Facilities and Equipment Use Agreement

This Agreement (the "Agreement") is made and entered into on this ____ day of
______________, 20___, between ARKANSAS STATE UNIVERSITY (“ASU”) and
___________________________ (“Employee”).
In consideration of the mutual covenants hereinafter set forth and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ASU and
Employee agree as follows:
1. TERM OF AGREEMENT.
This Agreement shall commence as of the date of this Agreement and terminate
_______________ unless earlier terminated in accordance with the provisions hereof.
2. PURPOSE OF AGREEMENT
A part of the mission of Arkansas State University is to provide service. From time to
time, ASU employees contract with sources outside the university for research, studies,
evaluations, or other activities (“Third Party Agreement”). When these outside activities are
performed on ASU property utilizing ASU facilities and equipment, it is appropriate that the
employee compensate ASU for the cost of conducting these activities. ASU is agreeable to
providing facilities and equipment for conducting third party agreements for reasonable
compensation. Employee is agreeable to paying reasonable compensation to ASU for use of
facilities and equipment to conduct third party agreements.
3. APPROVAL OF THIRD PARTY AGREEMENTS
When ASU facilities or equipment are being used to perform third party agreements, those
third party agreements must be approved by the office of
to ensure that all legal requirements are met and that no conflict of interest exists.
4. USE OF FACILITIES AND EQUIPMENT
Upon approval of a third party agreement, ASU will make available to employee the
following facilities and equipment
. Said facilities shall be available during regular working hours or during such times as employee
requires said facilities to perform the tasks of the third party agreement.
5. OBLIGATIONS AND DUTIES OF THE EMPLOYEE.
The Employee shall pay to ASU
for use of facilities and equipment to conduct the Third Party Agreement. Employee shall keep
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said facilities in good and safe working order and shall immediately report any damage to facilities
or equipment occurring during the course of performing activities pursuant to the third party
contract. Employee shall indemnify and hold harmless ASU for any damages, whether in tort or
contract, arising from the Third Party Agreement. Employee shall comply with all requirements
of the Faculty Handbook of Policies and Procedures in conducting said Third Party Agreement,
including any provisions related to intellectual property created as a result of that agreement.
6. TERMINATION.
Either party may terminate this agreement before its term upon giving thirty days written
notice.
7. IMMUNITY
Arkansas State University is an agency of the State of Arkansas. Both the Eleventh
Amendment to the United States Constitution and Constitution of the State of Arkansas grant
sovereign immunity to the State and its agencies. Because of the Constitutional grant of
sovereign immunity, Arkansas State University has no authority to enter into a covenant or
agreement to hold a party harmless or to indemnify a party from damages. Any claim for
damages against Arkansas State University must be presented to the Arkansas State Claims
Commission. Nothing in this contract is intended to nor shall it waive the sovereign immunity of
Arkansas State University. Any provision of this contract which is in conflict with the laws of the
State of Arkansas is null and void.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties and supersedes any
contemporaneous or previous written or oral agreements, representations or undertakings
concerning the matters and arrangements provided for in this Agreement. No supplement,
modification or amendment to this Agreement will be binding unless such supplement, modification or amendment is in writing and signed by all parties.
9. WAIVER
A waiver of any provisions of this Agreement will not be considered a waiver of any other
provision, whether or not similar, nor will any waiver on one occasion constitute a continuing or
permanent waiver.
10. NOTICE
Any request, notice or other communication to be given under this Agreement must be in
writing and delivered personally or by messenger, private mail, courier service, facsimile or sent
by registered, certified mail, return receipt requested, or postage prepaid, as follows:
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To Arkansas State University :
___________________________
Jonesboro, Arkansas
To Employee: ___________________________
___________________________
___________________________
All notices will be considered effective (i) upon receipt if delivered personally or by messenger or
private mail courier, (ii) on the business day of successful transmission by facsimile or (iii)
otherwise on the third business day after deposit in the U.S. mail.
11. HEADINGS
Captions of the articles and sections of this Agreement are for convenience only and must
not be interpreted or construed to explain, modify, amplify or aid in the interpretation, construction
or meaning of any provision of this Agreement.
12 SUCCESSORS
The terms, warranties and agreements herein contained shall bind and inure to the benefit
of the respective parties hereto, and their respective legal representatives, successors and assigns.
13 ADDITIONAL DOCUMENTS
The parties shall execute any additional documents reasonably necessary to effectuate the
provisions and purposes of this Agreement.
14. COUNTERPARTS
This Agreement may be executed in one or more counterparts, including facsimile copies,
each of which will be considered to be an original. All those counterparts together will constitute
the same instrument, which may be sufficiently evidenced by one counterpart. The signing of this
Agreement at different times and places by the parties will not affect the validity of this
Agreement.
15. SEVERABILITY
Any provisions herein declared invalid under any law shall not invalidate any other
provision of this Agreement.
16. APPLICABLE LAW
This Agreement and the documents provided for herein shall be governed by, and
construed in accordance with, the laws of the State of Arkansas.
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IN WITNESS WHEREOF, the parties have respectively signed this Agreement by their
duly authorized officers as of the date and year first above written.
EMPLOYEE:
ARKANSAS STATE UNIVERSITY
By