This Agreement is entered into by Iowa State University of Science and Technology, on behalf of its Extension and Outreach Division, Ames, Iowa 50011 (“ISU”), and (“Customer”). The effective date of this Agreement shall be the date on which the last party signs this Agreement. Attachment A is incorporated into this Agreement by reference.
1. Scope and Performance of Program
ISU shall perform the program(s) described in Attachment A (“Program”). Unless stated otherwise in this Agreement, ISU shall provide personnel and materials required for the Program to be completed. ISU shall use reasonable efforts to perform the Program requested within the projected costs and time period indicated in this Agreement. In the event ISU’s costs exceed the projected price or in the event Program cannot be performed within the time desired, ISU will notify Customer as soon as reasonably possible. Customer shall have the option of terminating this Agreement or continuing the Program for an additional cost or, if feasiable, an extension of time.
Contact for ISU shall be . Contact information for Customer is provided in Attachment A.
4. Payment Terms
In consideration of the Program, Customer shall pay ISU $ as set forth in Attachment A. In the event that Customer cancels for any reason, except for extraordinary causes beyond the reasonable control of Customer, Customer shall remain obligated for the full amount set forth in this paragraph unless notified by ISU.
ISU shall issue an invoice or invoices to Customer, and the Customer shall pay such invoices within thirty (30) days of receipt. Checks should be made payable to Iowa State University of Science and Technology. Customer shall submit the payments to ISU at the following address:
ISU Treasurer’s Office
1220 Beardshear Hall
Iowa State University
Ames, Iowa 50011-2044
5. Obligations of Customer
If Customer is to furnish facilities, equipment or materials to be used in performing Program, they are identified in Attachment A.
6. Ownership of Materials and Presentations
The Program and all related materials provided by ISU shall remain the property of ISU. Customer is provided a license to use the material in connection with the Program, but Customer may not copy or distribute the material without the express written consent of ISU. ISU further owns all rights to the Program and related materials. The Program shall not be recorded or taped in any form without the express written consent of ISU.
ISU makes no claims of any kind with respect to the Program and shall not be liable for Customer’s reliance on any statements or demonstrations made during the Program. ISU’s maximum obligation to Customer for cause of action arising under this Agreement, including failure to perform, shall not exceed the amount actually paid to ISU by Customer under Article 4.
8. Publicity and Use of Name
Neither party shall use the name of the other party, nor the name of any member of the project staff in any publicity or advertisement, whether with respect to this Agreement or any other related matter, without the prior written approval of an authorized representative of the other party.
This Agreement may not be assigned or transferred by either party without the prior written consent of the other party.
10. Complete Agreement/Governing Law
This Agreement including any attached exhibits, represents the complete agreement of the parties. No amendments to this Agreement shall be binding upon ISU unless signed by ISU. This Agreement cancels, supersedes and revokes all prior negotiations, representations and agreements between the parties, whether oral or written relating to the subject matter of this Agreement. The terms and conditions of any purchase order or similar document submitted by Customer in connection with the services provided under this Agreement shall not be binding upon ISU. This agreement shall be governed by the laws of Iowa and any action to enforce this Agreement shall be brought only in Story County, Iowa.
IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY
Federal EIN: _______________________________________________________
PROGRAM DETAILS: Description of Program to be performed by ISU:
Description of Results and Deliverables to be provided by ISU (if applicable):
Time Period for Performing Services (date, time, location):
Identify any accommodations, equipment or materials to be provided by Customer:
Other Customer Materials:
Fee and Payment Schedule: Fees:
Customer’s Address for Receipt of Invoices: