Utah Sample Contracts

Oportun Financial CorpWEBBANK and OPORTUN, INC. RECEIVABLES RETENTION FACILITY AGREEMENT Dated as of February 5, 2021 (February 23rd, 2021)

This RECEIVABLES RETENTION FACILITY AGREEMENT (this “Agreement”), dated as of February 5 , 2021 (“Effective Date”), is made by and between WEBBANK, a Utah-chartered industrial bank having its principal location in Salt Lake City, Utah (“Bank”), and OPORTUN, INC., a Delaware corporation, having its principal location in San Carlos, California (“Company”).

ALPINE DISPUTE RESOLUTION CENTER d/b/a ADR CENTER (February 23rd, 2021)
Powerbridge Technologies Co., Ltd.Securities Purchase Agreement (February 23rd, 2021)

This Securities Purchase Agreement (this “Agreement”), dated as of January 8, 2021, is entered into by and between Powerbridge Technologies Co., Ltd., a Cayman Islands corporation (“Company”), and Uptown Capital, LLC, a Utah limited liability company, its successors and/or assigns (“Investor”).

Oportun Financial CorpAMDENDED AND RESTATED CREDIT CARD PROGRAM AND SERVICING AGREEMENT (February 23rd, 2021)

This AMENDED AND RESTATED CREDIT CARD PROGRAM AND SERVICING AGREEMENT (this “Agreement”), dated as of February 5, 2021 (“Effective Date”), is made by and between WEBBANK, a Utah-chartered industrial bank having its principal location in Salt Lake City, Utah (“Bank”), and OPORTUN, INC., a Delaware corporation, having its principal location in San Carlos, California (“Company”).

Skywest IncINDEMNIFICATION AGREEMENT (February 22nd, 2021)

THIS INDEMNIFICATION AGREEMENT is entered into as of [DATE], by and between SkyWest, Inc., a Utah corporation (the “Company”), and [NAME], an individual (“Indemnitee”).

Vivakor, Inc.OPTION AGREEMENT (February 12th, 2021)

This Option Agreement (this "Agreement"), dated as of July 9th, 2019 (the "Effective Date"), is entered into between Tar Sands Holdings II, LLC, a Utah limited liability company ("Optionor''), and Vivakor, Inc., a Nevada corporation ("Optionee").

Vivakor, Inc.AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF RPC Design and Manufacturing LLC (February 12th, 2021)

THE SECURITIES OFFERED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 NOR APPROVED OR DISAPPROVED BY THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION NOR BY THE SECURITIES REGULATORY AUTHORITY OF ANY STATE, NOR HAS ANY COMMISSION OR AUTHORITY PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR ADEQUACY OF ANY DISCLOSURE MADE IN CONNECTION THEREWITH. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. THE SECURITIES OFFERED HEREBY MAY NOT BE RESOLD WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933 AND APPLICABLE STATE SECURITIES LAWS OR EXEMPTION THEREFROM. ANY TRANSFER OF THE SECURITIES REPRESENTED BY THIS AGREEMENT IS FURTHER SUBJECT TO OTHER RESTRICTIONS, TERMS AND CONDITIONS WHICH ARE SET FORTH IN THIS AGREEMENT.

Vivakor, Inc.AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF VIVA OPPORTUNITY FUND, LLC (February 12th, 2021)

THE SECURITIES OFFERED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 NOR APPROVED OR DISAPPROVED BY THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION NOR BY THE SECURITIES REGULATORY AUTHORITY OF ANY STATE, NOR HAS ANY COMMISSION OR AUTHORITY PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR ADEQUACY OF ANY DISCLOSURE MADE IN CONNECTION THEREWITH. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. THE SECURITIES OFFERED HEREBY MAY NOT BE RESOLD WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933 AND APPLICABLE STATE SECURITIES LAWS OR EXEMPTION THEREFROM. ANY TRANSFER OF THE SECURITIES REPRESENTED BY THIS AGREEMENT IS FURTHER SUBJECT TO OTHER RESTRICTIONS, TERMS, AND CONDITIONS WHICH ARE SET FORTH IN THIS AGREEMENT.

