Specific Agreement on Research Collaboration between Sweden and Makerere University during the period 3 November 2015 30 June 2020 between The Uganda state owned Makerere University ( Mak ) and The Swedish International Development Cooperation Agency ( Sida ), represented in Uganda by the Embassy of Sweden in Kampala, for the Mak-Sweden Research Partnership Training Program Strengthening Public Universities to Generate Knowledge and Promote Research Uptake for National and Regional Development. Mak and Sida are hereinafter called the Parties. The Parties, considering that: Mak has requested Sweden to fund the Mak-Sweden Research Partnership Training Program Strengthening Public Universities to Generate Knowledge and Promote Research Uptake for National and Regional Development, contribution number 51180060, during the activity period 3 November 2015 30 June 2020. The Mak level of funding to the Program shall be reflected in the budget of Mak. Sweden will make available support to the Program by providing financial assistance up to a maximum amount of 267 816 000 SEK, of which 170 966 957 SEK will be disbursed to Mak in accordance with this Agreement. have agreed as follows: 1
Article 1 Objective of the Program This Agreement regulates funding to research collaboration between Sweden and Uganda. The maximum amount of 267 816 000 SEK for the research collaboration is divided in this Agreement between Makerere University and Swedish partner universities. The overall objective of the Program is to increase the capacity of Ugandan public universities to generate knowledge and promote research uptake for national and regional development, as described in the Program Document (August 24, 2015), the Overall Results Based Management (RBM) Log Frame (March 19, 2015), and the Program Budgets (Annex B, H, I ) in the currency of SEK. The overall-all Results Based Management Log Frame, and the Program budget will be updated through amendments in writing whenever changes in the Program/Project Results Based Management Log Frames are required for effective implementation, through assessing annual work plans and annual reports, results of evaluations, reviews and audits, and the decision taken by Sida on the basis of consultations, or other relevant intervention. Article 2 - Reference to other agreements Cooperation between the Parties under this Agreement is also governed by: the General Agreement between the Government of Sweden and the Government of Uganda on Research Cooperation for the period dated 3 November 2015 to 30 June 2020, and any agreement that may replace or amend the said agreements. The program is also governed by the Agreement: the Agreement between Sida and Uppsala University (for the International Science Programs - ISP) on PhD student allowances during 1 August 2012 31 December 2015. any other agreement that may replace or amend the said agreement. Article 3 Implementation responsibilities and representation 3.1 Mak will be fully responsible for the implementation, monitoring and follow-up of the Uganda-Sweden Research Partnership Training Program Strengthening Public Universities to Generate Knowledge and Promote Research Uptake for National and Regional Development, including the efficient and agreed upon management of the financial contributions from Sweden. Mak shall collaborate with the Swedish universities that partner with Mak in the Program 2
(Annex C), as well as be fully responsible for the efficient and agreed upon management of the financial contributions from Sweden that goes directly to Mak as of Article 5 in this Agreement. As a financier, Sweden shall not bear any responsibility and/or liability to any third party with regard to the implementation of the program. Mak shall collaborate with the Ugandan universities that partner with Mak in the Program (Annex C) as well as be fully responsible for the efficient and agreed upon management of the financial contributions from Sweden that goes directly to Mak as of Article 5 in this Agreement. As a financier, Sweden shall not bear any responsibility and/or liability to any third party with regard to the implementation of the program. 3.2 Written communication relating to this Agreement shall state Sweden s contribution number and title of the Program and be sent to the following addresses: For Sweden: The Embassy of Sweden, Kampala P.O. Box 22669 24 Lumumba Avenue, Nakasero Kampala Uganda For the attention of: Dr. Katri Pohjolainen Yap Senior Research Advisor/First Secretary Research Cooperation For Mak: Makerere University P.O. Box 7062 Kampala Uganda For the attention of: Prof. Mukadasi Buyinza Director, Directorate of Research and Graduate Training (DRGT) Article 4 Activity Period and specific budget conditions 4.1. The total maximum contribution amount of Swedish Krona (SEK) from Sweden for the Program is 267 816 000. The total maximum contribution amount of Swedish Krona (SEK) 267 816 000 SEK from Sweden for the Program may only be used for activities as specified in the Program Document (Annex A) and Program Budgets (Annex B, H,I), and any amendments to them as accepted by Sweden, during 3 November 2015 30 June 2020 which is the activity period of the Agreement. The activity period is the term used to clarify the entire time period under which Sida will finance the costs of the Projects (Annex A), i.e. the time duration during which approved activities in the Program shall take place. 4.2. Cost calculations for this Program are to be based on the Sweden-Makarere University Bilateral Research Collaboration Program Standard Operating Procedures (Annex E). Any 3
