KIC InnoEnergy MSc Program: Energy for Smart Cities
AKD:#6850311v3 2 Agreement regarding enrolment in the KIC InnoEnergy Master in Energy for Smart Cities
BETWEEN:
I. KU Leuven, a member of the consortium for the KIC InnoEnergy MSc program Energy for Smart Cities, having its registered office in Leuven at Oude Markt 13, 3000 Leuven (Belgium), in this matter duly represented by Prof. Johan Driesen (hereinafter referred to as the Coordinating Institution);
and
II. .(NAME), born in (country), on (date), with official residence at (city), ..(country), holder of a .... passport with number ., hereinafter referred to as the Student);
The Coordinating Institution and the Student will hereinafter jointly be referred to as the Parties and each of them individually as Party.
WHEREAS:
A. The following four partner institutions (each individually referred to as a Partner Institution and all Partner Institutions collectively hereinafter also referred to as the "Consortium"), have developed the KIC InnoEnergy master of science (MSc) program in Smart Cities (the KIC InnoEnergy MSc Program Smart Cities):
KU Leuven in Belgium, Coordinating Institution; KTH Royal Institute of Technology in Sweden; INP Grenoble in France; Technical University of Catalonia - UPC in Spain;
B. Each Partner Institution has appointed a coordinator in respect of the KIC InnoEnergy Program Smart Cities, which currently are the following individuals (collectively the "Program Coordinators" and each individually a Program Coordinator):
KU Leuven: Prof. Johan Driesen (Johan.Driesen@esat.kuleuven.be); KTH: Olga Kordas (olga@kth.se); Grenoble INP: Raphael Caire (raphael.caire@g2elab.grenoble-inp.fr); UPC: Andreas Sumper (andreas.sumper@upc.edu);
C. The Program Coordinators jointly form the steering committee of the Consortium (the Steering Committee);
D. The coordinator of the Consortium is Prof. Johan Driesen (Consortium Coordinator);
E. The program director of the KIC InnoEnergy MSc Program Smart Cities is Prof. Johan Driesen (Program Director);
AKD:#6850311v3 3 F. The Student wishes to enrol in the KIC InnoEnergy MSc Program Smart Cities and on behalf of the Consortium, the Student is hereby given permission to enrol in the KIC InnoEnergy MSc Program Energy for Smart Cities.
G. The Student shall receive a KIC InnoEnergy Scholarship (the "Scholarship") on and subject to the provisions set forth in this student agreement (hereinafter referred to as the Agreement).
The Scholarship consists of:
travel and installation costs (1,000), program participation costs (8,000 per academic year) and a monthly allowance in the amount of 750/month for a maximum of 24 months).
IT IS HEREBY AGREED AS FOLLOWS:
1. Definitions and interpretation
1.1. Unless the context requires otherwise, capitalized terms and expressions in this Agreement are defined terms and expressions which shall have the meaning as attributed to such words and expressions in this Agreement.
1.2. Whenever used in this Agreement, the words include, includes and including shall be deemed to be followed by the phrase without limitation.
1.3. Where any obligation is qualified or phrased by reference to use "reasonable endeavours", "best efforts" or wording of a similar nature, it means the efforts that a person desirous of achieving a result would use in similar circumstances to ensure that such result is achieved as expeditious as possible and, regard shall be had, among other factors, to (i) the price, financial interest and other terms of the obligation; (ii) the degree of risk normally involved in achieving the expected result; and (iii) the ability of an unrelated person to influence the performance of the obligation.
2. Trajectory and specialisation options
2.1. The Students preferences for enrolling in the KIC InnoEnergy MSc Program Energy for Smart Cities have been noted and reviewed by a selection committee. The Student will study the first year at one of the Partner Institutions, where the Student follows a common program. After the fall semester begins, the Steering Committee will meet to determine the final mobility paths for the second year of the KIC InnoEnergy MSc Program Energy for Smart Cities.
