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Agreement between the National Aeronautics and Space Administration (NASA) of the United States of America and the Instituto Geofisico del Peru (IGP) for cooperation in the Aerosol Robotic Network (AERONET) program

ARTICLE I : SCOPE AND OBJECTIVES There is a growing need for a more-detailed understanding of global atmospheric change phenomena with a particular focus on the assessment of air quality. In part, measurements of the atmosphere are made by space-based remote sensing satellites. Adjunct measurement techniques are employed for atmospheric correction of short-wave satellite remote sensing and for ground-based validation of satellite-based aerosol retrievals in support of space missions, such as NASA’s Earth Observing System (EOS). To attain certain measurement objectives, sun photometers are used to measure vital aerosol optical properties and water vapor. It is in this area of scientific activity that NASA is establishing a global network of sun photometers in cooperation with partner agencies and/or institutions of other countries. In this cooperation, NASA and IGP will establish one or more sun photometer stations at mutually agreed sites in Peru. The inclusion of these stations within the global AERONET program will significantly improve the understanding of the properties and concentration of aerosols and their relationship to aerosols on global and regional scales. Another objective of this cooperation is to encourage U.S. and Peruvian scientists to develop research programs based on Peru’s network data along with aerosol data available from the global AERONET database located at NASA’s Goddard Space Flight Center (GSFC) in Greenbelt, Maryland, USA.

ARTICLE 2: RESPONSIBILITIES Under this Agreement, NASA will use reasonable efforts to: 1. Provide one or more sun photometer systems andor associated equipment to IGP on a long-term loan basis for continuous operation at mutually-agreed sites; 2. Provide technical installation support, major maintenance, training, and spare parts for the NASA sun photometer systems hardware and software; 3. Provide automated data retrieval of all processed sun photometer data for all participants in the AERONET program via an open global data bank accessible through the internet at: http://aeronet.gsfc.nasa.gov:8080/; 4. Provide, upon mutual agreement, upgrade of publicly available AERONET analysis software for IGP servers, the database browser developed by NASA, and any software to be used in the operation of the stations; 5. Encouraee scientific collaboration between U.S. and Peruvian scientists in the area of sun aerosol research, and related sciences;

6 . Coordinate with investigators globally for a cooperative program of continuous sun photometer systems measurements for the determination of global aerosol properties and concentration; and 7. Assist in integration of ground-based aerosol concentrations and properties for EOS-era validation of satellite aerosol retrievals as a part of the international federated sun photometer network, AERONET, by making available NASA and/or NASA-contractor personnel for mutually-agreed time periods. Under this Agreement, TGP will use reasonable efforts to: 1. Provide utilities (electricity and communications), security, and housing for the station(s) at mutually-agreed location(s); 2. Provide personnel necessary for the installation, full-time operation and nominal maintenance of the station(s); 3. Use the equipment only as intended under this Agreement and make no modifications to NASA-provided equipment unless approved in writing or requested in writing by NASA; 4. Encourage scientific collaboration between U.S. and Peruvian scientists in the area of sun photometry, aerosol research, and related sciences; 5. Return the loaned equipment to NASA, at NASA’s expense, on a six-month rotation for maintenance and calibration, and at the end of this cooperation return the loaned equipment in as good a condition as received, except for normal equipment use and aging; and 6. Cooperate with investigators globally in the federated AERONET program for groundbased sun photometer observations of aerosol concentrations and properties.

ARTICLE 3: POINTS-OF-CONTACT The points-of-contact responsible for the coordination and execution of this Agreement are: For NASA: Dr. Hal Maring Radiation Sciences Program Manager NASA Headquarters Washington DC, 20546-0001 USA Phone: (202) 358-1679 Fax: (202) 358-2770 Email : ha1.maringanasa.gov

Mr. Brent Holben AERONET Project Manager NASNGoddard Space Flight CenterKode 6 14.4 Greenbelt, MD 20771 USA Phone: (301) 614-6658 Fax: (301) 614-6695 E-mai 1: brent @aeronet.gsfc .nasa.gov For IGP: Dr. Pablo Lagos Instituto Geofisico del Peru (IGP) Calle Badajoz #169 - Mayaorazgo 4ta Etapa Lima 3 Peru Phone: 5 1- 1-317-2326 Fax: 51-1-327-2327 E-mail: [email protected]

ARTICLE 4: FINANCIAL ARRANGEMENTS The Parties will each bear the costs of discharging their respective responsibilities, including travel and subsistence of their own personnel and transportation of all equipment for which each is responsible. Activities under this Agreement will be conducted on a no-exchange-offunds basis. Further, it is understood that the ability of the Parties to carry out their respective responsibilities is subject to their respective funding limitations and the availability of appropriated funds.

ARTICLE 5: PUBLICATION The Parties will make data resulting from this cooperative project available as soon as practicable and in any event within no more than three months of acquisition, and without any period of exclusive access for any user group. The data sets will be archived in and made available to the international scientific community through the AERONET database maintained at NASA’s GSFC. Release of public information regarding this project may be made by each Party for its own portion of the program as desired and, in so far as participation of the other is involved, after suitable consultation. Results of the investigations will be made available to the scientific community in general through publications in appropriate journals or other established channels. In the event such reports or publications are copyrighted, the Parties shall have a royalty-free right under the copyright to reproduce, use and distribute such copyrighted work for their own purpose. c,,,Publications, including those of third parties, using the published data should acknowledge e of the data.

