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Memorandum of Agreement (University of the South Pacific and Kiribati) [2006] PITSE 4 (4 August 2006)

MEMORANDUM OF AGREEMENT

(04 August 2006)

ENTRY INTO FORCE : 04 AUGUST 2006

This Memorandum of Agreement is made between the University of the South Pacific (henceforth “USP”) and the Government of the Republic of Kiribati (henceforth “GoK”).

WHEREAS both the GoK and USP are fully committed to providing quality post-secondary education to citizens and residents of Kiribati, and to conducting research relevant to the needs of the governments and people of Kiribati; and

WHEREAS both parties recognise that the current facilities of USP in Kiribati are too small to allow for proper expansion of the USP’s educational activities in the country; and

WHEREAS both parties recognise the desirability of establishing a region-wide Centre for Sustainable Development in Atolls and Small Islands States (henceforth “Atoll Research Centre”), to be based in Kiribati;

The two parties therefore agree as follows:

(1) The GoK will make adequate land available for long-term lease by USP for the construction of a new campus for USP, incorporating the Atoll Research Centre.

(2) A Project Steering Committee will be established, with representation by both GoK and USP, with responsibility for approving the overall design of all facilities, and for the allocation of space within these facilities.

(3) The GoK will provide A$2,000,000 (Two Million Australian Dollars) for the construction of the new facilities and for provision of furnishings, equipment, electrical and IT cabling and the like. If additional funding is needed, GoK and USP will work together to identify and secure the additional funds required.

(4) Once a site has been identified and a design approved, GoK and USP will negotiate a Subsidiary Agreement to this Memorandum covering the scheduling of construction of the various facilities.

(5) The Project Steering Committee will oversee the disbursement of funds and the construction of the facilities as per the terms of the Subsidiary Agreement. GoK will have primary responsibility for the award of the construction contracts.

(6) Upon completion, the facilities will be handed over to USP, which will then be responsible for the operation of the campus, ensuring, to the extent feasible, that the facilities will be adequately maintained and staffed to provide tertiary education courses to the people of Kiribati.

(7) USP will make the facilities available for ongoing community education purposes so long as the core tertiary activities are not disrupted.

(8) The GoK will ensure the USP has access to the water, reefs and land for the purpose of conducting applied research into sustainability issues for atolls and small islands. These activities must be conducted in accordance with the laws of Kiribati, and with due respect for the customs and traditions of Kiribati.

(9) The GoK will use its best endeavours to ensure that USP has unrestricted access to its USPNet satellite network to conduct educational and management activities.

Made this 4^th day of August, 2006