Platinum MembersSponsors. Corporate memberssponsors that contribute $50,000 annually or more will be Platinum Smembersponsors. Platinum membersSponsors will have:

• One voting seat on the Executive Committee to track, monitor, and advise the Director on CREATE's research program, its content and direction
• Two voting members on the CREATE IAB
• Two participating representatives at the semi-annual IAB program reviews
• Open attendance at the annual IAC meetings
• Access to CREATE intellectual property as defined in Article 5.1
  
• All course fees waived for up to four training slots in ACE (Alliance for Construction Excellence) /CREATE industry cleanroom seminars and workshops (excluding University curriculum)
  
• ACE sustaining membership including associated discounts i.e. discounts on all ACE/CREATE industry seminars and workshops (excluding University curriculum) where discounts are offered for ACE membership.
  
• Participation in CREATE workgroups

Gold MembersSponsors. Corporate memberssponsors that contribute at least $10,000 annually and less than $50,000 will be Gold membersSponsors. Gold Smembersponsors will have:

• Representation on the Executive Committee (as outlined in Article 3.4) to track, monitor and advise the Director on CREATE's research program, its content and direction
  
• One voting member on the CREATE IAB
  
• One representative at the semi-annual IAB program reviews
  
• Open attendance at the annual IAC meetings
  
• Access to CREATE intellectual property as defined in Article 5.1
  
• All course fees waived for up to two training slots in ACE /CREATE industry cleanroom seminars and workshops (excluding University curriculum)
  
• ACE regular membership including associated discounts i.e. discounts on all
• ACE/CREATE industry seminars and workshops (excluding University curriculum) where discounts are offered for ACE membership.
  
• Participation in CREATE workgroups

Maroon MembersSponsors. Corporate memberssponsors that contribute at least $5,000 annually and less than $10,000 will be Maroon membersSponsors. Maroon members Sponsors will have:

• Open attendance at annual IAC meetings
  
• Access to CREATE intellectual property as defined in Article 5.1
  
• Discounts on all ACE/CREATE industry cleanroom seminars and workshops (excluding University curriculum)
  
• Participation in CREATE workgroups

Individual MembersSponsors. Individual members that contribute at least $1,000 annually and less than $5,000 will be Individual membersSponsors. Individual membersSponsors will have:

• Open attendance at annual IAC meetings
  
• Access to CREATE intellectual property as defined in Article 5.1
  
• Discounts on all ACE/CREATE industry cleanroom seminars and workshops (excluding University curriculum)
  
• Participation in CREATE workgroups

Membership Requirements and Procedures.

(a) Each applicant for Membership in CREATE will agree to abide by the bylaws of CREATE by signing a Membership Agreement that references these bylaws. Membership will be effective upon receipt by the Director of the Membership Agreement and of the dues required by the Executive Committee. A Member Sponsor may terminate its membership by giving the University 90 days written notice prior to their termination date. No paid dues will be refunded upon termination of membership. Membership will be terminated if dues remain unpaid for 90 days after they are due.

(b) Applicants for Membership of CREATE will be bound by U.S. laws regarding patent and intellectual property rights and use

Industry Advisory Council (IAC). Each member Sponsor of CREATE will be entitled to designate representatives to the IAC. The IAC will review CREATE's research activities, their definition, progress, application and commercialization. IAC members will participate in the annual CREATE IAC review meetings as outlined in Article 4. The Executive Committee has the option to limit IAC attendance as needed. Specifically, at the IAC's annual meeting, the IAC will:

• Review and provide input to the existing research programs;
  
• Suggest research directions for IAB consideration;
  
• Receive information and publications on CREATE research.

Industry Advisory Board (IAB). Each Platinum member Sponsor of CREATE will be entitled to designate two representatives to the IAB. Each Gold membersponsor will be entitled to one representative to the IAB. The IAB will advise the Director and the Executive Committee on CREATE's research activities, their definition, progress, application and commercialization. IAB members will participate in the semi-annual CREATE IAB review meetings as outlined in Article 4. Specifically, the IAB will:

• Provide substantial input into the overall research direction and goals of CREATE's research projects;
  
• Evaluate industry requirements and recommend areas for further investigation;
  
• Provide feedback to Director and Executive Committee on the quality and extent of utilization of CREATE research results and products;
  
• Support, where feasible, commercialization activities of CREATE research products;
  
• Select and nominate candidates to the Executive Committee for the two at-large
• Members to serve on the Executive Committee;
  
• Review and provide input to the existing research programs;
  
• Suggest new research programs;
  
• Receive information and publications on CREATE research.
  
• Approve changes in the Bylaws as defined in Article 6.3.

