[foundation-board] Additional clauses / clarification of construction in MoU for Switzerland (and possibly others)

Rufus Pollock rufus.pollock at okfn.org
Thu Jun 21 18:39:54 UTC 2012

The Swiss have added the following clauses to the MoU (many of you
will have seen this already).

5. No remuneration. Except if explicitly agreed otherwise with respect
to a specific project, neither of the Parties shall have any monetary
claim to the other Party for services performed or goodwill or similar
values received under this Memorandum of Understanding.

6. No Right to give binding instructions. Subject to Clause 8, neither
of the Parties shall have the right to direct the other Party to
undertake specific activities, or to refrain from certain activities,
except if agreed to separately and in writing.  If the Parties
disagree on the role of running the local chapter in Switzerland, the
sole remedy of either Party shall be termination of this Memorandum of
Understanding according to Clause 9.

7. Names, Trademarks, and/or Trade Names.  Each Party shall at all
time have the right to control how its trademark(s), its name or its
trade name is being used by the other Party.

8. Termination. Either of the Parties can terminate this Memorandum of
Understanding with immediate effect.

In my opinion these are good additions that clarify things that are
otherwise implicit (and go against nothing in the existing MoU). I
would be happy for us to have them in the MoU and in MoUs with others
going forward. Does the Board object to having these additional
clauses in the MoU?

Co-Founder, Open Knowledge Foundation
Promoting Open Knowledge in a Digital Age
http://www.okfn.org/ - http://blog.okfn.org/

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