Co-operation agreement between
Bielefeld University, represented by its Rector
Paderborn University, represented by its President
Bielefeld University of Applied Sciences, represented by its President
OWL University of Applied Sciences and Arts, represented by its President
and
the University of Music Detmold, represented by its Rector
- hereinafter the “Partners” -
on collaboration between the universities in Ostwestfalen-Lippe. 

Preamble

Over the past few years, the Partners have worked together successfully on various/multiple occasions, both bilaterally and jointly. The joint establishment of the Studienfonds OWL Foundation constituted a significant first step towards a successful collaboration between all five universities.

The universities are focussed on a strategically-aligned inter-university collaboration, as also expressed in § 77, Para. 1-4 of the North Rhine-Westphalia Higher Education Act (HG NRW). The objective of the collaboration is to pool the Partners’ expertise in their respective fields.

In order to further develop this collaboration in the interest of all the Partners, and thereby enhance the visibility of Ostwestfalen-Lippe as a region of science and innovation, the Partners enter into the following Agreement.

§ 1 Campus OWL

The collaboration under this Co-operation Agreement shall be carried out under the name “Campus OWL – Network of the five state universities in Ostwestfalen-Lippe”.

§ 2 Form of collaboration

A close collaboration between the Partners and the expansion of existing co-operations are intended within the relevant legal and contractual scope, in particular in the following areas:

a)    Research and transfer

b)    Teaching, learning and further education and training

c)    Infrastructure/administration

The Partners shall regularly discuss specific issues from the areas above on which they could potentially collaborate, taking into account their respective existing interests. The relevant details may be set out in separate agreements where appropriate.

All projects and measures to be carried out under the name “Campus OWL – Network of the five state universities in Ostwestfalen-Lippe” shall require the approval of all the Partners to the Agreement.

§ 3 Costs

1.      This Agreement shall not give rise to any direct financial or other obligations.

2.      Where a Partner provides services for another Partner, the Partner providing the services in question may request reimbursement of costs from the Partner accepting these services. This shall require a separate agreement in each individual case.

§ 4 Liability

1.      The Partners shall carry out the collaboration in compliance with the relevant statutory provisions, with their customary care and on the basis of the state of the art of science and technology known to them.

2.      Liability shall be mutually limited to intent and gross negligence; liability for consequential and financial damages shall be excluded. This shall not apply to damages resulting from injury to life, body or health.

§ 5 Duration of the Agreement/termination

1.      This Agreement shall be initially concluded for the period from 01/12/2015 to 31/12/2020. It will be automatically renewed annually, unless it is terminated with six months’ notice to the end of the relevant contractual year.

2.      Termination for good cause shall remain unaffected.

3.      If one of the Partners terminates the Agreement, the collaboration between the other Partners on the basis of this Co-operation Agreement shall remain unaffected.

§ 6 Miscellaneous provisions

1.      Rights and obligations under this Agreement may be transferred only with the prior written consent of the other Partners.

2.      Any changes or amendments to this Agreement must be made in writing; this written form requirement can be waived only in writing.

3.      The Partners shall endeavour to resolve any disputes or difficulties arising from the implementation of this Agreement by amicable means, without recourse to the courts. Where an amicable agreement cannot be reached in spite of all efforts, any disputes shall be settled in the competent courts. German substantive and procedural law shall apply.

4.      If any provision of this Agreement is or becomes invalid, this shall not affect the validity of the other provisions of the Agreement or the Agreement as a whole. The Partners shall attempt by mutual consent to agree on a new valid provision with retrospective effect which comes as close as possible to the original intent and purpose of the invalid provision that it is to replace.

Bielefeld, 18 January 2016