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Independent Contractor Entity 101813

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INDEPENDENT CONTRACTOR
AGREEMENT – ENTITY
This Independent Contractor Agreement (“Agreement”) is entered into by and between ORAL
ROBERTS UNIVERSITY, 7777 S. Lewis, Tulsa OK 74171 (“ORU”), and
______________________________________________, a(n) ____________________________
whose address is _____________________________________________ (“CONTRACTOR”). In
consideration of the mutual covenants of this Agreement, the parties hereby agree as follows:
1. Scope of Work. ORU hereby engages CONTRACTOR to furnish the work and perform
the services described in Exhibit “A” attached to this Agreement (“Subject Matter”) at times
mutually agreed upon by the parties and CONTRACTOR agrees to furnish the work and perform
the services constituting the Subject Matter. CONTRACTOR shall supply, at CONTRACTOR’s
sole expense, all equipment, tools, materials, and/or supplies to accomplish the Subject Matter.
2. Price and Payment. ORU agrees to pay CONTRACTOR in accordance with the Price and
Payment terms set forth in Exhibit “A” and CONTRACTOR agrees to accept such amounts as full
payment for all the work and services provided pursuant to this Agreement.
3. Term. This Agreement is effective as of date of execution by the parties and shall
terminate on the earlier of full completion of the Subject Matter by CONTRACTOR or
__________________.
4. Independent Contractor Relationship. CONTRACTOR is an independent contractor and
is not an employee, servant, agent, partner or joint venturer of ORU. CONTRACTOR has no
authority to enter into contracts or agreements on behalf of ORU except as authorized in writing by
ORU. ORU shall determine the nature of work to be done by CONTRACTOR, but
CONTRACTOR retains the sole and absolute discretion and judgment in the methods, techniques
and procedures to be used, and CONTRACTOR shall determine the legal means by which the
Subject Matter is performed, except as required by applicable law or by ORU’s policies.
CONTRACTOR shall conduct its activities under this Agreement in a manner so as to maintain the
good will and reputation of ORU. This Agreement is for performance by CONTRACTOR, is not
assignable by CONTRACTOR, and CONTRACTOR represents and warrants that no individual or
entity other than CONTRACTOR shall perform any work related to the Subject Matter.
CONTRACTOR’S employees shall not be entitled to receive any benefits from ORU including
workers’ compensation coverage, unemployment compensation, medical/health insurance, life
insurance, paid leave, or retirement.
5. Expenses, Employees and Taxes. CONTRACTOR shall be solely responsible for any
expenses incurred in performing the Subject Matter. ORU is not responsible for withholding and
shall not withhold taxes of any kind from any payments to CONTRACTOR. CONTRACTOR
shall be solely responsible for paying any and all taxes and other expenses of CONTRACTOR
arising out of or relating to this Agreement.
6. Indemnity. CONTRACTOR shall indemnify and hold ORU (and its affiliates, officers,
directors, agents, employees and contractors) harmless from any claims, demands, or causes of
action resulting from: (a) any expenses incurred in performing the Subject Matter; (b) personal
injury, death, and damage to or loss of property, arising out of or occurring in connection with the
performance of Subject Matter which is caused in whole or in part by CONTRACTOR; and (c)
any claim by any taxing authority referring or relating to any payments made by ORU to
CONTRACTOR pursuant to this Agreement.
7. Confidentiality. In connection with the performance of the Subject Matter, ORU may
disclose confidential, proprietary, personally identifying or trade secret information
("Information") to CONTRACTOR on a confidential basis. With respect to Information disclosed
under this Agreement, CONTRACTOR shall hold the Information in strict confidence, exercising
a high degree of care; use the Information only in connection with Subject Matter; and not copy,
disclose, publish, use or distribute such Information or knowingly allow anyone else to copy,
disclose, publish, use or distribute such Information. Information is the property of ORU and upon
request, CONTRACTOR shall return all Information received in tangible form to ORU and will
destroy or erase (to the extent possible) Information that is in an intangible form and will certify to
ORU that the Information has been returned, destroyed or erased.
8. Performance. Contractor warrants, represents, covenants and agrees that all of the Work
to be performed by Contractor under or pursuant to this Agreement shall be of the standard and
quality that prevails among similar businesses and organizations with the knowledge and skill
engaged in providing similar services under the same or similar circumstances. Contractor
warrants, represents, covenants and agrees that the Work will be accurate and free from any
material errors. Contractor warrants, represents, covenants and agrees that it shall, at its own cost,
correct any defects in the Work as soon as is practical after Contractor becomes aware of such
defects or is notified of such defects.
9. Insurance. Contractor, consistent with its status as an independent contractor, shall
maintain in effect throughout the term of the this Agreement insurance necessary for the conduct
of its operations and Work, which at a minimum shall be Worker’s Compensation Insurance with
statutory limits and Commercial General Liability Insurance for at least One Million Dollars
($1,000,000.00) per occurrence on an occurrence basis. Upon request, Contractor shall deliver to
University evidence of all such insurance.
10. Scope of Agreement. This Agreement shall benefit and be binding upon the parties hereto
and their respective successors and assigns, except that this Agreement may not be assigned by
CONTRACTOR without prior written authorization of ORU. This Agreement may be terminated
by ORU upon thirty (30) days written notice to the CONTRACTOR. The obligations of
confidentiality contained in this Agreement shall survive and continue indefinitely with regard to
the Information. This Agreement shall be governed by and construed in accordance with the laws
of the State of Oklahoma without regard to choice of law principles. All actions and proceedings
arising out of this Agreement shall be brought in a Court with jurisdiction and venue in Tulsa
County, Oklahoma. The parties acknowledge that in the event of an unauthorized disclosure, the
damages incurred by ORU may be difficult if not impossible to ascertain, and that ORU may seek
injunctive relief as well as monetary damages for breach of this Agreement. This Agreement
constitutes the entire understanding between the parties with respect to the subject matter hereof.
No amendment or modification of this Agreement shall be valid or binding on the parties unless
made in writing and executed on behalf of each party by its duly authorized representative.
This Agreement shall be effective as of _______________________.
“ORU” “CONTRACTOR”
ORAL ROBERTS UNIVERSITY
By: ________________________________
By: _________________________________
Title: ________________________________
Title: _________________________________
EXHIBIT “A”
SCOPE AND SUBJECT MATTER OF WORK AND COMPENSATION
Pursuant to the Independent Contractor Agreement (“Agreement”) between
__________________________________________ (“CONTRACTOR”) and Oral Roberts
University (“ORU”), CONTRACTOR shall perform the following services:
The Price shall be as follows: ________________________________________________________.
The Payment terms shall be Net 30 days from completion of the Subject Matter.
Initials: Initials:
______________ ____________
CONTRACTOR ORU
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Independent Contractor Entity 101813

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Completed 25 February 2020

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