revisions of the Standard Operating Procedures during the Agreement period are subject to decision by Sweden. Air travel costs for business or first class are not eligible for financing in this Agreement. 4.3. Currency exchange losses shall not be considered eligible for financing from this Agreement. In the event of an exceptional exchange-rate fluctuation, the Parties shall consult each other with a view to restructuring the Project in order to lessen the impact of such a fluctuation. Article 5 Disbursements 5.1 Sweden will strive to ensure the predictability of its financing by aligning its annual financial commitments and disbursements with the Mak budgetary cycle and cash flow needs of the Program. 5.2 The total maximum contribution of Swedish Krona (SEK) 267 816 000 includes: 1) Funds to be disbursed by Sweden to Mak 2) Funds to be disbursed by Sweden to Uppsala University (the International Science Program - ISP), for subsistence allowance for Ugandan Ph.D. students while they are in Sweden. The division of funds between Mak, Uppsala University (for the International Science Program - ISP) and the other Swedish partner universities is expressed in the Program Document and the Program Budgets, at overall as well as sub-program levels (Annex B, H, I) and, regarding the Swedish universities, regulated in specific Agreements between those and Sida, via Uppsala University(ISP). 5.2.3 Regarding the total maximum contribution of SEK 267 816 000 from Sweden to the Program, the following provisional disbursement schedule is foreseen. 2015 27 185 428 SEK of which 16 725 942 SEK to Mak; 9 567 036 SEK to Swedish partner universities; and 892 450 SEK to UU/ISP. The instalment is made available after November 3, 2015. 2016 58 280 572 SEK of which 36 883 628 SEK to Mak; 19 456 794 SEK to Swedish partner universities; and 1 940 150 SEK to UU/ISP. The first instalment to Mak is foreseen to be in April 2016, and the second in November 2016. The instalments to Swedish universities and UU are made available in April 2016. 2017 60 707 512 SEK of which 39 546 549 SEK to Mak; 19 016 363 SEK to Swedish partner universities; and 2 144 600 SEK to UU/ISP. The first instalment to Mak is foreseen to be in April 2017 and the 4
second in November 2017. The instalments to Swedish universities and UU are made available in April 2017. 2018 56 568 695 SEK of which 36 639 865 SEK to Mak; 17 827 731 SEK to Swedish partner universities; and 2 101 100 SEK to UU/ISP. The first instalment to Mak is foreseen to be in April 2018 and the second in November 2018. The instalments to Swedish universities and UU are made available in April 2018. 2019 2020 45 420 347 SEK 19 653 446 SEK of which 28 616 274 to Mak; 15 269 173 SEK to Swedish partner universities; and 1 534 900 SEK to UU/ISP. The first instalment to Mak is foreseen to be in April 2019 and the second in November 2019. The instalments to Swedish universities and UU are made available in April 2019. of which 12 554 699 SEK to Mak; 6 568 047 SEK to Swedish partner universities; and 530 700 SEK to UU/ISP. The last instalment is foreseen to be made available in April 2020 to all parties. Total maximum contribution to the Program, whereof 170 966 957 SEK to Mak in accordance with this Agreement. 267 816 000 SEK 5.3.1 The financing provided by Sweden to Mak, in accordance with Article 5.2 and the Program Budgets (Annex B, H, I), shall be paid in instalments upon receipt and approval by Sweden of written payment requests signed by Mak s authorised representative(s). Disbursements are conditional upon the fulfilment of the requirements in this Specific Agreement, progress in relation to Program objectives and expected results indicated by annual financial and narrative reports and annual audit reports approved by Sweden, as well as actual cash flow needs in accordance with presented and by Sweden approved annual work plans including budgets. The financing provided by Sweden to Uppsala University (ISP), in accordance with Article 5.2 and stated in the budgets (Annex B, H, I) and in accordance with the Agreement as of Article 2, will be paid in instalments to Uppsala University (ISP), upon recipe and approval by Sweden of a written payment request signed by the Uppsala University/ISP authorised representative(s), in accordance with a separate agreement between Sweden and Uppsala University/ISP. Uppsala University(ISP) will channel subsistence allowance to the eligible Ph.D. candidates and Post- 5
