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payment-for-provider settlement Board of Regents of the Nevada system of bigger schooling on behalf of the institution of Nevada, Reno, workplace of the vp for analysis and Innovation, Nevada center for utilized analysis (NCAR) This charge-for-service agreement, herein called “contract”, is made between the Board of Regents of the Nevada device of greater schooling on behalf of the college of Nevada, Reno, Nevada core for applied analysis, herein known as "tuition," and “enterprise Entity.” IN CONSIDERATION of the count number described above and for mutual advantages and responsibilities set forth in this agreement, the school and business Entity (in my opinion the “party” and jointly the “events” to this agreement) agree as follows: factor of contact, address and make contact with number: point of contact, tackle and get in touch with number: For enterprise Entity: (identify, title, handle and call number required) For tuition branch/undertaking: Rebecca Albion Shared research amenities Coordinator Nevada core for applied research tuition of Nevada, Reno, MS 0525 Reno, NV 89557 (775) 784-4781
remark of work. The school is of the same opinion to give here provider(s) (connect extra pages if vital) (together, the “Work”):
foremost Investigator. This Work can be supervised by way of _______(“fundamental Investigator”). If for some thing motive, predominant Investigator is unable to proceed to enhance this mission and a successor, ideal to both institution and company Entity is not accessible, this agreement will probably be terminated as supplied in Article 4.
either birthday celebration may terminate this agreement for convenience and with out cause at any time upon the giving of at least seven (7) days’ prior written be aware to the different birthday celebration.
in the adventure that both birthday party hereto shall commit any breach of or default in any of the terms or situations of this settlement, and additionally shall fail to treatment such default or breach inside thirty (30) days after receipt of written notice thereof from the different celebration hereto, the birthday party giving notice may, at its choice and also to another treatments which it may possibly have at legislation or in equity, terminate this settlement by using sending note of termination in writing to the different birthday party to such impact, and such termination will be useful as of the date of the receipt of such notice.
Upon termination for any reason, university could be reimbursed for all prices and non-cancelable commitments incurred in the efficiency of the Work and not yet paid for.
The university is of the same opinion to provide the Work described above within ______ from the date the contract is fully carried out through both events hereto, but in no event shall this contract exceed two (2) years. Estimated birth date for the Work is ________.
company Entity shall pay tuition the fee of as much as and no greater than _______ for the Work described above. fee will be made in response to right here schedule:
_______ % due upon execution of the settlement;
_______ % % due _______ days from the birth date of the Work;
_______ % % due _______ days days after duration of efficiency ends.
Make exams payable to “Board of Regents” and send to school at the tackle listed above.
enterprise Entity shall indemnify, defend (with information of school’s picking out), and hold harmless university and its respective affiliates, officers, brokers, employees, and accepted successors and assigns against any and all claims, losses, damages to person or property, liabilities, penalties, punitive damages, fees, budget friendly felony expenses and charges of any kind or amount whatsoever, which directly or ultimately effects from or come up out of any act or omission of enterprise Entity, its respective associates, officers, agents, personnel, and authorized successors and assigns that occurs in connection with this contract. This indemnification will survive the termination of this contract.
To the extent confined in accordance with NRS forty one.0305 to NRS 41.039, the college shall indemnify, safeguard, and hold innocent company Entity and its respective affiliates, officers, agents, personnel, and authorised successors and assigns against any and all claims, losses, damages to grownup or property, liabilities, penalties, punitive damages, fees, not pricey legal costs and costs of any variety or amount in any respect, which at once or in a roundabout way consequences from any act or failure to behave by way of the tuition or any of its officers or employees, which may additionally occur in reference to this contract. The college will assert the defense of sovereign immunity as appropriate in all instances, together with malpractice and indemnity actions. The tuition’s indemnity responsibility for moves sounding in tort is limited based on the provisions of NRS forty one.035.
highbrow Property. The events hold ownership of any highbrow property created in advance of the helpful date and no license to such is implied. within the experience that new intellectual property is created right through the time period of this agreement, possession of such intellectual property shall follow inventorship or authorship. highbrow property created completely by using company Entity might be owned by using enterprise Entity. intellectual property created entirely with the aid of institution personnel will probably be owned through tuition. intellectual property created by way of both business Entity and college personnel will probably be collectively owned and the parties shall negotiate in first rate religion the management and disposition of such intellectual property.
