MEMORANDUM OF

UNDERSTANDING
BETWEEN

GOVERNMENT OF MALAYSIA
AND
AA ASSOCIATES
(Chartered Accountants: AF001965)
 MEMORANDUM OF UNDERSTANDING
BETWEEN
GOVERNMENT OF MALAYSIA
AND
AA ASSOCIATES

ON COOPERATION IN THE AREAS OF EDUCATION AND TRAINING

This MEMORANDUM OF UNDERSTANDING is made on the ___ day of

__________ 2016

BETWEEN

THE GOVERNMENT OF MALAYSIA which for the purpose of this Memorandum

of Understanding is represented by the Department of Polytechnic Education,
Ministry of Higher Education (“hereinafter referred to as “MOHE”) and having its
address at No 2, Menara 2, Jalan P5/6, Presint 5, 62200 Putrajaya.

AND

AA ASSOCIATES (Chartered Accountants: AF001965) a private firm in Malaysia

under the Companies Act, 1965 and Accountants Act, 1967 and its business address at
No.6, Jalan Melaka Raya 35, Taman Melaka Raya, 75000 Melaka hereby referred as
(“AA ASSOCIATES”).

(Hereinafter referred to singularly as “the Party” and collectively as “the Parties”).

RECOGNISING the need to promote and strengthen the relations between the
Parties; and

DESIRING to promote cooperation in the areas of education and training on the

basis of reciprocity and mutual benefit for both Parties;

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THE PARTIES HAVE DECIDED as follows:

ARTICLE I

OBJECTIVE

The Parties, subject to the terms of this Memorandum of Understanding and the
laws, rules, regulations and national policies in force in Malaysia, agree to have a
joint cooperation in providing training and education services. Towards this end, the
Parties hereby agree to establish an education and training link between them.

ARTICLE II

AREAS OF COOPERATION

Each Party will, subject to the laws, rules, regulations and national policies from
time to time in force governing the subject matter in Malaysia, endeavour to take
necessary steps to encourage and promote cooperation in the following areas:

(a) to plan, develop and conduct Education and Training Programmes

(hereinafter referred to as "programmes") that will benefit both Parties.
The type of programmes, duration, costs and other terms and
conditions with regard to the implementation of such programmes shall
be mutually agreed by the Parties;

(b) to provide expertise and facilities whenever possible to facilitate the

implementations of programmes;

(c) to develop and periodically review the programmes and curriculum

used in the Polytechnics; and

(d) to plan and implement programmes to help develop and upgrade the
skills, knowledge and knowhow of local communities.

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 ARTICLE III

DESIGNATED AUTHORITY

The designated authority responsible for the implementation of this Memorandum

of Understanding on behalf of MOHE shall be Politeknik Melaka, a polytechnic
under the purview of MOHE and having its address at No. 2, Jalan PPM 10, Plaza
Pandan Malim, Balai Panjang 75250 Melaka (hereinafter referred to as “PMK”). and for
the purpose of this Memorandum of Understanding may include all the polytechnics
established under the Education Act 1996 [Act 550].

ARTICLE IV

IMPLEMENTATION

1. The Parties agree that the cooperation under this Memorandum of

Understanding may be carried out in the manner agreed upon by the Parties.

2. The progress and results achieved from the implementation of this

Memorandum of Understanding will be reviewed from time to time. For this purpose
both Parties shall ensure that reports on the implementations and the summary
details will be made available to either Party on request.

ARTICLE V

JOINT WORKING GROUP

1. The Parties shall for the purpose of this Memorandum of Understanding,

establish a Joint Working Group to facilitate the cooperation by overseeing the
smooth implementation of this Memorandum of Understanding.

2. The Joint Working Group shall consider ways and means to promote the
aforesaid objective and to ensure the proper coordination and implementation of its
decision and/ or recommendation.

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3. In order to implement the scope of cooperation, the Joint Working Group shall
be responsible for:

(a) Monitoring the activities and programmes implemented pursuant to this

Memorandum of Understanding; and

(b) Negotiating difficulties and problems arising from the interpretation or

implementing or application of this Memorandum of Understanding
and shall be in accordance to the provisions in Article XII of this
Memorandum of Understanding.

4. The Joint Working Group shall be co-chaired by the Director of Politeknik

Melaka on behalf of the Government of Malaysia and the Managing Director on
behalf of AA ASSOCIATES. The composition of the Joint Working Group shall be
determined by the Parties.

5. The Joint Working Group may meet at least once annually or as the Parties
may otherwise mutually agree to review the implementation of this Memorandum
of Understanding.

ARTICLE VI

FINANCIAL ARRANGEMENTS

1. The cost of the cooperative activities under this Memorandum of

Understanding shall be funded on terms to be mutually agreed upon by the
respective Parties on a case by case basis subject to the availability of funds.

2. Notwithstanding anything in paragraph 1 above, expenses for organizing the

meetings of the Joint Working Group, if any, shall be borne by the Party hosting the
meetings. The Party which is sending its representatives for participation in the
meetings of the Joint Working Group, if any, shall bear their own travel and living
expenses.

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 ARTICLE VII

CONFIDENTIALITY

1. Each Party shall observe the confidentiality and secrecy of documents,

information and other data received from, or supplied to, the other Party during the
period of the implementation of this Memorandum of Understanding or any other
agreements made pursuant to this Memorandum of Understanding.

