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THIS AGREEMENT is made this ___________ day of ____________, 20____, by and between TENNESSEE TECHNOLOGICAL
UNIVERSITY FOUNDATION, hereinafter referred to as “Foundation,” and _____________________________________________
hereinafter referred to as “Contractor.”
Contractor Information:
Address:
City, State, Zip:
Federal ID Number (if company):
WITNESSETH:
In consideration of the mutual promises herein contained, the parties have agreed and do hereby enter into this Agreement according to
the provisions set out herein:
A. The Contractor agrees to perform the following services:
B. The Foundation agrees to compensate the Contractor as follows:
1.
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1915
AGREEMENT BETWEEN
TENNESSEE TECHNOLOGICAL UNIVERSITY FOUNDATION
AND ______________________________________
2.
3. Payments to the Contractor shall be made according to this schedule set out above, provided that payments shall be made only
upon submittal of invoices by the Contractor and after performance of the portion of the services which the invoiced amount
represents.ThenalpaymentshallbemadeonlyaftertheContractorhascompletelyperformeditsdutiesunderthisAgreement.
If the Contractor is a non-resident alien, payment of any portion of the contract from any source will not be made by the Foundation until
anIndividualTaxpayerIdenticationNumberorSocialSecurityNumberhasbeenassignedtotheContractorbytheInternalRevenue
Service and Immigration Naturalization Service and presented to the Foundation.
4. In no event shall the liability of the Foundation under this Agreement exceed $ ___________________________.
C. The parties further agree that the following shall be essential terms and conditions of this Agreement.
1.TheContractorwarrantsthatnopartofthetotalcontractamountprovidedhereinshallbepaiddirectlyorindirectlytoanyofcer
oremployeeoftheStateofTennesseeaswages,compensation,orgiftsinexchangeforactingasofcer,agent,employee,
subcontractor, or consultant to the Contractor in connection with any work contemplated or performed relative to this Agreement.
If the Contractor is an individual, the Contractor warrants that within the past six (6) months, he/she has not been and during the
term of the Agreement will not become an employee of the State of Tennessee.
2.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.
Thepartiesalsoagreetotakeafrmative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.
3. The Contractor, being an independent contractor and not an employee of the Foundation, agrees to carry adequate public liability
and other appropriate forms of insurance, to pay all taxes incident hereto, and otherwise protect and hold harmless the
FoundationfromanyandallliabilitynotspecicallyprovidedforinthisAgreement.
4. The term of this contract shall be from ______________________________ to ____________________________.
5. This Agreement may be terminated by either party by giving written notice to the other at least ____________ days before
the effective date of termination. In that event, the Contractor shall be entitled to receive just and equitable compensation from
any satisfactory authorized work completed as of the termination date.
6.IftheContractorfailstofulllintimelyandpropermannertheContractor’sobligationsunderthisAgreement,oriftheContractor
shall violate any of the terms of this Agreement, the Foundation shall have the right to immediately terminate this Agreement and
withhold payments in excess of fair compensation for work completed.
Notwithstanding the above, the Contractor shall not be relieved of liability to the Foundation for damages sustained by virtue of
any breach of this Agreement by the Contractor.
7.ThisAgreementmaybemodiedonlybywrittenamendmentexecutedbyallpartieshereto.
8. The Contractor shall maintain documentation for all charges against the Foundation under this Agreement. The books, records
and documents of the Contractor, insofar as they relate to work performed or money received under this Agreement, shall be
maintainedforaperiodofthree(3)fullyearsfromthedateofthenalpayment,andshallbesubjecttoaudit,atanyreasonable
time and upon reasonable notice, by the Foundation or their duly appointed representatives.
9.TheContractorshallnotassignthisAgreementorenterintosubcontractsforanyoftheworkdescribedhereinwithoutobtaining
the prior written approval of the Foundation.
10. Contractor shall submit periodic progress reports to the Foundation if requested by the Foundation.
11. This Agreement shall not be binding upon the parties until it is reviewed and approved by the parties as noted on the
signature page.