Proprietary data. apart from as in any other case required through legislation, including however not restrained to pursuant to a legitimate court order or as required beneath the Nevada Public facts Act, college will exercise within your budget efforts to retain in self assurance proprietary counsel disclosed or submitted to university through business Entity that is distinct in writing as exclusive assistance at the time of disclosure ("exclusive counsel"). confidential tips doesn’t include tips which:
may be attainable within the public area or becomes purchasable to the public through no act of the university;
Is independently commonly used in advance of receipt thereof or is discovered independently with the aid of an worker of the institution who had no entry to the suggestions presented by the company Entity beneath this agreement; or
Is made accessible to the institution as a rely of lawful correct by using a 3rd party.
tuition retains the right to refuse to settle for this sort of assistance which isn’t considered to be elementary to the completion of the Work. The responsibilities of the tuition below this paragraph shall live on and proceed for one (1) year after this contract ends.
Neither birthday celebration shall use the identify of the different, or that of any of its trustees, officers, school, college students, personnel, or brokers, or any trademark owned by means of the different in any promoting or different kind of publicity devoid of the superior written permission of the different birthday celebration. besides the fact that the foregoing, university may expose the existence of this agreement in a statement, online, or otherwise, all through the life of this contract with the prior written approval of the enterprise Entity, such approval not to be unreasonably withheld. extra, the events conform to cooperate with every different in preparing, reviewing, and approving such disclosures either parties’ acclaim for every disclosure not to be unreasonably withheld.
No college Representations or Warranties: tuition MAKES NO illustration OR guarantee, express OR IMPLIED, involving THE WORK OR otherwise IN connection with THIS settlement, AND HEREBY EXCLUDES ANY assurance OF MERCHANTABILITY, SUITABILITY OR health FOR a specific intention, OR NONINFRINGEMENT. THE WORK is equipped “AS IS”. enterprise ENTITY AND ITS personnel USE THE WORK AT THEIR own risk.
although anything to the opposite contained in this agreement, and to the highest extent approved by means of legislation, in no event will school be liable or prone to enterprise Entity for any incidental damages, consequential damages, exemplary damages of any variety, lost goodwill, misplaced earnings, misplaced enterprise, and/or any indirect economic damages in any respect even with whether such damages arise from claims primarily based upon contract, negligence, tort (including strict legal responsibility or other criminal conception), or a breach of any covenant (categorical or implied) of this contract, and even with no matter if school changed into informed or had motive to understand of the probability of incurring such damages in increase.
This contract is subject to and might be interpreted based on the legal guidelines of the State of Nevada. All parties hereto consent to the own jurisdiction of any state or federal court of equipped jurisdiction determined in Washoe County, Nevada and to the service of technique by using any means authorized by way of this type of state or federal courtroom or under the laws of the State of Nevada. Venue for any criminal dispute will be Washoe County, Nevada.
This contract shall be binding upon and inure entirely to the improvement of the events, and shall now not be assignable with the aid of both birthday celebration without the prior written consent of the different party.
If both birthday party is delayed or avoided from the performance of any act required hereunder (with the exception of enterprise Entity’s price responsibilities) by reason of acts of God, strikes, lockouts, labor troubles, civil disease, terrorism (including but no longer limited to hacking), acts of struggle, severe climate, lack of ability to procure materials, restrictive governmental laws or regulations, or different cause with out fault and beyond the good value handle of the celebration, efficiency of such act will be excused for the duration of lengthen.
in the event no money or inadequate cash are appropriated and budgeted or are otherwise purchasable to the tuition in any fiscal duration for obligations due from the institution below this contract, together with however no longer restrained to presenting the Work, then this settlement shall terminate on the last day of the fiscal length for which appropriations have been bought, with out penalty, charge, or price to the school of any kind in any respect. university concurs to give written observe to enterprise Entity of this eventuality, should it take place.