Doc fellows in Sweden, conditional on approved study/research plans and proof of travels. In accordance of agreements between Sida and the Swedish partner universities, the latter shall use the financing in accordance with separate agreement between Embassy of Sweden to Uganda in Kampala, via Uppsala University (ISP), and the Swedish universities. Disbursements are conditional upon the fulfilment of the requirements in the agreement between Sweden and the Swedish universities in question, progress in relation to Program objectives and expected results indicated by annual financial and narrative reports and annual audit reports approved by Sweden, as well as actual cash flow needs in accordance with presented annual work plans including budgets. 5.3.2 Formal requirements for the funds to be disbursed to Mak. The request for funds to Mak shall be submitted in original to the Embassy of Sweden to Uganda in Kampala, with information on the title of the Agreement and the contribution ID number (51180060). The request shall be signed by the responsible function of Mak, namely the Vice-Chancellor or his/her designated representative. The requested amount shall be stated in the currency of Swedish Kronor (SEK), independent of which currency the payment shall be effectuated in. The payment will be made in a convertible currency other than Swedish Krona (SEK) provided it has been clearly stated in the request and provided that the account can receive the currency indicated. The exchange of the SEK will be made by Sida s bank following the payment instructions from Sida. The following complete bank details have to be included in the request: bank account holder, bank name and bank address, bank account number, IBAN (if applicable), SWIFT/Bic-code, Currency of the account The formal requirements for the requests for disbursement to Uppsala University (ISP), as referred to in Articles 5.2 and the Program budgets (Annex B, H, I), are specified in the separate agreement between Sida and Uppsala University (ISP), respectively. This Agreement is mentioned in article 2. 5.3.3 The first request from Mak shall be accompanied by a letter sent from the Ugandan bank to Sweden including an assurance regarding the following: bank account holder, bank name and bank address, bank account number, IBAN (if applicable), SWIFT/Bic-code as well as the currency of the account. Subsequent disbursement requests need to be accompanied by a new 6
bank letter only if Mak has made any changes regarding any of the above mentioned bank details. 5.4 The financing provided by Sweden to Mak shall be deposited in an interest bearing foreign exchange account in Uganda. Mak will immediately acknowledge the receipt of the funds in writing to Embassy of Sweden to Uganda, Kampala. The statement shall include the received amount in the received currency as well as the equivalent amount credited in local currency. 5.5. The first payment to Mak shall be deposited into the designated account(s) based on signature of this Agreement followed by a request in writing. 5.6 Subsequent payments to Mak shall be made based on the reporting requirements in Articles 8-9 and Article 13 as well as liquidity needs according to presented and by Sweden approved annual work plans and budgets. A prerequisite for disbursement is that there is a need for funds, that is, expenditure exceeds 70% of all previously disbursed funds. Each disbursement request must include a financial report on the use of all previously disbursed funds. 5.7 Mak affirms that the financing provided by Sweden shall be used exclusively to cover expenditures allocated for the Program as detailed in the Program Document (Annex A) and associated Program Budgets (Annex B, H, I) dated August 24, 2015, and further detailed in the by Sweden approved annual work plans and budgets for the respective program years. Article 6 Financial management Mak shall ensure that administration and internal control of project resources are adequately carried out. Mak shall maintain an appropriate financial management system for the Program in accordance with national legislation and The Standard Operating Procedures for Mak-Sweden Bilateral Research Collaboration Program 2015-2020, and any revision of these during the activity period (Article 21). Article 7 Procurement Mak shall be responsible for all procurements under the Program in accordance with its applicable procurement rules, guidelines and procedures as expressed in the Mak Procurement and Disposal Manual for Supplies, Works and Services (Nov. 2014), and any revisions of it during the Agreement period. At the request of either of the Parties, consultations shall be held on any matter relating to procurement within the Program; Sweden may carry out checks on procurement within the Program, in the form of a procurement audit. In such cases, Mak shall provide Sweden with all necessary documentation and information. The parties may agree that, as part of the Swedish contribution, Sweden shall provide a procurement expert to support competence development at Mak. Article 8 Financial reporting 8.1 Mak shall prepare and furnish to Sweden semi-annual financial statements no later than 1 February and 15 September each year, as well as annual financial reports no later than 15 September each year. The financial statements and reports shall be signed by the Vice- Chancellor of Mak or his/her designated representative and cover all Program receipts and expenditures. 7
