Agreement is entered into between the Trustees of the California
State University on behalf of California State University, FRESNO
STATE, and International Partner University, Foreign Country (“IPU”).
FRESNO STATE and IPU are referred to collectively as the Parties.
STATE and IPU, wishing to establish cooperative relations and develop
academic and cultural interchange through mutual assistance in the
areas of education and research, agree to develop programs and
academic exchanges subject to the following terms and conditions.
purpose of this Agreement is to establish a mutually-beneficial
educational and pedagogical relationship. This Agreement establishes
the formal understanding of the scope of operations between the
Parties, and for the following activities.
Agreement is subject to the availability of funds of either party.
Activities covered by this Agreement include:
exchange of students from each Party for traditional student
exchange of academic personnel for teaching, research, or both;
organization of joint seminars and conferences;
hosting of visiting faculty from the other Party;
exchange of academic program materials;
development of joint research and publications; and
abroad of students between the Parties.
III: GENERAL PROGRAM REQUIREMENTS
means a one-for-one exchange of students from each Party;
Students” means students participating in the exchange implemented
institution” means the Party the student intends to graduate from;
institution” means the Party that has agreed to receive the
exchange students from the Home Institution; and
Abroad or Visiting Student” means non-degree seeking students
participating in a one or two year program at the Host Institution.
attending either Party as Exchange Students, Study Abroad or
Visiting Students shall register and pay the normal tuition fees to
their Home Institution when attending the Host Institution.
programs established under this Agreement shall operate on a
reciprocal, no-tuition basis. Tuition normally charged to students
by their Home Institution shall be paid by students directly to
their Home Institution. The Parties shall ensure that no additional
tuition costs are charged or collected for Exchange Students. Fees
for campus services may be charged to the Visiting Student. U.S.
citizens are not eligible to come to the CSU on a no-tuition basis.
Each Party affirms that its Exchange Students will have the necessary
personal funding resources to meet fully their financial obligations
as students. Each Party affirms that its participating students shall
have health and accident insurance coverage to include costs of
emergency evacuation and repatriation.
The Host Institution will facilitate the arrangement of lodging for
Exchange Students and faculty, but all expenses incurred for travel,
lodging, and other incidental costs associated with the program
(laboratory fees, special activity fees, etc.) shall be borne by each
individual participant. Arrangements for other Party-to-Party
payments may be negotiated as necessary and must be agreed to in
writing by both Parties.
Conduct and Academic Policy.
While at the Host Institution, Exchange Students are subject to the
student conduct and academic policies of the Host Institution for
matters specifically related to their program. All Exchange Students
shall adhere to all course load requirements for student visas under
federal and state laws. Both Parties retain sole discretion to
dismiss a student from the program at any time for failure to
maintain appropriate standards of conduct according to the Host
Institution’s policies and standards. Students so dismissed shall
be deregistered from all classes, all tuition and fees shall be
forfeited in accordance with the Host Institution’s policy, and the
student so dismissed shall be expelled from student housing and
escorted to the airport by a designated official. Neither Party is
responsible for any fees due to the airline, which must be paid by
the student or shall be charged to the Home Institution if the
student does not have the necessary funds. Notice of such dismissal
shall be sent to the Dean of Students, or equivalent office, at the
student’s Home Institution.
6. The Parties shall consult and establish the number of students to
be exchanged as full-time, non-degree students under the provisions
of this Agreement by April 1 of each year.
7. The Parties retain at all times the ultimate authority over all
admission and subsequent academic decisions respective to each. All
Exchange Students from IPU must have the appropriate level of TOEFL
(or alternative IELTS or MELAB) and other test scores required for
their respective degree program. If it is determined that a student
does not have a sufficient level of English proficiency, he/she will
be required to undertake appropriate ESL education prior to formal
admission to the program. Exemptions may apply for students primarily
educated in English speaking countries or territories.
IV: TERM AND TERMINATION
Agreement shall be effective upon its mutual signing and remain in
effect for a period of five years, and may be amended or extended
upon written agreement by both Parties. This Agreement may be
cancelled by either Party in writing with 90 calendar days’ notice.
In the event that the Agreement is not renewed or is terminated in
any other way, any related activities in progress shall continue
until the current
in which the termination takes place is completed.
1. IPU shall defend, indemnify and hold harmless California State
University and FRESNO STATE, and each of their trustees, officers,
employees, agents and volunteers from and against any and all
liability, loss, expense, or claims for injury or damages arising out
of, resulting from, or in connection with the performance of this
Agreement, but only in proportion to and to the extent such
liability, loss, expense, or claims for injury or damages are caused
by or result from the negligence or intentional acts or omissions of
IPU, its officers, subcontractors, assignees, appointees, agents, or
2: California State University and FRESNO STATE shall defend,
indemnify and hold harmless IPU and its trustees, officers,
employees, subcontractors, appointees, agents and volunteers from and
against any and all liability, loss, expense, or claims for injury or
damages arising out of, resulting from, or in connection with the
performance of this Agreement, but only in proportion to and to the
extent such liability, loss, expense, or claims for injury or damages
are caused by or result from the negligence or intentional acts or
omissions of FRESNO STATE, its officers, agents, or employees.