2.2. Each Partner Institution may require a separate brief application to supplement the materials the Student previously submitted. The relevant Program Coordinator will review all requests for mobility at the Partner Institution. The Steering Committee will try to honour the Students mobility preferences; however, the Partner Institution reserves the right to balance Students enrolment at other participating Partner Institutions. Each Student will follow a set of courses within the chosen area of specialisation of mobility and carry out his/her final degree project with written masters thesis or project (site dependent).
2.3. The following itinerary is stipulated for the Student: Year 1 (course work): at the Partner Institution
AKD:#6850311v3 4 Year 2 (course work and Masters Thesis): the Year 2 location is to be determined by the Steering Committee at the latest in March of the specific academic year, or at such earlier moment as the Steering Committee may decide, before the start of the KIC InnoEnergy MSc Program Smart Cities.
3. Pre-arrival information and requirements
3.1. It is the responsibility of the Student to apply for a Student visa/residence permit for their first destination well in advance and also to collect documents required for future visa applications with respect to the available mobility tracks and activities, such as health certificates, police certificates, copy of high school diploma etc.
3.2. Upon arrival and during the period the Student is enrolled in the KIC InnoEnergy MSc Program Smart Cities at the relevant Partner Institution the Student shall be obliged to ensure that the Student complies with all requirements of the relevant Partner Institution and any and all applicable administrative or legal procedures of the country in which the Student shall reside.
4. Degree and diploma
4.1. The Student shall be awarded degrees from the Partner Institutions at which it has successfully completed (a part of) the KIC InnoEnergy MSc program Smart Cities.
4.2. All Partner Institutions have signed letters of intent committing to use their best efforts to produce double or dual degrees available upon the completion of the KIC InnoEnergy MSc program Energy for Smart Cities.
4.3. When the Student has successfully completed the academic requirements in order to obtain degrees from the degree-issuing Partner Institutions, the Student will receive a joint document describing the KIC InnoEnergy MSc program Energy for Smart Cities from the coordinating Partner Institution.
5. Language policy
5.1. The medium of instruction for the KIC InnoEnergy MSc program Energy for Smart Cities is English. All coursework including but not limited to lectures, assignments, projects, exams, laboratories, and tutorials are conducted entirely in English.
5.2. All the Partner Institutions will offer the Student access to their language centres or equivalent learning facilities and will encourage the Student to attend extra-curricular language classes.
6. Registration, participation fee and associated rights
6.1. The student enrols in the KIC InnoEnergy MSc program Energy for Smart Cities upon issue of a written acceptance notice issued by the Consortium Coordinator of the KIC InnoEnergy MSc program Smart Cities on behalf of the Steering Committee, which makes the decisions on admission and selection. However, no rights and obligations will arise for the Parties until the final decision on enrolment is made by the hosting Partner Institution and notified in writing to the Student.
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6.2. The participation fee for the KIC InnoEnergy MSc program Smart Cities per academic year (the Participation Fee) amounts to EUR 4,000 for students with citizenship from an EU or an EEA/EFTA country and EUR 8,000 for students with citizenship from any other country per academic year and covers the following items: Access to courses, exercises and laboratory sessions. The right of attendance to extra-curricular activities organized within the KIC InnoEnergy MSc program Energy for Smart Cities; Examination fees (where applicable); and Administrative services, in this case the Participation Fee for the Student amounts to EUR 8,000.
6.3. Apart from the Participation Fee, minimal or no extra costs will be billed to the Student for participating in the KIC InnoEnergy MSc program Energy for Smart Cities itself.
6.4. The Student needs however to cover costs that are not part of the Participation Fee at the Partner Institution where it is enrolled by itself, inter alia being costs for books, transcripts, degree certificate, recreation, fees for Student government, library late fees or re-examination fees, parking etc. The Student must cover by itself other costs such as local transports, library, accommodation, subsistence, etc.