The financial statement shall show funding from Sweden, in form and detail that permit identification of disbursements on agreed Program document, project work plans including budgets which enable comparison of the expenditure with actual plans and budgets. 8.2 The semi-annual financial statements and annual financial reports shall include information on the received amount, both in the currency of transfer and the amount in the local currency, exchange rate and information on the date when the amount has been credited. Exchange rate gains and/or losses shall be disclosed. The annual financial report shall also include information on the total spending, broken down in accordance with the agreed budget headings, per reporting period as well as cumulated amounts for the entire Program period. 8.3. Any interest that Swedish funds may yield shall be separately accounted for in the financial reporting and may only be utilized within the Program after written approval by Sweden. Article 9 Narrative reporting 9.1 Mak will furnish to Sweden in writing a narrative report annually as per agreed template. The narrative report shall contain an analysis of progress of the Program activities and expected results, following the structure of the Program document (Annex A), the results based management log frames, and as further elaborated in the approved annual work plans. Financial and performance indicators shall be connected in Activity Plans, and Results Based Management indicators (Annex D) shall be reported against in annual narrative reports. The report will cover the period from 1 July to 30 June each program year. A draft will be delivered to Sweden before the 15 September of the next program year, and the final version presented to Sweden before 31 October each program year. The annual report shall contain an account on a cumulative basis covering the entire Program period, of activities achieved during the period of reporting, achieved outputs compared to planned outputs, achieved outcome objective(s) compared to planned outcome objective(s) (or progress towards achieving the outcome objective(s) and an assessment of the likelihood of achieving the planned outcome objectives, an assessment of risk factors that may affect the achievement of the objectives, and an assessment of possible adjustments in the Program implementation, including risk management. 9.2 Mak will furnish to Sweden in writing a final Program Completion Report by 1 May 2020 at the latest. The Final Report shall contain an account on a cumulative basis covering the entire activity period, of 8
achieved outputs compared to planned outputs, achieved outcome objective(s) compared to planned outcome objective(s), an assessment of factors that have affected the achievement of the objectives, lessons learned from the Program implementation, and an assessment of possible needs for adjustments in a potential new phase of the Program, including risk mitigating actions. 9.3 Mak shall provide Sweden with all such information relevant to the implementation of the Program as may be requested by Sweden. Article 10 Consultations 10.1 The Parties shall cooperate and regularly communicate with each other on all matters relevant to the implementation of the Program and this Specific Agreement. 10.2 The Parties shall meet every year, to discuss the planning, implementation and progress of the Program in the statutory annual planning and review meetings. The Directorate of Research and Graduate Training (DRGT), the program coordination office at Mak, shall call all meetings. Participation in the meetings is further outlined in the Standard Operating Procedures for Mak- Sweden Bilateral Research Collaboration Program 2015-2020 (Annex E). The meetings shall be divided as follows: The Annual Planning Meeting (APM), called for no later than 1 February each year, and held by 30 April at the latest. The Annual Review Meeting (ARM), called for no later than 1 September each year, and held by 31 October at the latest. 10.3 The following information required for the Annual Planning Meeting (APM) shall be furnished and distributed by Mak to Sweden 6 (six) weeks prior to each meeting: Draft Annual Activity Plans and Budgets for the forthcoming year, including an overall summery of the Budgets, as per agreed upon templates. A summary of suggested changes in the draft Annual Activity Plans, compared to previous plans, as per project, included in the Program (see Annex A). A summary of suggested budget re-allocations. 9
An annual Procurement Plan for the forthcoming year. An annual Equipment Maintenance Plan for the forthcoming year. A summary of revised Results Based Management Log Frames (RBMs) at subprogram and overall program level. A summary of the Mak partnership with four Ugandan Public Partner Universities in the Program (Annex C), in term of achieved results, suggested changes, compared to previous plans and relevance to the program. Any reviews, audits or evaluations conducted by Mak other institutions/funders/partners of relevance to the Program in terms of finding synergies, avoiding financial or program overlap, and the general implementation of the Program. Information about any legal or other significant changes in the context of Uganda of relevance to the implementation of the Program. The following information required for the Annual Review Meeting (ARM) shall be furnished and distributed by Mak to Sweden 6 (six) weeks prior to the meeting: Reports and documents as set out in article 9 of this Specific Agreement, as per agreed templates. Reports and documents pertaining to the Public Partner Universities in Uganda as relevant to the Program. Any reviews, audits or evaluations (including management responses and followups) conducted by other institutions/funders/partners of Mak of relevance to the Program in terms of finding synergies, avoiding financial or program overlap, and the general implementation of the Program. Any legal or other significant changes in the context of Uganda of relevance to the implementation of the Program. The Mak-Sweden Steering Committee, consisting of key stakeholders of the program, offers oversight and advice on the Program. The Steering Committee is governed by a Terms of Reference. This ToR is part of the Standard Operating Procedures for Mak-Sweden Bilateral Research Collaboration Program 2015-2020 (See Article 6 and Annex E). 10
10.4 Key subjects to be discussed during the annual consultations include, but is not limited to, assessment/review of performance related to the Results Based Management Log Frames (RBMs) at overall Program and sub-program levels; review of activity plans and budgets for forthcoming program years; alignment of the Program to the Mak Strategic Plan (2008-2019); expenditure priorities; follow-up on the program Public Partner University partnership; followup on audits/reviews/evaluations. 10.5 The outcome of the meetings shall be recorded in Agreed Minutes, signed by the authorised representative(s) of both Parties. The Agreed Minutes shall be drafted by the Program Coordination Office (DRGT) at Mak and a draft shall be sent to Sweden, for its comments, within one week after the meeting. Sweden shall inform Mak of its comments within three days of receipt of the draft. Mak is responsible for the circulation of the signed Agreed Minutes to all collaboration partners (as of Annex C), including the Program Steering Committee. 10.6 Additional consultation meetings may be requested by Mak/Public Partner Universities and/or Sweden on any subject relevant to the implementation of the Program. 10.7 Mak shall immediately inform Sweden of any circumstance which may interfere or threaten to interfere with the successful implementation of the Program and, with a view to resolving the issue, shall call for a meeting to inform or consult with Sweden on what corrective action, if any, should be taken. Article 11 Monitoring 11.1 Mak is responsible for monitoring progress and performance of the Program and the achievement of its expected outputs and outcomes measured by the Results Based Management Log Frames (RBM), as per Sida s Handbook on RBM for Research Cooperation (Annex G), or any revision of this handbook during this Specific Agreement. 11.2 Sida will monitor the compliance and performance by Mak as stated in this Agreement. Progress will be measured through the agreed performance indicators as described in the Results Based Management Log Frames (RBMs) and other for this Program relevant information. 11.3 Mak shall define and implement a structured and reoccurring process for assessing, managing and monitoring program risks. This defined process shall be included in the Agreed Minutes at the first annual meeting of the Program in April 2016. 11.4 The process of reviewing the progress of implementation of the Program will be aligned with Mak s and Ugandan public partner universities (Annex C) review process. Mak and Sweden will maintain a close dialogue regarding the support and the implementation of the Program. 11.5 Before the first Program Annual Planning Meeting in April 2016, Mak shall, together with Ugandan partner universities (Annex C), develop Guidelines describing how the partnership is governed, appraised, monitored and evaluated. Mak and Ugandan partner universities shall sign MoU: s defining under this program: what training and capacity building Mak shall provide and to whom; describe forms of financial support granted by Mak to the Ugandan partner 11
universities; and list the stakeholders in Ugandan partner universities eligible to participate. The Guidelines and the MoU: s shall be included in the Agreed Minutes at the first annual meeting of the Program in 2016. The Guidelines and MoU:s shall be reviewed and if necessary, updated, at designated annual monitoring and review meetings. These meetings shall be documented in Agreed Minutes. Art 12 Evaluation 12.1 If Sweden carries out an (interim or ex post) evaluation or a monitoring mission, Mak and Public Partner Universities shall undertake to provide any document or information, visits of program locations and inspect property, goods and records which will assist with the evaluation or monitoring mission, and grant the access rights described in Article 13.4. 12.2 If either Party carries out or commissions an evaluation in the course of the Project, it must provide the other Party with a copy of the evaluation report. 