Export Controls: enterprise Entity further expressly acknowledges and consents that:
company Entity shall comply with all relevant u.s. and overseas laws and rules controlling the export of technical statistics, laptop application, laboratory prototypes, and all different export managed commodities;
company Entity accepts full accountability for guaranteeing appropriate controls, together with the implementation of effective technology manage plans as relevant, with recognize to the work it undertakes in reference to this contract that is discipline to U.S. export manage legal guidelines including, but not restricted to the international traffic in fingers rules and the Export Administration laws;
tuition Work, services, materials, machine, or facilities utilized in the success of this agreement are not used for a aim prohibited with the aid of relevant export manage legal guidelines, including these regarding nuclear, chemical, or biological weapons proliferation, and missile technology.
business Entity shall now not, directly or in a roundabout way, re-export any managed commodities to which it positive factors access under this settlement, until the mandatory authorization and/or license is obtained from the appropriate govt agency(ies) ahead of export;
enterprise Entity shall no longer supply institution with any export-controlled objects (e.g., commodities, utility, advice, or expertise) devoid of ample prior written be aware and tips, together with Export controlled Classification Numbers (ECCNs) for EAR-managed objects, U.S. Munitions record (USML) categories if ITAR-managed, or other valuable determining advice. within the adventure it’s crucial to expose technical statistics which are regulated beneath export controls, enterprise Entity shall evidently mark such facts as “Export controlled.”
company Entity shall ensure that its analysis beneath this contract will not consist of the participation, at any degree, of corporations and/or individuals on the Denied folks listing; the Unverified list; the Entity record; the primarily special Nationals checklist; the Debarred checklist; or the Nonproliferations Sanctions list; and
without limiting to the indemnification necessities contained in area 7, company Entity shall indemnify, shelter (with guidance of university’s deciding upon), and dangle innocent tuition and its respective affiliates, officers, agents, personnel, and approved successors and assigns from and against any and all liabilities, penalties, fines, claims, losses, expenses, lawsuits, judgments, and/or costs, including lawyer expenses, arising either at once or ultimately from its violation of ITAR, EAR, and/or another export handle law mandated by using federal law. This indemnification will live on the termination of this agreement.
Nothing in this settlement will likely be deemed in any way to create between the events hereto any relationship of partnership, joint venture, or affiliation, and the parties hereto hereby disclaim the existence of any such relationship. The parties agree that business Entity, its brokers and personnel aren’t agents or personnel of institution. company Entity might be solely liable for the actions and omissions of its agents and employees beneath this agreement.
Execution of agreement: This contract shall now not develop into positive or in force until all the under-named events have completely performed this contract as indicated by way of their signatures.
This agreement carries the total settlement between enterprise Entity and the tuition related to the discipline remember of the agreement. This agreement supersedes any prior agreements, understandings or negotiations, whether written or oral. This contract may well be amended simplest through a written document executed via all parties.
For company Entity: (identify, title, and date required) For Board of Regents of the Nevada equipment of higher schooling on behalf of the tuition of Nevada, Reno: (Signature of Carlos Cardillo, Director, NCAR, and date required) (Signature of Charlene Hart, Assoc. VP, research Admin., and date required) Drafting a Contingent price agreement Founder/president of the inventive reference writer The Archive LLC, Tom Streissguth has been a self-employed enterprise owner, impartial bookseller and freelance author in the school/library market. keeping a bachelor’s diploma from Yale, Streissguth has posted more than one hundred works of background, biography, existing affairs and geography for younger readers. pattern contract to Mediate sample settlement to Mediate
agreement TO MEDIATE
here’s an settlement between ______________________ and _________________ and James C. Melamed, J.D., hereinafter "mediator," to enter into mediation with the intent of resolving here considerations: _______________________ _______________________________________________________________________ _______________________________________________________________________.
