26 6 月

IMPLEMENTING ARRANGEMENT NUMBER 5 CONSULTANCY SERVICES FOR THE ENHANCEMENT OF THE CWB DATA ASSIMILATION SYSTEM TO THE AGREEMENT BETWEEN THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN THE UNITED STATES AND THE AMERICAN INSTITUTE IN TAIWAN FOR TECHNICAL COOPERATION ASSOCIATED WITH ESTABLISHMENT OF ADVANCED DATA ASSIMILATION AND MODELING SYSTEM-1

ARTICLE I – SCOPEThis Implementing Arrangement describes the cooperativescientific, technical, engineering and administrative activitiesto be undertaken by the American Institute in Taiwan (AIT) andits designated representative, the University Corporation forAtmospheric Research (UCAR), to provide consultancy services forthe Enhancement of the CWB Data Assimilation System. This is acooperative effort between the Taipei Economic and CulturalRepresentative Office in the United States (TECRO), through itsdesignated representative, the Central Weather Bureau (CWB), ofthe Ministry of Transportation and Communications (MOTC) andAIT, through its designated representative, UCAR ThisImplementing Arrangement pertains to the January 12, 2005Agreement between AIT and TECRO for Technical Cooperationassociated with the Establishment of Advanced Data Assimilationand Modeling Systems (hereinafter referred to as the Agreement)and is a part of the Agreement.ARTICLE II- AUTHORIZATIONThe activities described in this Implementing Arrangement willbe carried out under the general terms and conditionsestablished by the Agreement. The Agreement was entered into bythe parties pursuant to the Taiwan Relations Act of April 10,1979, Public Law 96-8 (22 USC §3301 et seq.).ARTICLE III – SERVICESTaiwan is extremely vulnerable to the passage of tropicalcyclones (TCs), also known as typhoons. In a typical year, threeto four typhoons have an impact on the island, with one or twomaking landfall. However, a typhoon does not need to make directlandfall for Taiwan to experience damaging winds and heavyrains. The forecasting of typhoons around Taiwan is a verychallenging task, because Taiwan is surrounded by ocean, wherethere are few traditional meteorological observations, AIT’sdesignated representative, UCAR, will provide software andconsulting services for the implementation and testing ofadvanced data assimilation systems (e.g., WRFVar and WRFIDART)into CWB’s operational environment, land surface modeling anddata assimilation with HRLDAS system, and ground-based GPS watervapor sensing. The detailed tasks to be provided by AIT’sdesignated representative, UCAR, are included in the attachedStatement of Work. The technical cooperation between thedesignated representatives of TECRO and AIT will be performed inaccordance with the terms and conditions of the Agreement andthis Implementing Arrangement No.5.ARTICLE IV – FINANCIAL PROVISIONSTECRO agrees to provide fixed payments to AIT for all workperformed by AIT’s designated representative, UCAR, inassociation with the project covered by this ImplementingArrangement. AIT will transfer to UCAR all payments made byTECRO to AIT for work performed by UCAR in association with thisImplementing Arrangement.The total firm fixed price for activities described in thisImplementing Arrangement is mutually agreed to be U.S. $324,000.TECRO agrees to transfer fifty percent of the firm fixed priceto AIT within one month after the signing of this ImplementingArrangement, with the remaining fifty percent to be transferredupon completion of the tasks set forth in this ImplementingArrangement No.5. It is agreed and understood that payments willbe provided in U.S. dollars.ARTICLE V – INTELLECTUAL PROPERTY CONSIDERATIONSIntellectual Property – The parties agree that no IntellectualProperty or other Proprietary Information will be provided underthis Implementing Arrangement. Intellectual Property andProprietary Information are defined as software, designs,processes, drawings, data, and modeling systems which includes,but is not limited to, all versions, derivative works, updates,improvements, modifications, enhancements and releases thereof,patents, patent applications, continuations-inpart, inventorrights in the United States and any foreign countries andapplications therefore. In the event that any activities underthis Implementing Arrangement require the use of the otherparty’s Intellectual Property or Proprietary Information, theparties shall in good faith enter into negotiations to reduce toa mutually agreeable writing the obligations and termsassociated with such understandings.Public Domain Technology – The Weather Research and Forecasting(WRF) model, as well as its associated data assimilation systems(e.g., WRFVar, WRF/DART, HRLDAS), were developed by the NationalCenter for Atmospheric Research (NCAR) with significantparticipation of the broad scientific community. The WRF model,WRF-Var, WRF/DART, HRLDAS are in the public domain. Both partiesagree that the WRF model, WRFVar, WRF/DART, HRLDAS systems andany modifications, revisions, enhancements, updates, orimprovements shall remain in the public domain and are notconsidered Proprietary Information.ARTICLE VI – EFFECTIVE DATE, AMENDMENT, AND TERMINATIONThis Implementing Arrangement takes effect 1 January 2009 andthe completion date of tasks described in this ImplementingArrangement is 31 December 2009. This Implementing Arrangementmay be amended and/or terminated in accordance with the termsand conditions of the Agreement.FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE INCULTURAL REPRESENTATIVE OFFICE TAIWANIN THE UNITED STATESName of person signing: Name of person signing: Ta-Tung J. Chang Barbar J. SchragePosition: Position: Deputy Representative Managing DirectorDate: June 18, 2009 Date: April 13, 2009