6.5. Admission to the KIC InnoEnergy MSc program Energy for Smart Cities and, when applicable, membership of the local student union also gives the Student the right to the following: Support from the student services available at the Partner Institution, such as access to the student employment office, medical and psychotherapeutic centres, student restaurants/cantinas, student counsellors office, student accommodation assistance; Use of the library in accordance with the library regulations of the relevant Partner Institution; Use of the information technology infrastructure in accordance with the specific regulations of the Partner Institution; Educational support through any of the learning environments at the Partner Institutions.
7. The Scholarship and the obligations entailed herewith
7.1. The Student must inform the Consortium Coordinator of every other form of financial support he or she receives (e.g. other scholarships or grants).
7.2. The Student benefitting from a Scholarship cannot benefit from another scholarship/grant from the European Commission while pursuing the KIC InnoEnergy MSc program Energy for Smart Cities.
7.3. The Scholarship does not create or entitle an employer-employee relation between the Partner Institution and the Student, and therefore is not subject to direct taxation.
7.4. The Participation Fee will be withheld directly from the Scholarship at the beginning of each academic year.
AKD:#6850311v3 6 7.5. The Participation Fee cost covers the institutional enrolments including the administrative and academic management of the KIC InnoEnergy MSc Program Energy for Smart Cities. Any other costs that the Student may additionally be charged for (e.g. Student union fees) and that may be either compulsory or voluntary are communicated to the candidate Student during the application phase on the KIC InnoEnergy MSc Program Energy for Smart Cities website and on the local website of each organization or institution that may demand such payments.
7.6. The Scholarship is only awarded and will only become due and payable after the Student has signed this Agreement and after the Students official enrolment.
7.7. The Student will receive for the term of this Agreement the Scholarship, including the monthly allowance for a maximum of 24 months, being for the academic years 2014/2015 and 2015/2016. The monthly allowance is eligible for periods of academic activity in relation to the academic year of the Partner Institution where the Student is enrolled and participation in summer/winter schools organized by the Consortium. No allowance is paid for vacation periods exceeding four weeks. The monthly allowance is paid to the Student by the Partner Institution coordinating the KIC InnoEnergy MSc Program Energy for Smart Cities for the full duration of the Program regardless of the physical location of the Student, which could be at any of the Partner Institutions in the KIC InnoEnergy MSc Program Energy for Smart Cities.
7.8. In deviation of article 7.7 the Scholarship can be put on hold or be terminated in accordance with article 14.
7.9. The Steering Committee can decide that the amount of Scholarship received by the Student can become eligible for repayment by the Student, in whole or in part, but only in accordance with articles 14.3 (wilful misconduct, fault or negligence) and 14.4 (early termination by Student without notification).
7.10. The monthly allowances will be paid to a European bank account in the Students name. The Consortium cannot be held liable for any problems in the transaction or any losses related to fluctuations in the exchange rate.
8. Common and specific education rules
8.1. As a Student of the KIC InnoEnergy MSc Program Energy for Smart Cities, the Student shall at all times be bound by all applicable specific education and examination regulations rules and requirements of the relevant Partner Institution in which the Student has enrolled or is participating in a particular course, including but not limited to rules and requirements with regard to courses, projects, thesis, examination and diploma.
8.2. If and to the extent available (on the KIC InnoEnergy MSc Program Energy for Smart Cities website or in a handbook) the Student shall also be bound by, in addition to article 8.1, the Consortiums common rules on individual course selection, final degree project with written masters thesis, examination and pass/fail criteria, diploma and (if applicable) scholarships apply.
8.3. If the common rules of the Consortium are not available at the time that the Student enrols in the program but become available during the time that the Student is enrolled in the KIC InnoEnergy MSc Program Energy for Smart Cities these rules shall
AKD:#6850311v3 7 apply to the Student from the moment that they become available for as long as the Student is enrolled in the KIC InnoEnergy MSc Program Energy for Smart Cities.
