Memorandum of Understanding

This Memorandum of Understanding(“MoU”) is entered into on this_________ day of

_________, 2019(“Effective Date’) by and between :

The Kala Chaupal Trust, a nongovernmental organization, having its registered office at
____________(hereinafter referred to as “First Party” which expression shall, unless it be
repugnant to the subject or context thereof, including it successors and permitted assigns)
acting through its authorized representative, Ms/Mrs Leenika Jacob, the Managing Trustee of
the First Party.

AND

The Avichal Heritage Trust, a nongovernmental organization, having its registered office
at_____________( hereinafter referred to as “Second Party” which expression shall, unless
it be repugnant to the subject or context thereof, including it successors and permitted
assigns) acting through its authorized representative, Ms. Alpita Patel, the co-owner and
promoter of The Rhodesia House & Trustee of the Second Party.

WHEREAS:

A. The First Party, is a is a nongovernmental organization with the aim of the

organization is to create relevant collaborations on arts, culture, ecology and heritage
to support the growth of Rhodesia House and Avichal Heritage Foundation objectives.
The core activities of the first party are as follows:
◦ Gather existing materials, study, and implement archival displays in The Rhodesia
House and other identified areas;
◦ Cooperate at national and international levels in the artistic/creative development of
The Rhodesia & The Avichal Heritage Trust through multi-strategies- artist
residencies, festivals, events, talks, discussions;
◦ Relevant collaborations and partnerships to bring focus on cultural heritage led
tourism through various dialogues;
◦ Bring to focus the advantages of conservation led sustainability and tourism ;

1
 ◦ Fund raise planning and networking

B. The Second Party represented through its representative Trustee, Ms. Alpita Patel is
engaged in the promotion of national/international cooperation in preserving,
conserving, investigating, documenting, researching, interpreting, and advancing
education/implementation of Dharmaj’s heritage. This broad field focuses on the
preservation of heritage homes – Rhodesia House and other heritage structures and
infrastructure, housing, settlements, landscapes, products, processes, embedded
knowledge and skills, documents and records, as well as the use and treatment of such
structures in the present. Heritage homes include not only the remains of the Patidar
Community, but also the traditional precursors from earlier past that reflect the
journeys undertaken by the elders for trade and commerce from India to Africa and
subsequently across the world, in search of better prospects and opportunities for
future generations.

Ms. Alpita Patel, has initiated a restoration and conservation of Rhodesia House and also
commissioned a family history book, logo and relevant road signs. Avichal Heritage
Foundation has also been initiated with it’s own relevant objectives to establish a network of
heritage home owners in Dharmaj to realise the conservation journey.

AND WHEREAS both Parties have agreed to a long standing cooperation for the
development of both Rhodesia House and Avichal Heritage Foundation. Both Parties, while
remaining independent and governed by their respective Statutes, wish to enhance their
cooperation through this Memorandum of Understanding.



2
 GENERAL TERMS OF THE MoU

1. OBJECTIVE OF THE MEMORANDUM OF UNDERSTANDING

I. The objective of this Memorandum of Understanding (MoU) is to establish a general

framework of cooperation for activities, events, meetings and information exchange to
be planned and implemented jointly by the Parties. The First Party and the Second Party
agree to cooperate in the implementation of the activities and related items listed below,
to the best of their ability and within the resources made available by Ms. Alpita Patel
and also through various funding activities (online/offline) to be conducted via The Kala
Chaupal Trust.

II. The Second Party hereby agrees to release the Grant Amount up to a sum of Rs.
________ on the terms and conditions in this MoU.

III. The Grant Amount released by the Second Party shall be used by the First Party solely
for the implementation of research, conducting exhibitions by the First Party to facilitate
dialogue concerning the conservation of cultural heritage. The Grant shall also be used
for potential areas of collaboration between the First and Second Party, which may
include but not restricted to the following activities:

i. Promotion, recognition, and conservation of cultural heritage through

implementations, archival narrations and art/craft activations;

ii. Reciprocal recognition of collaboration through communication mechanisms

such as links on organizational websites and social media handles.

iii. Partnership in creation of fundraising platforms for ensuing implementation.

