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The statute applies to individual engagements and to Speakers who receive compensation for multiple engagements totaling
or exceeding $7,000 throughout the calendar year. Speaker must make a reasonable effort to notify Marquette if Speaker
anticipates multiple engagements equaling or exceeding $7,000 in compensation in a given calendar year. Speaker must
post the Bond Amount with the Wisconsin Department of Revenue and provide reasonable proof of filing to Marquette at
least seven days before the engagement. If proof of filing is not provided, or if Speaker elects to post the Bond Amount
before the engagement, Marquette must withhold the appropriate Bond Amount from the Speaker's total compensation. The
parties will execute the "Rider to Contract - Nonresident Entertainer" form ("Rider") for this purpose and attach it to this
Agreement as Exhibit A. The withheld funds must be submitted to the State of Wisconsin Department of Revenue within 5
days of the engagement.
Restrictions on Compensation to Non-Resident Aliens. If Speaker is a non-resident alien entering the U.S. to speak at
the above-referenced engagement, Speaker acknowledges that it is Speaker's sole responsibility to obtain appropriate non-
immigrant classification before entry Into the U.S. Speaker must provide reasonable documentation to substantiate speaker's
non-Immigrant status (i.e., passport entry stamp) before Speaker receives compensation. Speaker understands that if he or
she fails to obtain appropriate non-Immigrant classification or fails to provide proof of same, Marquette may be prohibited
from paying Speaker the compensation enumerated above. In addition, Speaker represents that he or she is in compliance
with the provisions of INA 3212(q) concerning the above compensation, including, but not limited to the following: (1)
Speaker's engagement at Marquette will not exceed nine (9) days; and (2) 3 Speaker has not accepted similar payments
from more than five (5) institutions or organizations within the past six months.
6. Miscellaneous. This Agreement shall be governed by and construed exclusively in accordance with the laws of
the State of Wisconsin. This Agreement may not be assigned without the written consent of the other party. Any
signed document transmitted by fax shall be considered an original document and shall have the binding and legal
effect of an original document.
7. University Purchase Order. Any purchase order issued by Marquette in connection with this Agreement is
intended to establish payment authority for Marquette’s internal accounting purposes. The terms and conditions of
any such purchase order do not constitute a counteroffer, amendment, modification, revision, or supplement to the
terms of this Agreement, and no term or condition of any such purchase order shall be part of this Agreement. It is
agreed, however, that, all invoices not referencing a valid University Purchase Order Number for the amount
invoiced will be rejected, and the total amount invoiced or paid under this Agreement may not be greater than the
amount stated on the University Purchase Order(s) applicable to this Agreement.
8. Deposit/Payment. Marquette shall not make an advance payment or deposit nor post bond. Marquette shall pay
the Total Compensation set forth above via a single check upon completion of the performance. If the Speaker
Agreement is not received by Marquette at least ten working days prior to the Engagement, payment will be mailed
to Speaker after the event.
9. Taxes. Both parties agree and acknowledge that Speaker shall be solely responsible for any and all taxes owed as
a result of payments by Marquette to, or on behalf of, Speaker. See the provisions below concerning additional
withholdings required by Wisconsin law.
10. Approval of Other/Substitute Speakers. Both parties agree that the appearance of any other speakers with
Speaker will be subject to the approval of Marquette. Speaker agrees that any substitutions will be subject to
advance approval by Marquette. If Marquette does not approve the proposed substitution(s), this Speaker
Agreement shall be rescinded and Marquette shall not be obligated to make any payments under it.
11. Force Majeure/Cancellation. Neither party shall be considered in default in the performance of its obligations
under this Agreement if such performance is prevented or delayed by Force Majeure. Force Majeure shall be
understood to be any cause which is beyond the reasonable control of the party affected and which is forthwith, by
notice from the party affected, brought to the attention of the other party, including but not limited to, war, hostilities,
revolution, civil commotion, strike, lockout, epidemic, accident, fire, wind or flood or because of any law, order,
proclamation, ruling, regulation or ordinance of any government or subdivision of government or because of any act
of God. If Marquette cancels the performance for reasons other than force majeure, payment equal to fifty percent
(50%) of the speaker fee set forth herein shall be paid to Speaker. If Speaker cancels the Engagement for reasons
other than force majeure, Speaker shall reimburse Marquette for any actual expenses incurred by Marquette
relating to the performance.
12. Control over Performance. Marquette and Speaker shall have joint control over the production, presentation and
performance. Marquette is not bound by any constitution, bylaws, rules or regulations of any organization to which
the Speaker may belong.
13. Subject Matter. Speaker agrees to refrain from presenting and performing material that contravenes the moral
teachings of the Catholic faith or is contrary to Marquette’s Jesuit mission and philosophy. If Speaker presents or
performs such material, as determined solely by an authorized Marquette representative, Marquette reserves the
right to end the presentation or performance immediately and shall not be obligated to pay Speaker the speaker
fee.