8.4. Partner Institutions have the right to organise attendance controls with regard to the attendance of the Student to all lectures and laboratories of the KIC InnoEnergy MSc Program Energy for Smart Cities.
9. The Students obligations with respect to the program
9.1. The Student must use both the movable and immovable goods of the Partner Institution(s) with great care and must act and behave in accordance with the regulations enforced within the Partner Institution(s).
9.2. The Student must attend as many lectures and laboratories as possible. Lectures, laboratories and/or assignments may be compulsory in order to pass a course. The Student participating in the KIC InnoEnergy MSc Program Energy for Smart Cities shall take part in all compulsory parts of the program and cooperate with any attendance controls. The Student must make personal arrangements to secure that they can participate fully and actively in these activities. The Student is obliged to obtain all relevant information with regard to all compulsory activities.
9.3. In case of absence of more than one week (during the academic year not including holiday periods) the Student is expected to inform the Program Representative at the Partner Institution and ask for approval for this absence. The Student has to provide a motivation for the absence supported, as much as possible, by evidence. For medical reasons, a certificate from the doctor will be requested.
9.4. In case of failure of a course (failure includes absence from an exam with or without legitimate reason), one re-sit is allowed without affecting the future participation in the KIC InnoEnergy MSc Program Energy for Smart Cities. This re-sit will preferably take place at the Partner Institution where the course was taught, but will also be possible at another Partner Institution if agreed with the Partner Institution offering the re-sit. The latter option may be chosen with respect to practical matters related to the relocation in connection with the second year of studies and will be decided on a case by case basis and to the discretion of the Partner Institutions involved. A Student who fails a course twice will be given due warning that the review of the academic results during Semester by the Steering Committee is the basis for the decision regarding the continuation of the KIC InnoEnergy MSc Program Energy for Smart Cities in accordance with article 12.1 which could lead to early termination in accordance with article 15.1.
9.5. Minimum requirements in ECTS for second year registration to the KIC InnoEnergy MSc Program Energy for Smart Cities are 45 ECTS. In addition the Student shall have to comply with the requirements of the scholarship as set out in this Agreement.
9.6. The Student will participate in the e-portfolio/communication tool developed by KIC InnoEnergy.
9.7. The Student participating in the KIC InnoEnergy MSc Program Energy for Smart Cities must participate in the Smart Cities course, the Innovation Summer School, the Entrepreneurship chapter and in optional internships during the summer or for the Masters Thesis. The Student is responsible for acquiring the internship and it must be
AKD:#6850311v3 8 approved by the Program Coordinator at the current Partner Institution and the Consortium Coordinator.
9.8. If requested by the Consortium Coordinator the Student is required to report to the Consortium Coordinator with regard to the progress and achievements during the KIC InnoEnergy MSc Program Energy for Smart Cities.
10. Student achievements
10.1. Grades are awarded for each course in accordance with the regulations of the Partner Institution where the Student is studying, except for those cases that are stipulated in the common rules.
10.2. The Student grants the Partner Institution where he/she is studying during the first and the second year the right to transfer all information concerning the progress of the studies to the Consortium management and its administrative units and also to the KIC InnoEnergy MSc School Office. This includes courses, study results, and all other facts that are necessary to evaluate the Student's performance.
10.3. Information concerning the passing of the complete KIC InnoEnergy MSc Program Energy for Smart Cities and the awarding of possible additional degrees of merit will be made available to the Student by the relevant Partner Institution(s) or, if and to the extent made available by the Consortium in the specific supplementary regulations, accessible on the KIC InnoEnergy MSc Program Energy for Smart Cities website or handbook.
