G-030 Exhibit 8
This Agreement is made this day of , 20_ , by and between
Southwest Tennessee Community College ("Institution") and ("User") for the use of the
institution's facility as defined below.
W I T N E S S E T H:
In consideration of the mutual promises herein contained, the parties have agreed and do hereby
enter into this Agreement according to the provisions set forth herein:
1. The specific use of the facility for which the parties enter into this Agreement is (describe
2. The User shall have use of the facility from on to on
Additional times and purposes for which the User shall have access to the facility are as
3. In its use of the facility, the User shall have access to the following: (description/location
of specific areas/services of the facility available to the User including any restrictions on
such use).
1. Payment for use of the facility is to be
made as follows: (include amount, method, time,
place, and source, if applicable).
1. The following duties shall be the responsibility of the designated party:
2. A. Promotion and publicity shall be provided by:
3. B. The Institution shall provide equipment/services as follows:
4. C. The User shall provide equipment/services as follows:
5. D. Advance ticket sales shall be the responsibility of
6. E. The User shall register with the State of Tennessee sales tax division of the
Department of Revenue and shall issue to the Institution
a certificate of resale for
the rental of the facility.
7. F. The User will be responsible for the payment of all applicable amusement tax
and sales tax.
2. This Agreement may be terminated by either party upon giving days written notice
to the other party prior to
termination. This Agreement may be terminated without the
above described notice upon groun
ds that the facility has been rendered unusable or the
activity has been canceled due to an act of God. The Institution may also terminate this
Agreement if it becomes aware of any threat to personal or public safety arising from the
intended use. In all other events of cancellation of the activity, the User shall pay to the
institution all actual costs and/or "out of pocket" expenses incurred by the Institution,
including the expenses associated with any ticket refunds.
3. Concession rights for the activity shall be as follows: (designate specific concession,
party having right to each concession, restrictions on right to and conduct of each
concession and method of dividing revenue, if applicable.)
1. If music is to be performed, the parties agree to abide by the following copyright
and performance provisions:
2. A. The User hereby assures that all necessary copyright and royalty licenses
have been obtained from ASCAP, BMI, SESAC and any other performing rights
organization or the copyright owner for the performance to be presented under
the terms of this Agreement.
3. B. The User agrees to provide the Institution the prior written consent of SESAC,
Inc. or the copyright owner for copyrighted music or work for which SESAC is the
licensing agent.
4. C. The User agrees to indemnify, hold harmless and defend the Institution and
the State of Tennessee from and against any and all claims, demands or suits
G-030 Exhibit 8
which may be brought for copyright infringement allegedly arising in the course of
the performance presented under the terms of this Agreement. Such
indemnification shall extend to both criminal and civil actions and shall include
any and all loss, damage, penalty, court costs or attorneys' fees incurred by the
Institution as a result of such infringement.
5. D. The Institution shall promptly notify the User of any such claim brought against
the Institution or the State of Tennessee. The settlement or compromise of any
claim brought against the Institution or the state shall be subject to the approval
of the appropriate state officials, as required by T.C.A. Section 20-13-103.
4. The User hereby agrees to indemnify and hold the Institution harmless from any and all
liabilities arising out of its use of the facility, including, but not limited to, personal injury,
property damage, court costs and attorneys' fees.
5. The User agrees to comply with all federal, state and municipal laws, rules and
6. The User agrees to furnish proof of insurance or performance bond upon request by the
Institution as required by TBR Policy 1:03:02:50.
1. The parties agree to comply with Titles VI and VII of the Civil Rights Act of 1964,
Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation
Act of 1973, Executive Order 11,246, the Americans with Disabilities Act of 1990
and the related regulations to each. Each party assures that it will not
discriminate against any individual including, but not limited to, employees or
applicants for employment and/or students because of race, religion, creed,
color, sex, age, disability, veteran status or national origin.
2. The parties also agree to take affirmative action to ensure that applicants are
employed and that employees are treated during their employment without
regard to their race, religion, creed, color, sex, age, disability, veteran status or
national origin. Such action shall include, but not be limited to, the following:
employment, upgrading demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation,
and selection available to employees and applicants for employment.
7. This Agreement may be modified only by written amendment executed by all parties
8. The User warrants that no part of the total contract amount provided herein shall be paid
directly or indirectly to an officer or employee of the State of Tennessee as wages,
compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor
or consultant to the User in connection with work contemplated or performed relative to
this Agreement.
9. Any and all claims against the Institution under the terms of this Agreement shall be
submitted to the Board of Claims or the Claims Commission of the State of Tennessee.
Damages recoverable against the Institution shall be expressly limited to claims paid by
the Board of Claims or Claims Commission pursuant to T.C.A. Section 9-8-30l, et. seq.
10. The User shall maintain documentation for all charges against the Institution under this
Agreement. The books, records, and documentation of the User, insofar as they relate to
work performed or money received under this Agreement, shall be maintained in
conformity with generally accepted accounting principles for a period of three full years
from the date of the final payment and shall be subject to audit, at any reasonable time
and upon reasonable notice, by the Institution or the state Comptroller of the Treasury, or
their duly appointed representatives or a licensed independent public accountant.
11. This Agreement shall not be effective until approved by the President or designee, the
Vice Chancellor for Tennessee Technology Centers or designee, or the TBR, as
In witness whereof, the parties, through their authorized representatives, have affixed their
signatures below.
G-030 Exhibit 8
BY: _________________________________________________________________________
TITLE: __________________________________________________________________________
DATE: _________________