12.IfContractorwillhaveaccesstotheFoundation’scustomers’non-publicnancialinformation(e.g.,personalinformationthatis
maintainedbytheUniversitytoprovideanancialproductorservice)thefollowingGrammLeachBlileyAct(GLBA)clauseshall
apply to this agreement: “Throughout the term of this Agreement, Contractor shall implement and maintain ‘appropriate
safeguards,’asthattermisusedin§314.4(d)oftheFTCSafeguardRule,16C.F.R.§314,forall‘customerinformation,’as
thattermisdenedin§314.2(b)oftheFTCSafeguardRule,deliveredtoContractorbyUniversitypursuanttothisAgreement.
TheContractorshallimplementanInformationSecurityProgram(‘theProgram’)asrequiredbytheFTCSafeguardRule.
Contractor shall promptly notify the University, in writing, of each instance of (i) unauthorized access to or use of that nonpublic
nancialcustomerinformationthatcouldresultinsubstantialharmorinconveniencetoacustomeroftheUniversityor(ii)
unauthorizeddisclosure,misuse,alteration,destructionorothercompromiseofthatnonpublicnancialcustomerinformation.
Contractor shall forever defend and hold the Foundation harmless from all claims, liabilities, damages, or judgments involving a
thirdparty,includingFoundation’scostsandattorneyfees,whichariseasaresultofContractor’sfailuretomeetanyofits
obligations under this provision. Contractor shall further agree to reimburse the Foundation for its direct damages (e.g., costs to
reconstructlostoralteredinformation)resultingfromanysecuritybreach,loss,oralterationofnonpublicnancialcustomer
information caused by the Contractor or its subcontractors or agents.
ContractorgrantstheFoundationtherighttoconducton-siteaudits,asdeemednecessarybytheFoundation,oftheContractor’s
ProgramtoensuretheintegrityoftheContractor’ssafeguardingoftheFoundation’scustomers’nonpublicnancialinformation.
The Foundation retains the right to unilaterally terminate the Agreement, without prior notice, if Contractor has allowed a material
breachofitsPrograminviolationofitsobligationsundertheGLBA,ifContractorhaslostormateriallyalterednonpublicnancial
customerinformation,oriftheFoundationreasonablydeterminesthatContractor’sProgramisinadequate.
Within thirty (30) days of the termination or expiration of this Agreement, Contractor shall, at the election of the Foundation, either:
(1) return to the Foundation or (2) destroy (and shall cause each of its agents to destroy) all records, electronic or otherwise, in
itsoritsagent’spossessionthatcontainsuchnonpublicnancialcustomerinformationandshalldelivertotheFoundationa
writtencerticationofthedestruction.”
13. The Contractor shall comply with all applicable federal, state, and local laws and regulations in the performance of the Contract.
14. Compensation to the Contractor, if any, for travel, meals or lodging shall be in the amount of actual cost to the Contractor,
subjecttomaximumamountsandlimitationsspeciedintheTennesseeBoardofRegentspolicies,astheymaybefromtime
to time amended.
15. If applicable to this Contract, Contractor agrees to comply with relevant National Collegiate Athletic Association (“NCAA”)
legislation, interpretations and policies, located on the NCAA website at http://www.ncaa.org/ and as amended from time to time,
ontheuseofastudent-athlete’snameorlikeness.Thisdutytocomplyincludes,butisnotlimitedto,therequirementsfoundin
therelevantNCAADivisionManual,suchasNCAARule12.5.2“UseofStudentAthleteNameorLikeness.”Contractorfurther
agrees that it will immediately report any real or suspected violation of the NCAA legislation, interpretations, and/or policies to the
Tennessee Tech University Department of Intercollegiate Athletics. Contractor also acknowledges that this obligation is a material
term of this Contract.
16. Contractor is to be compensated from TTUF Banner Fund # _______________________________________
In witness whereof, the parties have by their duly authorized representatives set their signatures.
ReviewedandApprovedby:
CONTRACTOR:
By: __________________________________________
Title: _______________________________________
Date: _______________________________________
Reviewedby:
TENNESSEE TECHNOLOGICAL UNIVERSITY FOUNDATION:
By: _______________________________________
Title: Treasurer
Date: _____________________________________
Approved by:
TENNESSEE TECHNOLOGICAL UNIVERSITY FOUNDATION:
By: __________________________________________
Title:ExecutiveDirector
Date: _______________________________________
September 2011
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Completed 11 March 2020

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