2. Both Parties agree that that the provisions of this Article shall continue to be
binding between the Parties notwithstanding the termination of this Memorandum
of Understanding.

ARTICLE VIII

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

1. The protection of the intellectual property rights shall be enforced in

conformity with any existing laws, rules and regulations relating to intellectual
property rights.

2. The use of name, logo and/or official emblem of any of the Parties on any
publication, document and/or paper is prohibited without the prior written approval
of either Party.

3. Notwithstanding anything in paragraph 1 above, the intellectual property

rights in respects of any technological development, products and services
development, carried out:

(a) jointly by the Parties or research results obtained through the joint
activity effort of the Parties, shall be jointly owned by the Parties in
accordance with the terms to be mutually agreed upon; and

(b) solely and separately by the Party or the research results obtained
through the sole and separate effort of the Party, shall be solely owned
by the Party concerned.
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4. Either Party may transfer or assign its title or interest in whole or in part, in
the intellectual property rights covered by this Memorandum of Understanding to
the other Party. Such transfer or assignment must be in writing and shall be
effective only upon the written acceptance of the other Party.

ARTICLE IX

SUSPENSION

MOHE reserves the right for reasons of national security, national interest, public
order or public health to suspend temporarily, either in whole or in part, the
implementation of this Memorandum of Understanding which suspension shall take
effect immediately after notification in writing has been given to the address or sent
to the address or facsimile number of the Managing Director of AA ASSOCIATES.

ARTICLE X

NOTICES

1. Notices shall be addressed or sent to the electronic mail address or facsimile

number of the Parties as follows:

(a) to the GOVERNMENT OF MALAYSIA:

Director of Politeknik Melaka

Address : No. 2, Jalan PPM 10

Plaza Pandan Malim
Balai Panjang, 75250 Melaka

Tel. No. : 06-3376195

Fax. No. : 06-3376007

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 (b) to the AA ASSOCIATES:

Address : No.6, Jalan Melaka Raya 35,

Taman Melaka Raya, 75000
Melaka

Tel. No. : 06-2922154

Fax. No. : 06-2863658

ARTICLE XI

REVISION, MODIFICATION AND AMENDMENT

1. Either Party may request in writing a revision, modification or amendment of

all or any part of this Memorandum of Understanding. Any revision, modification or
amendment agreed to by the Parties shall be reduced into writing and shall form
part of this Memorandum of Understanding.

2. Such revision, modification and amendment shall come into force on such
date as may be determined by the Parties. Any revision, modification or amendment
shall not prejudice the rights and obligations arising from or based on this
Memorandum of Understanding prior or up to the date of such revision, modification
or amendment.

ARTICLE XII

SETTLEMENT OF DISPUTES

Any difference or dispute between the Parties arising out of the Interpretation or
Implementation or application of any of the provisions of this Memorandum of
Understanding shall be settled amicably through mutual consultation or negotiation
between the Parties without reference to any third party.

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 ARTICLE XIII

NON-BINDING

This Memorandum of Understanding reflects the Parties’ mutual understanding of

the matters described herein, but each Party acknowledges that neither the
provisions of this Memorandum of Understanding nor any prior or subsequent
course of conduct or dealing between the Parties except as stated otherwise herein
or as otherwise agreed between the Parties, is intended to create or constitute any
legally binding obligation between the Parties.

ARTICLE XIV

NON-LIABILITY

To the fullest extent permitted by law, no Party shall be liable to any other Party to
this Memorandum of Understanding for loss of profits, business interruption, loss
of business information, economic loss or any other indirect, incidental,
consequential or special loss or damage, even if the loss or damage was caused,
or contributed to, by the first mentioned Party’s negligence or breach of this
Memorandum of Understanding.

ARTICLE XV

MISCELLANEOUS

The Parties recognise that it is impracticable to make provisions for every

contingency which may arise in the course of performance of the provisions hereof
and accordingly declare their intention that this Memorandum shall operate
between them with fairness and without detriment to the interest of any Party and
that each Party shall use best endeavour to ensure that full effect is given to the
terms of this Memorandum in the spirit in which it was agreed.

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 ARTICLE XVI

ENTRY INTO FORCE, DURATION AND TERMINATION

1. This Memorandum of Understanding shall come into operation on the date

of its signing and shall remain in force for FIVE (5) years.

2. Notwithstanding anything in this clause, either Party may terminate this

Memorandum of Understanding by notifying the other Party of its intention to
terminate this Memorandum of Understanding by a notice in writing at least three
(3) months prior to its intention to do so.

3. The termination of the Memorandum of Understanding shall not affect the

implementation of ongoing activities and/ or programmes which have been agreed
upon by the Parties prior to the date of the termination of this Memorandum of
Understanding.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by the

Parties, have signed this Memorandum of Understanding.

Done at the____on the day of the ____________ in the year 2016, in two (2)
original texts, both texts being equally authentic.

FOR THE GOVERNMENT FOR AA ASSOCIATES

OF MALAYSIA

…………………………………………….. …………………………………...
DATUK HJ MOHLIS BIN JAAFAR MR. ABD HALIM BIN HUSIN

DIRECTOR GENERAL MANAGING DIRECTOR

DEPARTMENT OF POLYTECHNIC EDUCATION AA ASSOCIATES
MINISTRY OF HIGHER EDUCATION

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