12.3 Mak shall undertake an internal Mid-Term Review (MTR) of the program in the last quarter of 2017, including an assessment of academic quality and management of local PhD training, an assessment of academic quality and management of cross-cutting courses; the program funding pertaining to the Mak Administrative Reform; the program partnership with Ugandan regional universities based on the Guidelines developed (Article 11.5); and an Exit Strategy foreseeing the phasing out of Swedish funding to research collaboration. An external program evaluation shall be conducted in 2019. In addition, an external evaluation of academic quality and management of the local PhD training at Mak, including the academic quality and management of cross-cutting courses, shall be conducted in 2019. The costs for the external evaluations shall be borne by Sweden. Article 13 Audit 13.1 Mak shall share with Sweden the audits of the University carried out by the Auditor General of Uganda, as well as any action plans to address potential qualifications in these. 13.2 External audit of the Program shall be carried out by an external independent and qualified auditor annually. The audit shall be carried out in accordance with international standards issued by the International Organisation of Supreme Audit Institutions (INTOSAI) or the International Federation of Accountants (IFAC) or in accordance with comparable national standards. If requested by Sweden the audit shall also cover the progress report of the Program. Sida s standard Terms of Reference for financial audit shall be used as reference (Annex F) and the final Terms of Reference shall be approved by Sweden. Mak shall submit to Sweden a copy of the Audit report and the management letter as presented by the Auditor General of Uganda. 13.3 Mak shall furnish Sweden with the audited financial statements for the Program no later than 14 days before the planned date of the Annual Review Meeting (ARM) specified in Article 10 above and in any case not later than six months after the end of the program year covered by such report. 12
If the audit contains any remarks or recommendations, Mak shall furnish Sweden within three weeks, with a Management Response including an Action plan. The Action Plan will be reported on in writing every 6 months. 13.4 Sweden may at any time commission or request any additional audits (such as procurement or forensic audits), follow-ups or financial studies. Mak/Ugandan partner universities (Annex C) shall co-operate with and assist Sweden in any such audits. Costs for the additional audits other than the audits performed by the Auditor General of Uganda will be financed by Sweden. Article 14 Corruption 14.1 The Parties will cooperate on preventing fraud and corruption in connection with the Program, and shall require that the staff involved in, and consultants/suppliers/contractors financed under the Program refrain from offering third parties, or seeking, accepting or being promised by third parties, for themselves or for any other party, any gift, remuneration, compensation or benefit of any kind whatsoever, which could be interpreted as an illegal or corrupt practice. 14.2 The Parties shall promptly inform each other of any instances or suspicions of fraud and corruption as referred to in this article and of the measures taken as referred to in the following subparagraph. 14.3 The Parties shall take swift action to stop, initiate investigations and if relevant take actions in order to initiate prosecution against and/or apply sanction in accordance with applicable laws and policies towards any person suspected of misuse of resources, fraud or corruption in connection with the Program. 14.4 Sweden may suspend funds or terminate agreements with an immediate effect as regulated in the agreement with the respective partner as of above mentioned. If this is the case the Government will be informed and when termination, also this Agreement will be terminated with an immediate effect. Article 15 Ethical Approval 15.1 The national rules and regulations concerning ethical approval of research in Uganda, as well as the existing policies and procedure at Mak for ethical approval of research, shall apply for the Program. For Ugandan Public Partner Universities, national rules and regulations concerning ethical approval of research in Uganda, as well as existing policies and procedures at these universities (Annex C) shall apply. Article 16 Patents and know-how 16.1 As regards patents and know-how, Mak and the Swedish collaborating academic institutions as well as researchers participating in the Program shall have access to all results and know-how obtained within the Program. Each party that has participated in the cooperation shall have the right to the patent in their own name and at their own expense, according to the national legislation that respective party is subjected to. 13