Executive Committee. The Executive Committee, comprised as described in Article 3.4, will act as an advisor to the Director to establish the following: CREATE will be managed under the direction of an Executive Committee, comprised as described in Article 3.4. The functions of the Executive Committee will include:

(a) Strategic goals, policies (subject to Article 1.2 above) and research agenda of CREATE;

(b) CREATE's Director in the manner provided in Articles 3.8 and 3.9 below and terminating CREATE's Executive Director;

(c) Budgets forof CREATE based on recommendations of the Executive CommitteeDirector;

(d) Out of budget expenditures (within limits established by the Executive Committee) before they are made;

(e) CREATE's research projects and overall performance;

(f) CREATE's staffing plan on the basis of recommendations of the Director;

(g) The membership of the Executive Committee in the manner provided in Article 3.4. below;

(h) Funding for research projects sponsored by individuals or groups of CREATE Members as provide in Article 5.28 below.

(i) Changes of the Bylaws to the IAB as provided in Article 6.3.

Composition of the Executive Committee.

Membership. The Executive Committee shall consist of the following members serving the terms indicated:

Regular voting members:
The Executive Director of CREATE (Term: 5 years);

• Each Platinum MemberSponsor (Term: One year);
  
• Four Members representing the Gold MembersSponsors determined as follows: The Gold MemberSponsor Representatives will be determined by a vote of all the Gold MembersSponsors in attendance at the annual IAB meeting. Each Gold MemberSponsor will receive one vote to cast per each $1000 (one thousand dollars) contributed through the membersmembership agreement. (Term: one year). Gold MembersSponsors may nominate a primary and seconday representative to the Executive Committee. Primary and secondary should represent a common industry, but need not be from the same company.;
  
• Two At-Large Members. These will be selected by the Executive Committee members from nominations as recommended by the IAB (Term: one year).
  
  Non-voting Members.
  
  
• The Director of CREATE (Term: 5 years);
  
• Technical Advisors as recommended by the Director, IAB or Executive Committee members that will advise, consult or otherwise provide assistance to the Executive Committee.
  
  (a) The Executive Committee may, by unanimous vote of the regular voting members, waive any requirement for membership on the Executive Committee.
  
  (b) Members of the Executive Committee may serve consecutive or multiple terms if so qualified by either membership status or by re-election according to the terms of these bylaws.

Executive Committee Procedures. The Executive Committee may conduct meetings in person or by telephone conference call, and members may vote in person, by telephone or by written proxy (which may be delivered electronically). A majority of the regular voting members of the Executive Committee constitutes a quorum. The following actions require a three-quarters vote of all regular voting members of the Executive Committee:

(a) Recommend aApproval of CREATE's budget and any out-of-budget expenditures for which Executive Committee approval is required;

(b) Recommend aApproval of CREATE's annual research projects;

(c) Change in the number of members on the Executive Committee;

(d) Change in the method of selecting Executive Committee members;

IAB Procedures. The IAB will conduct their annual business at the annual IAB meeting. A majority of the regular voting members of the IAB constitutes a quorum. The following actions require a three-quarters vote of all regular voting members of the IAB.

(a) Recommended research projects and directions for Executive Committee

(b) Recommended nominations for at-large members for Executive Committee

(c)Approval of by-law changes per Article 6.3

Director. CREATE will be directed by a Director who will report administratively to the Dean of the College of Engineering and Applied Sciences through the Director of the Del E. Webb School of Construction.. The Director will work with and receive policy direction guidance from the Executive Committee. The Director will have technical expertise and interest in Advanced Technology Environments and will be capable of managing an efficient, emerging research enterprise. He or she will be a member of the faculty or staff of Arizona State University College of Engineering and Applied Sciences. The Director will have overall responsibility for:

(a) Day-to-day management of CREATE;

(b) Contributing, as a member of the Executive Committee, to the development of overall direction and vision for CREATE;

(c) Providing sound fiscal judgment;

(d) Supervising CREATE employees;

(e) Maintaining high quality, productive research, training and education programs;

(f) Conducting a comprehensive technology transfer and economic development program; and

(g) Executing Executing CREATE's Executive Committee policies and directions and acting in compliance with these Bylaws.

Selection of the Director. If the position of Director becomes vacant or if an incumbent Director is not re-appointed, the Director will be selected in the following manner:

(a) The Executive Committee will determine selection criteria for the Director by three-quarters vote.

(b) The University will form a search committee for the Director, and will include one of the IAB members of the Executive Committee on that search committee. The search committee will, in accordance with University hiring policies (including without limitation affirmative action procedures), select up to three qualified candidates as finalists.

(c) The Executive Committee will recommend select the Director from the field of finalists by unanimous vote to. the Director of the Del E. Webb School of Construction for appointment. If none of the finalists can command a unanimous vote, then the search committee will repeat the search process.