4-2 Cooperative Program with Penn State

Agreement

THIS AGREEMENT, is made this 30th day of October, 2005, by and between LOCK HAVEN UNIVERSITY OF PENNSYLVANIA, (hereinafter referred to as “Lock Haven”), an educational institution of the State System of Higher Education, Commonwealth of Pennsylvania and the Pennsylvania State University (hereinafter “Penn State”)

BACKGROUND

WHEREAS, Penn State has graduate degree programs in the Department of Engineering Science and Mechanics;

WHEREAS, Lock Haven provides undergraduate degree programs in Physics that would qualify successful Lock Haven students for advanced studies in the aforementioned department at Penn State; and

WHEREAS, Lock Haven and Penn State are desirous of establishing a strategic and sustainable cooperation with each other for the purpose of offering physics majors at Lock Haven both opportunity and incentive to enter the graduate program of the Engineering Science and Mechanics Department at Penn State; and

WHEREAS, Lock Haven and Penn State in order to facilitate this relationship will encourage direct contact and cooperation between their faculty, students, and staff subject to the provisions of this Agreement.

NOW THEREFORE, intending to be legally bound, the parties hereto agree as follows:

1. Development of Communication. The parties will facilitate familiarity with each other’s respective programs via visits, telephonic, and written communication interchanges between the parties and sharing of information with students.

2. Admission to Penn State Program. Upon successful application and admission into the Penn State graduate program:

a. Lock Haven students who successfully complete a Bachelor of Science degree in Physics may elect to transfer up to six (6) Lock Haven credits of 400 level courses in physics for graduate credit towards a Master of Science Degree in Engineering Sciences and Mechanics. Credits subject to transfer must be additional electives that were not applied towards the applicant’s undergraduate degree. Letter verification as to the nature of the transferred credits must be made by the Registrar or an Administrative Academic official.

b. A Lock Haven Bachelor of Science student in the major of physics who undertakes summer research in the Penn State Engineering Science & Mechanics Department as a non-degree undergraduate could be granted 3 Penn State credits for independent studies at the 400 level, which could be applied towards the Penn State Master of Science degree. (i.e., transferred from the undergraduate transcript to the graduate degree program). A stipend would be paid to the students by the Penn State Engineering Science and Mechanics department for the summer research.

c. All transfer credits must be earned within five years of admission to the PSU Graduate School, and reflect a grade of “B” or better. A post Lock Haven Bachelor of Science student in the major of physics who undertakes summer research in the Penn State Engineering Science and Mechanics department as a nondegree undergraduate could be granted three (3) Penn State credits for independent studies at the 400 level. These credits, if within the above-stated criteria, can be applied towards the Penn State Master of Science degree (i.e., transferred from the Penn State undergraduate transcript to the Penn State graduate degree program). Any credits transferred to Lock Haven to fulfill the Bachelor of Science degree requirement may not be used to fulfill the Penn State Master of Science degree requirements. Credits may not be double-counted. A stipend would be paid to the students by the Penn State Engineering Science and Mechanics department for the summer research.

d. No more than 6 credits obtained at Lock Haven as outlined within this agreement can be applied towards the Penn State Master of Science degree in Engineering Science and Mechanics.

e. A Lock Haven Bachelor of Science student in the major of physics with a GPA 3.4 or greater and with satisfactory recommendations from the Lock Haven faculty members, would be considered favorably for an assistantship (which comprises a living stipend, tuition, and health and dental insurance as provided by Penn State) on joining the MS (E Sci) program at the Penn State Engineering Science & Mechanics Department. Such an assistantship would involve either teaching or research duties.

f. A Lock Haven Bachelor of Science student in the major of physics with a GPA between 3.0 and 3.4 could also be granted admission to the MS (E Sci) program at the Penn State Engineering Science & Mechanics Department with a research assistantship, provided he/she carries out summer research with an Penn State Engineering Science & Mechanics Department faculty member, and that faculty member is willing to provide the necessary funds for the research assistantship.

3. Mutual Terms and Conditions.

a. Term of Agreement. The term of this Agreement shall be five years from the date of execution. This Agreement may not exceed a period of five years.

b. Termination of Agreement. Either party may terminate this Agreement for any reason with ninety (90) days notice. Either party may terminate this Agreement in the event of a substantial breach. However, all students enrolled and accepted by Penn State at the time of a termination will receive the full benefit of this agreement.

c. Nondiscrimination. The parties agree to continue their respective policies of nondiscrimination based on Title VI of the Civil Rights Act of 1964 in regard to sex, age, race, color, creed, national origin, Title IX of the Education Amendments of 1972 and other applicable laws, as well as the provisions of the Americans with Disabilities Act.

d. Interpretation of the Agreement. The laws of the Commonwealth of Pennsylvania shall govern this Agreement.

e. Modification of Agreement. This Agreement shall only be modified in writing with the same formality as the original Agreement.

f. Relationship of Parties. The relationship between the parties to this Agreement to each other is that of independent contractors. The relationship of the parties to this contract to each other shall not be construed to constitute a partnership, joint venture or any other relationship, other than that of independent contractors.

g. Liability. Neither of the parties shall assume any liabilities to each other, except as specifically stated in this Agreement. As to liability for damage, injuries or death to persons, or damages to property, the parties do not waive any defense as a result of entering into this Agreement unless such a waiver is expressly and clearly written into a part of this Agreement. Each party is responsible for their own financial obligations in order to fulfill their obligations pursuant to the terms of this agreement.

h. Entire Agreement. This Agreement represents the entire understanding between the parties. No other oral understandings or promises exist in regards to this relationship.

IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement as of the date previously indicated.

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