Attachment A
Additionally, any resultant contract/agreement will include the following:
1. Nothing in this Agreement shall be deemed to waive the sovereign immunity of the State of
Arkansas, Arkansas Tech University, the Arkansas Tech University Board of Trustees, or
Arkansas Tech University administrators, officers, faculty, staff, employees or agents.
2. This Agreement shall be governed by the laws of the State of Arkansas. The exclusive
jurisdiction for any dispute by Company regarding this agreement shall, pursuant to A.C.A.
§19-10-204, shall be the Arkansas State Claims Commission.
3. Company agrees that it is solely responsible for complying with all laws as well as obtaining
all required permission, licenses, or other authority for all items, services, goods, products, or
activities that it performs or provides. Violation by Company or its employees of local, state
or federal law during the performance of the contract shall permit the University to cancel
this contract immediately with no penalty. Further, Company states that it is in compliance
with all applicable laws and further, that it has or will obtain all required and necessary rights,
licenses, titles, and permits necessary for all items, services, goods, products, or activities to
be performed or provided. Company further agrees to fully indemnify and hold harmless
Arkansas Tech University from any and all copyright, copyright infringement, license,
royalties, title or other claims that arise or are made as a result of Company’s service, goods,
product, or activity on the campus of, or provided to, Arkansas Tech University.
4. Company agrees that it will be solely responsible for any harm, damage or injury that it, its
product, its equipment, its goods, its service, or its employees, agents or guests cause or
permit to occur to any person or their real or personal property as the result of Company’s
actions or failure to act. Company further agrees to fully indemnify and hold harmless
Arkansas Tech University from any and all losses, damages, or expenses, including
reasonable attorney’s fees, arising out of or resulting from claims or actions for bodily injury,
death, sickness, property damage, financial loss, or other injury or damage caused by
Company’s product, goods, service or otherwise, as well as all claims alleging any negligent
act or omission of Company, its employees, subcontractors, or agents.
5. The parties shall comply with all federal, state and local laws as required in connection with
the performance of their obligations under this Agreement, including but not limited to,
Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as
amended, and the Vietnam Era Veteran’s Readjustment Act of 1974, as amended. The
parties hereby incorporate the requirements of 41 C.F.R. §60-1.4(a) (7), 60-250.5 and 60-
741.5, if applicable.
6. Upon the signing of this Agreement by all parties, terms of the Agreement shall become
available to the public, pursuant to the provisions of A.C.A. §25-18-501.
7. Licensor shall obtain and maintain in force and effect at all times during the term of this
contract, at its sole expense, a general commercial liability insurance policy which policy
shall have minimum limits of one million dollars ($1,000,000.00) per occurrence and two
millions dollars ($2,000,000.00) in the aggregate.