The events and the mediator take into account and agree as follows:
1. Nature of Mediation
The events hereby appoint and continue James C. Melamed, J.D., lawyer at legislation, as mediator. The parties understand that mediation is an contract-attaining manner wherein the mediator assists events to attain settlement in a collaborative and counseled method. It is understood that the mediator has no vigour to come to a decision considerations for the parties. The parties take into account that mediation is not an alternative to unbiased legal assistance. The events are inspired to comfortable such tips right through the mediation process and are suggested to achieve unbiased criminal overview of any formal mediated agreement earlier than signing that contract. The events remember the mediator has an duty to work on behalf of all parties and that the mediator cannot render particular person criminal suggestions to any party and should now not render therapy nor arbitrate in the mediation.
2. Scope of Mediation
The events remember that it’s for the parties, with the mediator’s concurrence, to verify the scope of the mediation and this can be achieved early in the mediation technique.
three. Mediation is Voluntary
All events here state their decent faith intention to comprehensive their mediation by using an agreement. it’s, however, understood that any party might also withdraw from or droop the mediation process at any time, for any cause.
The events additionally understand that the mediator can also suspend or terminate the mediation if he feels that the mediation will lead to an unjust or unreasonable outcomes; if the mediator feels that an deadlock has been reached; or if the mediator determines that he can no lengthy quite simply operate his facilitative position.
It is thought between the parties and the mediator that the mediation will be strictly confidential. Mediation discussions, any draft resolutions and any unsigned mediated agreements shall no longer be admissible in any courtroom or different contested continuing. handiest a mediated contract signed by using any parties should be so admissible. The simplest other exceptions to this confidentiality are if all parties waive confidentiality in writing or in an action introduced through any birthday celebration against the mediator. The parties agree not to name the mediator to testify in regards to the mediation or to give any materials from the mediation in any courtroom continuing between the parties. The mediation is regarded by the events and the mediator as agreement negotiations. All events also keep in mind and agree that the mediator may also have deepest caucus meetings and discussions with any person birthday celebration, wherein case all such conferences and discussions will probably be private between the mediator and the caucusing birthday celebration.
5. Full Disclosure
each and every birthday party is of the same opinion to wholly and honestly divulge all vital information and writings as requested with the aid of the mediator and all suggestions requested through any other birthday celebration, if the mediator determines that the disclosure is principal to the mediation discussions. In family unit mediation instances, each and every celebration concurs to thoroughly and precisely reveal all profits, property and accounts.
6. Mediator Impartiality
The parties remember that the mediator must remain neutral right through and after the mediation manner. as a consequence, the mediator shall now not champion the hobbies of any party over another in the mediation nor in any court docket or other continuing.
7. Coordination with prison suggestions
The parties agree that the mediator may additionally focus on the parties’ mediation technique with any attorney any party may additionally preserve as particular person assistance. Such discussions will no longer consist of any negotiations except the parties instruct the mediator that their attorney(s) have negotiating authority. The mediator will provide copies of correspondence, draft agreements and written documentation to unbiased felony counsel at a party’s request.
The parties and the mediator agree that the fee for the mediator will be $___ per hour for time spent with the events and for time required to study documents, research concerns, correspond, mobilephone name, put together draft and ultimate Agreements, and do such other issues as could be reasonably imperative to facilitate the parties attaining full contract. The mediator shall even be reimbursed for all costs incurred as part of the mediation method.
A fee of $___ toward the mediator’s charges and expenses can be paid to the mediator together with the signing of this settlement. Any unearned quantity of this retainer payment can be refunded to the events. The events will likely be collectively and severally liable for the mediator’s expenses and expenses. As between the parties simplest, accountability for mediation fees and charges might be: _________________________________________________.
The events could be provided with a month-to-month accounting of expenses and costs by the mediator. price of such expenses and expenses is because of the mediator no later than 15 days following the date of such billing, unless otherwise agreed in writing. There shall be a 1.0% month-to-month provider cost on bills now not paid by means of the remaining day of the month.
should still charge not be timely made, the mediator may, in his sole discretion, cease all work on behalf of the events, including the drafting and/or distribution of the events’ agreement, and withdraw from the mediation. If assortment or courtroom action is taken with the aid of the mediator to collect costs and/or prices beneath this agreement, the prevailing birthday party in this kind of action and upon any enchantment therefrom shall be entitled to legal professional expenses and fees therein incurred.
DATED this ____ day of _________________________, 201_..