g. Consultant hereby certifies that it is an Equal Employment Opportunity employer and that it
complies with the provisions set forth in Executive Order 11246, as amended, and with all other
applicable state and federal statutes and regulations that prohibit discrimination in the workplace,
including but not limited to Department of Labor regulations and The Rehabilitation Act of 1973,
as amended. The contract clauses set forth at 41 CFR sec. 60-1.4 (a) and (b), 41 CFR sec. 60-1.7,
41 CFR sec. 60-250.4 and 41 CFR sec. 60-741.4 are hereby made a part of this agreement.
h. Consultant agrees not to use Brandeis’s name or any other identifying characteristic in connection
with any advertising or promotion related or pertaining to the work performed under this
Agreement without the prior express written permission of Brandeis.
i. Each party agrees to indemnify, defend and hold the other harmless from any loss, liability, cost or
damages arising from actual or threatened claims or causes of action resulting from
negligence, gross negligence or intentional misconduct of the party indemnifying or its
respective officers, directors, employees, agents, contractors, members, participants or
attendees (as applicable), provided that with respect to officers, directors, employees, and
agents, such individuals are acting within the scope of their employment or agency as
applicable.
j. Each party may terminate this agreement upon written notice to the other, provided that no such
termination shall relieve either party from any obligation incurred prior to the date of termination.
k. This contract is subject to the provisions of the Anti-Kickback Enforcement Act of 1986, Public
Law 99-634 (41 U.S.C. sec. 51-58). By agreeing to this binding Agreement, the transacting
parties (1) certify that they have not paid kickbacks directly or indirectly to any employee of
Brandeis University for the purpose of obtaining this or any other agreement, purchase order or
contract from Brandeis University and (2) agree to cooperate fully with any federal Agency
investigating a possible violation of the Act. Copies of the statute and the pertinent regulations
may be obtained from Brandeis University upon request of the Office of Affirmative Action and
Government Regulation Compliance.
l. Consultant represents that it maintains and is covered by the following insurance:
a. Personal automobile liability insurance.
b. Corporate automobile liability insurance, if applicable.
c. Worker’s compensation and employers’ liability insurance, consistent with all
statutory regulations of the Commonwealth of Massachusetts, if applicable.
m. Consultant agrees to maintain in full force and effect a policy or policies of the required liability
insurance, in form and substance satisfactory to Brandeis, under which Brandeis is named as
additional insured. Upon request, Consultant shall provide a Certificate of Insurance.
n. Consultant certified that he/she has never been convicted of any criminal offense other than:
a. A misdemeanor more than five years ago, or
b. A first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or
disturbance of the peace.
o. Consultant further certifies that he/she does not have any criminal charges pending or any open
arrest warrants. Consultant agrees to provide Brandeis with a copy of the results of Consultant's
own Criminal Offender Record Information check, or its equivalent, and a Sexual Offender
Registry Information check, or its equivalent upon request.
