this contract made this___ day of _________ ____ by and between middle tennessee state university (institution) and____________(contractor)
w i t n e s s e t h
whereas the institution desires to purchase and the contractor desires to provide certain entertainment services the parties hereby agree to the terms and conditions set forth herein
1the contractor will provide entertainment consisting of _________________________
2the entertainment will be provided at institution’s facilities located at _______________
3entertainment performance will begin at __________________________
4institution will provide additional access to its facilities as follows access to theatre and dressing rooms as agreed upon in attached contract addendum
5institution will be responsible for providing the following equipmentservices sound lighting and electrical service as required
6the contractor will be responsible for providing the following equipmentservices (sound lighting security etc)
7institution shall make payment to the contractor by university check in the amount of __________ made payable to ________ (ein______________) upon completion of the entertainment performance
8the institution shall be responsible for any applicable amusement or sales tax
9the contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of the state of tennessee as wages compensation or gifts in exchange for acting as officer agent employee subcontractor or consultant to the contractor in connection with any services performed relative to this contract the contractor further warrants that within the past six months he has not been and during the terms of this contract will not become an employee of the state of tennessee
10the institution reserves the right to interrupt or terminate the entertainment or any portion thereof if during the entertainment performance the institution determines in its sole discretion that such action is warranted to maintain security or compliance with federal state or local laws or regulations of tennessee board of regents policy such action in and of itself shall not affect the institution’s obligation for payment under the terms of this contract provided however that payment may be withheld if such interruption or termination is necessary due to a failure by the contractor to observe institution policies of which it has been informed
11the contractor agrees to assume full responsibility for payment of any and all copyright royalties due for the entertainment performance provided hereunder the contractor further agrees to assume full responsibility for any copyright infringement which occurs during the course of said performance and agrees to indemnify and hold the institution harmless from any and all liabilities and damages arising out of any action for copyright infringement
12no person on the grounds of race color religion sex creed age disability national origin or veteran status will be excluded from participation in or be denied benefits of or otherwise be subjected to discrimination in the performance of this agreement or in the employment practices of the contractor
13the contractor shall maintain documentation for all charges against the institution under this agreement the books records and documents of the contractor insofar as they relate to work performed or money received under this agreement shall be maintained for a period of three full years from the date of the final payment and shall be subject to audit at any reasonable time and upon notice by the institution or the comptroller of the treasury or their duly appointed representatives
14the undersigned agent on behalf of the contractor warrants that heshe has the authority to execute this agreement on behalf of the performing artists and further warrants that the performing artists have agreed to be bound by the terms and conditions stated herein
15any and all claims against the institution for personal injury or property damage resulting from the negligence of the institution in performing any responsibilities specifically required under the terms of the agreement shall be submitted to the claims commission of the state of tennessee in the manner prescribed by law damages recoverable against institution shall be limited expressly to claims paid by the claims commission pursuant to tca section 98301 et seq
in witness thereof the parties through their authorized representatives have affixed their signatures below
see attachments
middle tennessee state university contractor
by___________ by_____________
john w cothern vice president
business & finance
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