ADVERTISING SERVICES TERMS (February 10th, 2021)

This Advertising Insertion Order Services Agreement (hereafter referred to as the “Agreement”) is entered into on the Approval Date, as indicated in the Advertising Insertion Order Authorization section, by and between Box Top Advertising Inc. , a Licensed Dealer of/and representing property and services of TSTT Enterprise LLC (DBA One Stone), a Utah Limited Liability Company (“AGENCY”) and the Brand/Company Purchasing Advertising (the “Advertiser”), each separately a “Party” and collectively the “Parties.”

Quotient Technology Inc.SUBLEASE AGREEMENT (February 10th, 2021)

THIS SUBLEASE AGREEMENT (“Sublease”), is entered into as of the 8th day of February, 2021 (“Effective Date”), by and between sPower, LLC (formerly known as FTP Power LLC), a Delaware limited liability company (“Sublandlord”), and Quotient Technology Inc., a Delaware corporation (“Subtenant”). Sublandlord and Subtenant are referred to collectively in this Sublease as the "Parties" or, individually, as a “Party."

The9 LTDSecurities Purchase Agreement (February 9th, 2021)

This Securities Purchase Agreement (this “Agreement”), dated as of February 2, 2021, is entered into by and between The9 Limited, a Cayman Islands corporation (“Company”), and Streeterville Capital, LLC, a Utah limited liability company, its successors and/or assigns (“Investor”).

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, ... (February 9th, 2021)

This Novell Software License Agreement ("Agreement") is a legal agreement between You (an entity or a person) and Novell, Inc. ("Novell"). However, if You obtained the Software in Europe, the Middle-East or Africa, any license under this Agreement is granted to You by, or on behalf of, Novell Ireland Software Limited. The software product identified in the title of this Agreement, media (if any) and accompanying documentation (collectively the "Software") is protected by the copyright laws and treaties of the United States ("U.S.") and other countries and is subject to the terms of this Agreement. If You do not agree with the terms of this Agreement, do not download, install or otherwise use the Software and, if applicable, return the entire unused package to the reseller with Your receipt for a refund.

UTAH STUDENT DATA PRIVACY AGREEMENT (February 5th, 2021)

WHEREAS, the Contractor has agreed to provide the Local Education Agency (“LEA”) with certain digital educational services (“Services”) pursuant to a contract dated

Cottonwood Communities, Inc.ADVISORY AGREEMENT among COTTONWOOD COMMUNITIES, INC. and COTTONWOOD COMMUNITIES O.P., LP and CC ADVISORS III, LLC August 13, 2020 (February 3rd, 2021)

This Advisory Agreement (this “Agreement”), effective as of August 13, 2020 is entered into by and among Cottonwood Communities, Inc., a Maryland corporation (the “REIT”), Cottonwood Communities O.P., LP (the “Operating Partnership”) and CC Advisors III, LLC, a Delaware limited liability company (the “Advisor”). The Operating Partnership, the REIT and their subsidiaries are collectively referred to herein as the “Company.”

SPI Energy Co., Ltd.SE C U R I T I E S PU R C H A S E AG R E E M E N T (February 2nd, 2021)

THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of February 1, 2021, is entered into by and between SPI ENERGY CO., LTD., a Cayman Islands corporation (“Company”), and STREETERVILLE CAPITAL, LLC, a Utah limited liability company, its successors and/or assigns (“Investor”).

Bond Agreement for Completion of Proposed Improvements (February 2nd, 2021)

THIS BOND AGREEMENT (this “Agreement”) is made and entered into effective , 20 , by and among Herriman, a municipal corporation of the State of Utah whose address is 5355 West Herriman Main Street, Herriman, Utah 84096 (the “City”), the undersigned, who is the owner (or soon to be owner) of real property that is located within the City (referred to in this Agreement as “Developer”), and the undersigned escrow agent (“Escrow Agent”).