The registration fees for the patent shall be divided equally between the participating institutions. The participating institutions shall mutually agree whether or not the patent is to be registered in a third country. 16.2 Should one participating institution choose not to exercise its right to apply for a patent, the other institution(s) are to be given the option to do so in their own name and at their own expenses. 16.3 The participating institutions shall have the right to equal shares of the revenue derived from granting of user licences to third parties if the patent is registered by mutual Agreement. The granting of user licences and patent(s) shall be determined in each case by mutual Agreement between the participating institutions, provided the participating institutions agree in delegating such a task to one party. Article 17 Visibility and information 17.1 Research results shall be freely published and distributed. Due credit and recognition shall be given to Sida (if published by a Swedish partner) or Sweden (if published by non-swedish partner) and to Mak. Sida or Sweden cannot be used in any way that can be perceived as if Sida or Sweden has participated in the production or support any opinions presented. 17.2 When referring to activities, fully or partly financed in accordance with this Agreement, Mak shall always recognize that the activities are financed through Swedish development aid. The Sweden logotype shall be used in the production of publications, information materials and in connection with information activities in Uganda; the Sida logotype shall be used for publications (including Ph.D. dissertations), information materials and in connection with information activities held in Sweden. The production of information materials is fully the responsibility of the Program and the liability of the contents lies with the publisher. Sida or Sweden cannot be used in any way that can be perceived as if Sida or Sweden has participated in the production or support any opinions presented. 17.3 Sida and other departments of the Swedish administration abroad shall have the right to copies and to distribute in a suitable form any reports and studies that have been submitted by Mak to Sweden as part of the reporting. Article 18 Repayment 18.1 Sweden shall establish the final amount of the contribution to Mak up to a maximum as of article 5.2, upon receipt and approval of the final report(s) (narrative/financial) and audited accounts of the Program. Funds which have been placed at the Mak s disposal and which remain after completion of the Program, including accrued interest, shall be returned to Sweden within 60 days after the approval of the financial audit. 18.2 Sweden will inform Mak of the amount to be repaid to Sweden as well as the preferred currency and bank details. 14
Article 19 Remedies 19.1 In the event of non-compliance by Mak with the provisions of this Specific Agreement Sweden reserve the right to exercise the following remedies including withholding further disbursements and/or reduction of new disbursements, seeking refund of disbursed funds or termination of its support to the Program. 19.2 In case of breach of the Agreement, Sweden may terminate the Agreement with two months notice. 19.3 In case of serious breach of the Agreement, Sweden may terminate the Agreement with immediate effect. 19.4 In cases of termination by Sweden the termination shall not apply to funds irrevocably committed in good faith by Mak to third parties before the date of the notice of termination, provided that the commitments were made in accordance with this Agreement. 19.5 Any termination shall be done by written notice of termination. Article 20 Termination This Agreement shall remain valid until 31 December 2020 unless terminated earlier by six months' written notice by either Party. In case of termination by Mak, no funds shall be made available for activities after six months of the written notice. All rights and obligations of the Parties pursuant to this Agreement shall continue unimpaired until the return of the remaining funds/fund balance to Sweden and fulfilment of the reporting requirements of this Agreement, at which time this Agreement expires. Article 21 Entry into force This Agreement shall enter into force upon signature of both Parties with an activity period for the Program from Agreement signature until 30 June 2020. The validity period of the agreement, which is until 31 December 2020, is longer than the activity period since it has to cover time for payments of activities during the specified activity period, final reports, audit and repayments. This Specific Agreement has been signed in the English in three original documents, one for Mak and two for Sweden. 15
Kampala 3 /11 2015 Kampala 3 /11 2015 Place and date Place and date Sweden, represented by the Makerere University Embassy of Sweden to Uganda Kampala Signature Mr. Urban Andersson Ambassador Name and title in block letters Signature Prof. John Ddumba-Ssentamu Vice- Chancellor Name and title in block letters Annex: A. Program Document, incl. 17 project budgets, dated August 24, 2015. B. Program Budget, as aggregated per project budget items, dated August 24, 2015. C. Ugandan and Swedish Universities in the Program D. Overall Results Based Management Log Frame, dated March 19, 2015. E. Standard Operating Procedures for Mak-Sweden Research Collaboration 2015-2020, dated October 20, 2015 F. External Audit ToR Template (Sida) G. Handbook on Results Based Management for Sida Research Cooperation, dated December 2014. H. Program Budget, as aggregated per calendar years, dated August 24, 2015. I. Program Budget, as aggregated per financial years, dated August 24, 2015. 16