IV. Other areas of collaboration:

In order to enhance the cooperative relationship and mutual benefits to each

organization and its members, following measures to support the flow of
communications will be addressed, and:

i. Continue to support the cooperation between the Parties.

ii. Disseminate relevant information to one another’s organization at appropriate

events in order to encourage a better mutual knowledge within the
memberships of both Parties; and,

3
 iii. Establish reciprocal arrangements of representation in their respective
governing/advisory bodies, namely the Parties, in conformity with their
individual organizational Statutes and Rules of Procedure.

V. Cooperate in research and development of improved approaches to the

conservation of heritage:

Areas for enhanced and potential collaboration may include the following activities:

i. The First Party will continue to work in cooperation with the Second Party on
the development of Thematic Studies on heritage topics, consistent with the
goal of Heritage listings.

ii. The First Party, shall, when requested by the Second, assist in identifying
experts for desk reviews and missions involved in artistic engagements,
exhibitions, cultural activities.

iii. The Parties will cooperate in the conceptual development and the advancement
of theory and conservation principles in relation to issues associated with
cultural heritage preservation.

2. FRAMEWORK FOR IMPLEMENTATION

An annual work plan will be developed and mutually agreed upon by the Parties to indicate the activities that
will take place during the following year. In order to fulfil this requirement, an annual coordination shall be
undertaken. The implementation of this MoU will be advanced through additional individual memoranda or
contracts (Supplemental Agreement(s)), as appropriate, in relation to agreed activities, which will specify the
responsibilities for implementation, the overall budget, and the financial responsibility for the two Parties and
any other partners for that activity.

Both Parties acknowledge that other areas of collaboration may be developed during the
period of this agreement for inclusion in their joint and individual work plans.

3. EFFECTIVE DATE AND DURATION OF MEMORANDUM OF

UNDERSTANDING

This Memorandum of Understanding shall come into force upon signature of both Parties and
will be effective until November 2021. This Memorandum of Understanding can be renewed
for successive additional periods of five (5) years upon agreement of both parties. Either Party
may terminate this MoU by giving the other Party six (6) months’ advance written notice of
termination. It is understood that any such termination shall have no effect on any

4
Supplemental Agreements then in force between the Parties, and that the performance of such
Supplemental Agreements shall be subject to their own terms and conditions.

5
4. AMENDMENTS
This Memorandum of Understanding may be revised by mutual consent of both Parties, by
the issuance of a written amendment, signed and dated by both Parties.

5. ARBITRATION
The signatories to this Memorandum of Understanding undertake to settle amicably any
differences that may arise between them over its implementation and all claims and disputes
arising under or relating to this Agreement are to be settled by binding arbitration with the
Delhi International Arbitration Centre (“DIAC”) and the parties shall be bound by any and
all rules of DIAC and any award/decision rendered.

6. REPRESENTATION
Neither party shall have the authority to incur any liability or make any commitment on behalf
of the other party vis a vis any third party, contractually or otherwise, without the other party’s
advance express written consent.

7. PRIVILEGES AND IMMUNITIES

Nothing in or relating to this MoU shall be deemed a waiver of any of the privileges and
immunities that ICOMOS or TICCIH enjoy pursuant to any bilateral host country agreement
to which they are a party.

8. INTELLECTUAL PROPERTY
Intellectual property and copyright of all jointly developed documents produced within the
framework of this Memorandum of Understanding shall be understood to belong jointly to
the First and Second Party, unless otherwise specified in any agreement. Permission to make
any commercial use of these documents requires the agreement of both Parties.

9. USE OF LOGOS
It is agreed that the logos of the Parties shall appear on the front cover of all publications,
reports, and publicity material produced for activities undertaken to implement this
Memorandum of Understanding, in their agreed upon form. The logos will be displayed
alongside those of other partners for specific activities undertaken, as appropriate.

10. NOTICE
Any notice required by this Memorandum of Understanding shall be deemed properly given
if sent by certified registered mail, postage prepaid, as follows:


lf to

The Kala Chaupal Trust

B1-1104, Uniworld City
Sector 30, Gurgaon
12200

6
SIGNATURES