Bond Agreement for Completion of Proposed Improvements (February 2nd, 2021)

, by and between HERRIMAN, a municipal corporation of the State of Utah, whose address is 5355 West Herriman Main Street, Herriman, Utah 84096 (the “City”), and the undersigned, who is the owner (or soon to be owner) of real property that is located within the City (referred to in this Agreement as “Developer”).

Cottonwood Communities, Inc.SECOND AMENDED AND RESTATED THREE-PARTY AGREEMENT (February 1st, 2021)

This Second Amended and Restated Three-Party Agreement (this “Agreement”), effective as of January 26, 2021, is entered into by and among Cottonwood Communities, Inc., a Maryland corporation (“CCI”), Cottonwood Communities O.P., LP, a Delaware limited partnership (“CCOP”) and CC Advisors III, LLC, a Delaware limited liability company (“CC Advisors”). CCI, CCOP and CC Advisors are individually referred to as a “Party” and collectively referred to as the “Parties.”

PRECEDENT AGREEMENT FOR (February 1st, 2021)

THIS PRECEDENT AGREEMENT FOR FIRM TRANSPORTATION SERVICE (“Agreement”), is made and entered into this __________ day of _________, 200__, by and between KERN RIVER GAS TRANSMISSION COMPANY, a Texas general partnership (“Kern River”) and _____________, a ___________________ corporation (“Shipper”).

The Patlee Living Revocable Trust Agreement (January 31st, 2021)

This living revocable Trust Agreement is made this 1st day of August, 2014. It is executed in duplicate between Lee R. Phillips and Patsy S. Phillips, acting in their various current property ownership capacities, and Lee R. Phillips and Patsy S. Phillips, acting in their new fiduciary capacities as Trustees of the Trusts created by this Trust Agreement. When acting in their current ownership capacities, Lee R. Phillips and Patsy S. Phillips will be referred to individually or jointly, throughout this Trust Agreement, as the Undersigned or by their names, Lee and Patsy. When acting in their new capacities as Trustees, Lee R. Phillips and Patsy S. Phillips will be referred to, individually and jointly, throughout this Trust Agreement as the Trustees or the Trustee.

SinglePoint Inc.NOTE SETTLEMENT AGREEMENT (January 29th, 2021)

This Note Settlement Agreement (this “Agreement”) is entered into as of January 27, 2021 (the “Effective Date”) by and among Iliad Research and Trading, L.P., a Utah limited partnership (“Iliad”), UAHC Ventures LLC, a Nevada limited liability company (“UAHC Ventures”, and together with Iliad, “Lender”), and SinglePoint Inc., a Nevada corporation (“Borrower”). Capitalized terms used in this Agreement without definition shall have the meanings given to them in the respective Notes (defined below). Each of Borrower and Lender is sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

POWER PURCHASE AGREEMENT BETWEEN SPRING CANYON ENERGY, LLC. AND PACIFICORP (January 28th, 2021)

THIS AGREEMENT, entered into this ____ day of ____________ 2005, is between Spring Canyon Energy, LLC (“Seller”) and PacifiCorp (“PacifiCorp”) (each, a “Party” and collectively, the “Parties”).

Subscription Agreement (January 27th, 2021)

Waterford Research Institute, LLC (“Waterford“ or “we”) has developed certain programs, products and technology, as further described and defined below, to provide educational and learning services to educational institutions, entities, educators, parents and guardians and individuals. The educational institution, entity, educator, parent, guardian or individual identified during registration (“Customer” or “you“) desires to subscribe to the Subscription Service providing access to Waterford’s Products for the benefit of certain student Users, and Waterford desires to provide access to the Products through the Subscription Service, on the terms and conditions set forth below.

AGREEMENT NO. 2020-_1075 (January 26th, 2021)

THIS AGREEMENT, made and entered into this 16th day of December , 2020, by and between UTAH COUNTY, a body corporate and politic of the State of Utah, hereinafter referred to as the COUNTY, and THE CITY OF VINEYARD, a political subdivision of the State of Utah, hereinafter referred to as CITY.