VI: REPRESENTATIONS AND WARRANTIES
1. FRESNO STATE represents and warrants that it is the State of
California, acting in its higher education capacity, and has the
legal capacity to enter into this Agreement.
2. IPU represents and warrants that it (1) is an educational entity
in good standing in the country of [foreign country] and has the
legal authority to enter into this Agreement; and (2) has obtained
all necessary approvals and rights required by applicable laws, rules
and regulations necessary to enter into, and perform under, this
Nothing herein shall be construed to create an agency relationship
between the Parties, or any employment relationships between the
Parties for any faculty or staff member provided under the exchange
program. The Parties are independent contractors and no legal
relationship is intended by this Agreement.
The Parties will comply with all applicable laws and regulations in
their respective countries in performing their obligations hereunder.
The Parties certify that they have not given any incentive benefit
directly or indirectly (monetary or in kind) to any employee of
FRESNO STATE, for the purpose of obtaining, or in connection with,
this or any other agreement.
of Logos, etc.
Neither the Home nor the Host Institution shall use any identifying
marks of the other without the express written permission of the
The English version of this Agreement shall be the authoritative
version of the Agreement for all purposes. In the event of a
conflict between the English version and any translation of this
Agreement, the English version shall control.
If any section or provision of this Agreement is held illegal,
unenforceable or in conflict with any law by a court of competent
jurisdiction, such section or provision shall be deemed severed and
the validity of the remainder of this Agreement shall not be affected
Agreement and Amendments.
This Agreement contains the entire agreement between the Parties and
shall not be modified, amended or supplemented, or any rights herein
waived, unless such amendment or modification to this Agreement is
(i) in writing; (ii) refers to this Agreement; and (iii) executed by
an authorized representative of each Party. This Agreement supersedes
any and all previous agreements, whether written or oral, between the
Neither Party shall be liable for any delays in the performance of
any of its obligations hereunder due to causes beyond its reasonable
control, including but not limited to fire, strike, war, riots, acts
of any civil or military authority, acts of God, judicial action,
unavailability or shortages of labor, materials or equipment,
impaction or enrollment restrictions ordered by the California State
University, or failure or delay in delivery by suppliers or delays in
This Agreement shall be construed in accordance with and governed by
the laws of the State of California. The Parties agree that all
actions or proceedings arising in connection with this Agreement
shall be tried and litigated exclusively in the state and federal
courts located in the County of FRESNO, State of California. The
aforementioned choice of venue is intended by the Parties to be
mandatory and not permissive in nature, thereby precluding the
possibility of litigation between the Parties with respect to or
arising out of this Agreement in any jurisdiction other than that
specified in this paragraph. Each Party hereby waives any right it
may have to assert the doctrine of forum non
or similar doctrine or to object to venue or jurisdiction with
respect to any proceeding brought in accordance with this paragraph,
and stipulates that the state and federal courts located in the
County of FRESNO, State of California shall have in
jurisdiction and venue over each of them for the purpose of
litigating any dispute, controversy, or proceeding arising out of or
related to this Agreement. Any final judgment rendered against a
Party in any action or proceeding shall be conclusive as to the
subject of such final judgment and may be enforced in other
jurisdictions in any manner provided by law.
CSU and IPU shall keep confidential at all times any and all
information and personal data received from the other relating to
teaching strategy, students, employees and tutors, and their
performance and progress. Unless compelled by law, no personal data
received from the other party will be divulged to any third party
without the prior written approval of the individual to whom such
personal data relates. The CSU is, and IPU may be subject to various
privacy, freedom of information and public records laws, and CSU and
IPU agree that they will co-operate and provide all necessary
assistance within the legal limits of each country in order to comply
with these legal obligations.
appropriate insurance provision(s) is/are to be inserted by the
campus risk manager after consultation with Systemwide Risk
All notices under this Agreement must be in writing and sent by
prepaid airmail and electronic mail as follows:
D. Statham, M.B.A.
of Administration and Global Operations
of Continuing and Global Education
North Maple Avenue, M/S ED76
TO BE LEGALLY BOUND,
by signing below, each Party acknowledges its agreement with the
terms and conditions of this Agreement and each signatory represents
and warrants that he/she is authorized to sign on behalf of and to
bind his/her Party to all of the terms and conditions of this
State University, FRESNO STATE
John D. Welty, President