or such similar subject matter).
1.2
1.3 This MOU does not create any legal or financial obligation or binding commitment. Each party shall responsible for its own expenses which is necessary for carrying out its obligations under this MOU.
2. Scope of MOU (But not limited to)
The Scope shall only encompass the implemenation of the FS.
2.1 Technology docking: Application Technology of IPTV and Internet Operation Management and Equipment Construction of Central Computer Room.
2.2 Technology docking: light spot layout and optical fiber layout of IPTV and Internet in various provinces and cities under EDL optical fiber network.
2.3 Cooperation analysis: Applications and developments in the field of smart grids； Development and application of MegaData
2.4 Cooperation analysis: situation and economic benefits of IPTV and Internet operation projects
2.5 Land survey and site selection for the construction of the central computer room
2.6 EDL Existing Fiber and Spot Survey and Testing
2.7 Any implementation of the collaboration shall be reviewed and approved by appropriate authorities prior to any affirmative agreements are negotiated.
The two parties shall establish a Joint Working Group (JWG), each party shall designate 1 to 3 persons to join, and EDL Company shall provide the temporary office of theworking group for the JWG to monitor and implement the MOU.
2 Obligations of the Parties
3.1 Obligations of EDL
a) Provide access for inspecting and researching in a timely manner and context.
b) Provide monitoring and supervision support, to ensure compliance in the implementation of this MOU.
c) Review report to ensure the implementation of the MOU is within the guidelines established by policy, rules, decrees, and law of Lao PDR.
d) Upon the request of FAST, EDL agrees to grant FAST access to the site and provide full authorization for FAST for field activities at site;
e) Provide Fast with procedures and regulations required by EDL.
3.2 Obligations of FAST
a) Study the feasibility of the project to be completed on schedule.
b) Submit feasibility study in accordance with the procedures and regulations of EDL and all related ministries ;
c) Submit a report on each stage of the study to EDL in accordance with the MOU.
d) According to the cooperation content of the parties in Article 2, submit "technical indicators of each business" and meet the EDL requirements..
e) Submit Business Model Report based on Laos Market which conforms to the cooperation mode between EDL and FAST.
f) Conduct the legal and regulatory requirement for such project or operations within Lao PDR ;
g) Conduct a thorough economic feasibility of the project ;
h) Conduct the market research and technical requirements for the project.
4 Confidentiality and Intellectual Property Rights
4.1 No Party shall disclose information which is considered confidential and/or personal data to the other Party in connection with the Collaboration, unless the terms with respect to the disclosure and use of such confidential information and/or personal data are negotiated by the Parties, with the mutually agreed terms to be set out in a non-disclosure agreement and/or the relevant Specific Collaboration Agreement. The Parties hereto agree to keep the contents of this MOU and all related activities and documents strictly confidential unless the disclosure of such information by either Party is required under the law, in which such Party shall first inform the other Party before making such disclosure of the same. In respect of certain information that either Party may reveal to the other Party, the other Party hereby agrees to keep such information confidential.
4.2 All proprietary information is and shall remain the property of the disclosing Party. By disclosing information to the receiving Party, the disclosing Party does not grant any express or implied right to the receiving Party to or under the disclosing Party’s intellectual property rights.
4.3 All information or materials provided by a Party to the other Party are provided “as is” without any representation or warranty, express or implied, as to the accuracy, completeness, merchantability or fitness for a particular purpose or non-infringement of third party rights.
4.4 In the event of joint implementation of activities pursuant to this MOU, which result in the development of intellectual property rights, the provisions regarding such intellectual property rights will be determined by separate agreement between the parties prior to any use or dissemination of such intellectual property.
4.5 The documents provided by EDL to FAST are for reference in this MOU. FAST shall not disclose the documents to external parties for its own benefit.
5 Term and Termination
5.1 This MOU shall come into force upon the signing of the authorized representatives of the Parties hereto and shall remain effective for (one) 1 year, unless the Parties agree to extend the duration of this MOU for a further term by not less than sixty (60) days’ written agreement prior to the expiration of this MOU.
5.2 This MOU may be terminated earlier if any party violates or fails to perform its obligation whose breach or failure is not remedied within 30 days after receiving written notice from other party.
5.3 This MOU shall terminate upon the execution and effectiveness of the SpecificAffirmativeAgreement(s) made pursuant to this MOU prior to such termination except in accordance with such Specific AffirmativeAgreement(s).
6 MOU Assignment
Neither Party may assign, novate or transfer its rights, title, benefits, interests, obligations, and liabilities in this MOU to any third party without the prior written approval of the other Party.
7 MOU Public Announcements
7.1 No release shall be made to the news media or to the general public relating to this MOU without the prior written approval of both Parties. This MOU does not serve as permission for either Party to use or advertise the symbols or logos of the other Party for any purpose, without obtaining the prior written consent of the other Party.
8 Limitation of Liability
8.1 In no event shall a Party be liable to the other Party for lost profits, sales, business or revenue, loss of business opportunity, loss of anticipated savings, loss of goodwill, lost or damaged data, damage to reputation, pure economic loss and/or any incidental, consequential, exemplary, special, punitive, multiple or indirect losses and damages whatsoever arising out of or in connection with the MOU, regardless of the form of action (including but not limited to actions for breach of contract, tort, negligence, rescission, indemnification, liquidated damages, misrepresentation and breach of warranty), even if reasonably foreseeable or if the first-mentioned Party has been advised of the possibility of such damages or losses.
9 Governing Law and Dispute Resolution
9.1 This MOU is within the jurisdiction and governed by the laws of Lao PDR.
9.2 When a conflict arises from a mistake or breach, the Parties shall immediate terminate the MOU without prejudice.
10 Counterparts
This MOU may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
11 Non-Binding Nature of this MOU
11.1 This MOU is made in English language in two original documents and Lao language in two original documents. Each party keeps one original English and one original Lao with the same force.In the event of a dispute as to the terms thereof the English version shall prevail.
Both parties have read and understood all the terms and contents of this MOU, and therefore sign and seal this MOU as evidence.
The Parties have caused this MOU to be entered into effective as of the date first above written.
Electricite du Laos FAST TechnologyDevelopment Co., Ltd.
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