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ARTICLE 6: INVENTION AND PATENT RIGHTS Nothing in this Agreement shall be construed as granting or implying any rights to, or interest in, patents or inventions of the Parties or their contractors or subcontractors.

ARTICLE 7: TRANSFER OF GOODS AND TECHNICAL DATA The Parties are obligated to transfer only those technical data (including software) and goods necessary to fulfill their respective responsibilities under this Agreement, in accordance with the following provisions, notwithstanding any other provision of this Agreement: 1.

All activities of the Parties will be carried out in accordance with their national laws and regulations, including those pertaining to export control and the control of classified information.

2.

The transfer of technical data for the purpose of discharging the Partiss’ responsibilities with regard to interface, integration, and safety shall normally be made without restriction, except as provided in paragraph 1 above.

3.

All transfers of goods and proprietary or export-controlled technical data are subject to the following provisions. In the event a Party or its related entity (e.g.; contractor, subcontractor, grantee, cooperating entity) finds it necessary to transfer goods or to transfer proprietary or export-controlled technical data, for which protection is to be maintained, such goods shall be specifically identified, and such proprietary or exportcontrolled technical data shall be marked. The identification for goods and the marking on proprietary or export-controlled technical data will indicate that the goods and proprietary or export-controlled technical data shall be used by the receiving Party or related entities only for the purposes of fulfilling the receiving Party’s or related entity’s responsibilities under this Agreement, and that the identified goods and marked proprietary technical data or marked export-controlled technical data shall not be disclosed or retransferred to any other entity without the prior written permission of the hmishing Party or its related entity. The receiving Party or related entity shall abide by the terms of the notice and protect any such identified goods and marked proprietary technical data or marked export-controlled technical data from unauthorized use and disclosure. The Parties to this Agreement will cause their related entities to be bound by the provisions of this Article related to use, disclosure, and retransfer of goods and marked technical data through contractual mechanisms or equivalent measures.

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All goods exchanged in the performance of this Agreement shall be used by the receiving Party or related entity exclusively for the purposes of this Agreement. Upon completion of the activities under this Agreement, the receiving Party or related entity shall return or, at the request of the furnishing Party or its related entity, otherwise dispose of all goods and marked proprietary technical data or marked export-controlled data provided under this Agreement, as directed by the furnishing Party or elated entity.

ARTICLE 8: CUSTOMS AND ENTRY PROCEDURES The Parties will facilitate duty-free entry of equipment required for this project and provide for entry of equipment, hardware and software free of customs import taxes, subject to its country’s import and export regulations. Such arrangements shall be fully reciprocal. If a Party is unable to facilitate free customs clearance, the Party whose government seeks to impose such customs duties or taxes shall pay any such assessments. Also, subject to its country’s laws and regulations, each of the Parties will make reasonable efforts to facilitate provision of the appropriate entry documentation for the other Party’s nationals who enter or exit its territory in order to carry out activities under this Agreement.

ARTICLE 9: OWNERSHIP OF EQUIPMENT Equipment provided by NASA pursuant to this Agreement shall remain the property of NASA. Equipment provided by IGP pursuant to this Agreement shall remain the property of IGP. All equipment exchanged under this Agreement is provided as-is with no warranty as to fitness or use for a particular purpose.

ARTICLE 10: CONSULTATIONS/SETTLEMENT OF DISPUTES The Parties shall consult promptly with each other on all issues involving interpretation or implementation of this Agreement. Any matter that has not been settled in accordance with the above paragraph shall be referred to the point of contact for NASA and IGP identified in this Agreement. These points of contacts will attempt to resolve all issues arising from the implementation of this Agreement. If they are unable to come to agreement on any issue, then the dispute will be referred to the Agreement signatories, or their designated representatives for joint resolution. If the Parties are unable to resolve the dispute, the NASA signatory will issue a final written decision on behalf of NASA.

ARTICLE 11 :LIABILITY Neither party shall make any claim against the other, its employees, a related entity of the other (e.g., contractors, subcontractors, investigators, other participating entities), or employees of the other’s related entities for injury to or death of its own employees or employees of its related entities, or for damage of any kind to or loss of its own property or that of its related entities arising out of activities under this Agreement whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct. In addition, each party shall extend the cross-waiver of liability as set forth above to its own related entities by requiring them, by contract or otherwise, to agree to e all claims against the entities or persons identified above.

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ARTICLE 12: INDEMNIFICATION

In addition, IGP agrees to indemnify and hold the US.Government and its contractors and subcontractors harmless from any third party claim, judgment, or cost arising from the injury to or death of any person, or for damage to or loss of any property arising as a result of its use of NASA equipment provided for activities expressly or implicitly covered under this Agreement. ARTICLE 13: GOVERNING LAW The Parties hereby designate the U.S. Federal Law to govern this Agreement for all purposes, including, but not limited to, determining the validity of the Agreement, the meaning of its provisions, and the rights, obligations and remedies of the Parties.

ARTICLE 14: ENTRY INTO FORCE, DURATION, AMENDMENT AND TERMINATION This Agreement will enter into force upon the date of the last signature, and will remain in effect for a period of 10 years. This Agreement may be renewed or amended by mutual written agreement of the Parties, or it may be tenninated by one Party providing written notice of its intention to the other Party at least six months before the desired termination date. For NASA:

For IGP:

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Director Science Division Office of External Relations

Dr. Ronald F. Woodman Pollit Executive President Instituto Geofisico del Peru (IGP)