AGREEMENT FOR ACCESS TO WEB PORTAL (January 26th, 2021)
PRECEDENT AGREEMENT FOR FIRM TRANSPORTATION SERVICE (January 23rd, 2021)

THIS PRECEDENT AGREEMENT FOR FIRM TRANSPORTATION SERVICE ("Agreement"), is made and entered into this day of ____________, 2001, by and between KERN RIVER GAS TRANSMISSION COMPANY, a Texas general partnership ("Kern River") and _____________________ ENRON NORTH AMERICA CORP. a Delaware corporation ("Shipper").

Jaguar Health, Inc.NOTE PURCHASE AGREEMENT (January 22nd, 2021)

THIS NOTE PURCHASE AGREEMENT (this “Agreement”), dated as of January 19, 2021, is entered into by and among JAGUAR HEALTH, INC., a Delaware corporation (“Company”), NAPO PHARMACEUTICALS, INC., a Delaware corporation and subsidiary of Company (“Napo,” and together with Company, “Borrower”), and STREETERVILLE CAPITAL, LLC, a Utah limited liability company, its successors and/or assigns (“Investor”).

Jaguar Health, Inc.SECURITY AGREEMENT (January 22nd, 2021)

THIS SECURITY AGREEMENT (this “Agreement”), dated as of January 19, 2021, is executed by Napo Pharmaceuticals, Inc., a Delaware corporation (“Napo”), in favor of Streeterville Capital, LLC, a Utah limited liability company (“Secured Party”).

THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES. (January 22nd, 2021)

YOU AGREE TO THE TERMS OF THIS AGREEMENT EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR EXECUTING A CONTRACT THAT REFERENCES THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN INSTITUTION OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

FORM OF TRANSPORTATION SERVICE AGREEMENT (Applicable to Transportation Service Under Rate Schedule KRF‑1) (January 21st, 2021)

THIS AGREEMENT is made and entered into this ___ day of _________, 2001by and between KERN RIVER GAS TRANSMISSION COMPANY, a Texas general partnership, hereinafter called "Transporter," and _______________ ENRON NORTH AMERICA CORP. hereinafter called "Shipper"

The Mint Passage : Group Program Agreement (January 20th, 2021)

This Group Program Agreement, hereinafter referred to as "Agreement," is made between the group program organizer ("Organizer"), specifically as follows:

SPONSORSHIP AGREEMENT BETWEEN CHADWICK BOOTH & CO. (January 20th, 2021)

County Council, hereinafter referred to as “County,” and Chadwick Booth & Co., producer of the ‘The County Seat,’ a weekly television program in Cottonwood Heights, Utah and herein after referred to as “Producer/County Seat.”

DAVIS COUNTY THROUGH THE DAVIS COUNTY HEALTH DEPARTMENT SENIOR SERVICES IN-HOME SERVICE PROGRAMS (January 18th, 2021)

This DAVIS COUNTY STANDARD SERVICE PROVIDER CONTRACT (this “Contract”) is made and entered into by and between DAVIS COUNTY, a political subdivision of the State of Utah (“County”), and the following person or entity which shall be called “Service Provider” in this Contract:

OWNER’S REPRESENTATIVE SERVICES AGREEMENT (January 18th, 2021)

This OWNER’S REPRESENTATIVE SERVICES AGREEMENT is made this day of January , 2021, between the Park City School District, a political subdivision of the State of Utah (hereafter “PCSD”) and MOCA Systems, Inc., a Delaware corporation (hereafter “CONSULTANT”), whose local address is

UTAH STUDENT DATA PRIVACY AGREEMENT (January 17th, 2021)

This Utah Student Data Privacy Agreement (“DPA”) is entered into by and between the North Sanpete School District (hereinafter referred to as “LEA”) and Naviance, Inc. (hereinafter referred to as “Contractor”) on March 16, 2020. The Parties agree to the terms as stated herein.