11. Student's warranties
11.1. By signing, the Student declares that he or she fulfills and accepts the following conditions:
Type 1 Cat A Scholarship
The Student has citizenship from a non-EU or non-EEA/EFTA member state. The Student is able to spend his or her study period in at least two of the consortium partner countries. The mandatory mobility periods cannot be replaced by virtual mobility, neither can they take place in institutions outside the consortium. The Student has not yet benefited from an KIC InnoEnergy master's program scholarship. The Student shall not benefit from another Community grant while pursuing the KIC InnoEnergy MSc Program Energy for Smart Cities. The Student shall be enrolled as a full-time Student and commit him/herself to participate in the KIC InnoEnergy MSc Program Energy for Smart Cities in accordance with this Agreement.
12. Review
12.1. The following shall apply with regard to the review of year 1:
Type 1 Scholarship and Tuition fee waiver
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The Steering Committee reviews the Students academic performance each semester and makes a new decision for the coming semester regarding the Students continuation to the second year of the KIC InnoEnergy MSc Program Energy for Smart Cities, the continuation of the payment of the monthly allowance and the awarding of the fee waiver, based on the previous semesters study results. Minimum requirements are that the Student has performed an equivalent of 75% of the course work during the previous semester.
12.2. Notwithstanding article 12.1 and with respect to national laws the Student may remain at the program and re-take year 1 at his or her own cost and expense. If successful, the Student may continue the second year at the KIC InnoEnergy MSc Program Energy for Smart Cities at its own cost and as such graduate as a KIC InnoEnergy MSc Program Energy for Smart Cities Student. The Student may also transfer to a local program at the current Partner Institution with respect to fees and regulations applied at this Partner Institution. A new application and admission to the local program might be necessary.
13. Early termination by the Student
13.1. In the event that the Student prematurely ceases its participation in the KIC InnoEnergy MSc Program Energy for Smart Cities for any reason, he or she must notify the Consortium Coordinator in writing immediately.
13.2. A Student who leaves the KIC InnoEnergy MSc Program Energy for Smart Cities prematurely but has obtained credits for certain courses will get an official transcript of records stating the courses it has completed and earned credits for.
14. Early termination by the Consortium and/or repayment
14.1. Early termination by the Consortium can apply to a Student in the following events:
a) In case the Student is denied transfer and the Scholarship for the second year due to insufficient study results in the first year based on the review as described in article 12.1, the Student will lose its Scholarship and this Agreement will be terminated with immediate effect; b) In the event the Student does not comply with the requirements as set out in articles 9.2 or 9.3 or 9.7 or 9.8, the Consortium Coordinator will notify the Student as soon as reasonably possible and invite the Student for a hearing. Following this hearing the Steering Committee may decide, at its own discretion, to either put the Scholarship on hold or terminate the Scholarship and terminate this Agreement with immediate effect; c) In the event of early termination by the Student from the KIC InnoEnergy MSc Program Energy for Smart Cities as described in article 13.1 the Scholarship and this Agreement shall automatically be terminated with immediate effect; d) In the event of a breach of the Student of the warranties included in article 11.1 the Steering Committee may decide, at its own discretion, to either put the Scholarship on hold or terminate the Scholarship and terminate this Agreement with immediate effect.
AKD:#6850311v3 10 14.2. All decisions of discontinuation of the Scholarship are made by the Steering Committee of the KIC InnoEnergy MSc Program Energy for Smart Cities and executed by the Consortium Coordinator, after hearing the Student.
14.3. If the Scholarship and the Agreement are terminated in accordance with article 14.1 the Steering Committee can decide, at its sole discretion, to reclaim the Scholarship partially or in whole provided that the Scholarship shall only becomes eligible for repayment in the following events:
a) wilful misconduct, fault or negligence of the Student causing the Student not to fulfil its obligations under this Agreement; or b) fraud by the Student,
for the avoidance of doubt the study results or the review as mentioned in article 12 shall never be a legitimate ground for repayment of the Scholarship.
14.4. In addition to article 14.3, failure of the Student to notify the Consortium Coordinator in accordance with article 13.1 shall in any event lead to the obligation of the Student to repay the amount of Scholarship the Student received during the period the Student has ceased its participation but did not notify the Consortium Coordinator.
15. Duration
15.1. This Agreement is valid starting from the 2014-2015 academic year and shall be valid and binding between the Parties for the normal duration of the KIC InnoEnergy MSc Program Energy for Smart Cities (two academic years), except in the events as set out of articles [14]
16. Use of Images
16.1. The Student agrees that KIC InnoEnergy SE or any of its affiliated partners can use its photographs and/or videos free of charge worldwide for the purpose of disseminating and promoting KIC SE education, entrepreneurship and innovation related activities. The Student also waives the right to invoke intellectual property rights vested in the aforementioned photographs and/or videos, for example copyrights, moral rights and portrait rights. The above applies irrespective of whether the photograph or video was submitted by the Student itself or if it was made by KIC SE or any of its affiliated partners.
16.2. If the Student changes its mind, the Student can always request to have its data deleted by writing to KIC InnoEnergy SE, Hightech Campus 69, 5656 AG Eindhoven, The Netherlands or delete-data@kic-innoenergy.com.
17. Liability and indemnification
17.1. Neither of the Parties shall incur any liability towards the other Party in respect of any damages resulting from the performance of this Agreement, except in case of intent or gross negligence.
17.2. The Student will not initiate legal proceedings either by provisionary measure, preliminary relief, attachment or otherwise against the Consortium or the Partner Institution for a breach under this Agreement unless he/she has demanded the
AKD:#6850311v3 11 Consortium or the Partner Institution with a 20 Business Days notice in writing to remedy such breach.
AKD:#6850311v3 12 18. Annexes
18.1. The following documents constitute an integral part of the present Agreement. These documents will be sent to the participating Student: Annex I: Bank detail form Annex II: Summer Activity plan form, for scholarship payment
19. Notices
19.1. Any notice pursuant to or in connection with this Agreement shall be given in writing by registered mail, with copy by telefax or email, to the following addresses:
If to the Coordinating Institution: KU Leuven Attn: Prof. Johan Driesen Address: Kasteelpark Arenberg 10 - bus 2445, 3001 Leuven (Heverlee) Country: Belgium Email: johan.driesen@esat.kuleuven.be Fax: +32 16 321985
If to the Student: Attn: Address: Country: Email:
19.2. Each of the Parties is entitled to, during the term of this Agreement, notify the other Party of another address to which any notice should be sent.
19.3. The Parties explicitly choose domicile at the addresses set forth in this Agreement.
20. Miscellaneous
20.1. This Agreement consists of this core text and the Annexes. Should any provision of this Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining provisions of this Agreement. In such a case, the Parties concerned shall be entitled to request that a valid and practicable provision be negotiated which fulfills the purpose of the original provision.
20.2. No rights or obligations of the Parties arising from this Agreement may be assigned or transferred, in whole or in part, to any third party without the other Partys prior formal and written approval.
20.3. Amendments and modifications to the text of this Agreement, unless otherwise explicitly provided for herein, require a separate agreement between all Parties in written form; this shall also apply to the provision itself.
20.4. This Agreement may be entered into any number of counterparts and by each of the Parties on separate counterparts, but shall not be effective until each Party has executed at least one counterpart. Each counterpart, when executed, shall constitute an original, but all the counterparts shall together constitute one and the same document.
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21. Declaration and signatures
21.1. The signatories declare that they have read and accepted the conditions laid down in the present Agreement. This Agreement is signed in two originals at the place and on the date indicated below, whereby each signatory has received one original copy.
22. Governing law and competent court
22.1. This Agreement is governed exclusively by and construed in accordance with the laws of Belgium.
22.2. All disputes that may arise in connection with this Agreement or any agreements resulting from this Agreement shall be submitted to the competent court of Brussels, Belgium.
KU Leuven
_______________________________ Name: Prof. Johan Driesen Title: Program Director Date: . Place: .