16.Force Majeure

16.1 Neither Party shall be liable in damages, costs or expenses of any nature in relation to: (i)
any indirect, special or consequential losses; or (ii) any loss of profits (whether direct or
indirect); or (iii) goodwill, which arise directly or indirectly from that Party’s breach or non-
performance of this Agreement, or negligence in the performance of this Agreement or
from any liability arising in any other way from the subject matter of this Agreement, (other
than for delay in payment of monies due and payable hereunder) or have the right to
terminate this Agreement for any delay or default in performing hereunder if such delay or
default is caused by reasons beyond its control including, but not limited to acts of
government restrictions, wars, insurrections, national emergency, pandemic, industrial
action, unforeseen closure of the FUB or SUSTech, indisposition of key personnel and/or
any other cause beyond the reasonable control of the Party whose performance is affected
provided that ihe Party experiencing the difficulty shall give the other prompt written notice
with full details following the occurrence of the reason relied upon and confirming the dates
by which performance obligations are scheduled to be met the agreement will be extended
for a period of time equal to the time lost due to any delay so caused.

16.2 Nothing in this Agreement excludes any liability for death or personal injury, liability or any
other liability which cannot by applicable law be excluded.

17.Assignment or Subcontracting

17.1 Neither Party may vary or be entitled to assign any of their rights and obligations or sub-
contract any of its commitments hereunder without the prior written consent of the other
Party.

18.Relationship

18.1 Nothing in this Agreement will create or be deemed to create a partnership or joint venture
nor the relationship of principal and agent or employer and employee between the Parties.

19.Waiver

19.1No temporary forbearance by either Party of the commitment due from another shall
constitute a waiver.

20.Severance

20.1 Each of the provisions of this Agreement is severable from the others and any provision
which is illegal invalid or unenforceable shall be severed from the others without affecting
or impairing the remainder of this Agreement.

21.Variation

21.1Any variation to this Agreement shall require the written consent of both Parties acting
through their duly authorised representatives.

22.No Third Party Rights

22.1No third party shall enjoy the benefit of any rights or protections granted under this
Agreement.

23.Law of Agreement and Jurisdiction

23.1 This Agreement shall be governed by and construed in accordance with the laws of the
Federal Republic of Germany and the Parties shall submit to the exclusive jurisdiction of
Germany.

24.Notices

24.1 Any notice given in connection with this Agreement must be given in writing and delivered
by hand or first class pre-paid recorded delivery (or equivalent) to the FU program lead at
FUB or the address of SUSTech given in this Agreement, or to such another address
notified in writing by either Party for the purposes of serving notices.

24.2 A notice will be deemed to have been served five days after posting. If notice is deemed to
have been given on a day that is not a normal business day of the recipient, it shall be
deemed to have been given on the next normal business day. A published FUB or
SUSTech closed day shall not be considered a normal business day for the purposes of
service.

24.3 Service of notices by email is permitted, and must be followed by a post of an official letter
within fourteen (14) days, by emailing the International Relations Department at each
university.

Entire Agreement

25.1 This Agreement constitutes the entire Agreement between the Parties relating to its subject
matter and overrides all other understandings relating to the Programs. The Parties
acknowledge that they have not entered into this Agreement on the basis of any warranty,
representation, statement, agreement or undertaking except those expressiy set out in this
Agreement.

EXECUTED AS AN AGREEMENT ON THE FOURTEENTH DAY OF JULY 2017

SIGNED by Freie Universität Berlin by its SIGNED by Southern University of Science and
authorised representative in the presence of Technology by its authorised representative in the
presence of:

N ha A —TD_. c2_

President . President

Schedule 1

1.

FINANCIAL ARRANGEMENTS

SUSTech will fund stipends and fees as described below for each Student in each academic
year ofthe Programme for two-year study period at FUB.

(1) FUB will waive the tuition fee of studying at FUB.

(2) SUSTech will provide a stipend to cover 2 years of each PhD Student’s studies at FUB. For
the first intake in AY2017/18, the stipend will be 1468 Euro per month; for later years this
amount will be adjusted according to regulations of FUB (the exact amount will be the amount
suggested by the Dahlem Research School, which is the institution coordinating international
programs at the FUB). The payment should be made direct!y to FUB.

(3) SUSTech shall pay FUB directiy 500 Euro per AY per PhD Student; these fees will be used
to enable the participation of PhD Students in language courses and other soft skill classes
such as scientific writing, presentation etc. and/or participation in conferences.

SUSTech shall pay the invoices, in full and as stated, submitted by FUB within 75 days of the
date of the invoice in accordance with the FUB’s normal terms and conditions. FUB shall issue
the invoice based on the exact number of Student admitted in each AY. All payment to FUB
shall be in Euro and shall be net of any taxes, duties, levies and fees due and payable by
SUSTech to the relevant PRC authority.

In the event of a shortfall of funds, the balance will be paid by SUSTech to FUB within 12
months of the documented discovery of such a shortfall. In the event of a surplus of funds at
the end of 12 months, arising from lower than expected enrolment, withdrawal of PhD
Students or other reasons, FUB will refund the balance to SUSTech.

During the PhD Students’ residency at SUSTech, SUSTech shall be responsible for the PhD
Students’ stipend. In the event that a PhD Student’s candidature extends beyond the fourth
year, the PhD Student will be personally liable for all fees due to FUB and/or SUSTech after
the end ofthe fourth year.

The PhD Students are required to pay for all the appropriate miscellaneous student fees as
required by the institutions during their residency periods, such payment shall be made
directiy to the respective institution. For example, students enrolled at the SUSTech should
pay the tuition fee to SUSTech. Students enrolled at the FUB have to pay the so-called social
fees. These are non-university fees and pay for the student union as well as for a public
transportation ticket for the whole area of Berlin for the entire semester. Students shall also be
responsible for all lodging and travel costs, study and living expenses, application fees, visa
fees, and insurance fees incurred for the Collaborative PhD Program. In particular, exchange
students enrolled at FUB must have comprehensive health insurance valid in Germany for
enrolment as a student at FUB and for obtaining a residence permit.

Addendum

FUB and SUSTech Program leads are appointed by the respective institutions and serve in
this function until further notice. The program lead at FUB is

Prof. Dr. Florian Heyd
Takustr. 6

14195 Berlin

Germany

The SUSTech program lead is
Prof. Dr. Chen Wei

No. 1088 Xueyuan Rd
Shenzhen

Guangdong 518055

China

EFT