Common use of Pursuant to T Clause in Contracts

Pursuant to T. C.A. § 12-3-309(b), Contractor attests that Contractor will not knowingly utilize the services of illegal immigrants in the performance of this Contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of this Contract. Contractor certifies that Contractor has either registered with the State of Tennessee’s Department of Revenue for or does not make sales of goods or services that are subject to the collection of Tennessee sales and use tax, as required by T.C.A. § 12-3-306, and will provide proof of compliance upon request. Contractor agrees, as applicable, to comply with relevant National Collegiate Athletic Association (NCAA) legislation, interpretations and policies, located on the NCAA website and as amended from time to time, on the use of a student-athlete’s name or likeness. This duty to comply includes, but is not limited to, the requirements found in the relevant NCAA Division Manual, such as NCAA Rule 12.5.2 “Use of Student Athlete Name or Likeness.” Contractor further agrees to immediately report any real or suspected violation of the NCAA legislation, interpretations, and/or policies to Xxxxxx Xxxxxxxx, at XXxxxxx@xxxxxx.xxx. Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief, neither it nor any of its subcontractors, if applicable, is on the Iran Divestment Act (T.C.A. §§ 00-00-000 et seq.) list of entities or persons ineligible to contract with the State of Tennessee. Contractor agrees that, if applicable to this Contract, Tennessee Tech will possess all rights to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of the Contractor’s performance under the contract. The Parties acknowledge and agree that Contractor’s work under this Contract shall belong to Tennessee Tech as "work-made-for-hire" (as such term is defined in U.S. Copyright Law). To the extent Contractor’s work is not deemed to constitute “work-made-for-hire,” Contractor hereby assigns and transfers to Tennessee Tech all of Contractor’s right, title and interest in and to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of Contractor’s performance under this Contract. Contractor certifies, to the best of its knowledge and belief, that it and its principals:

Pursuant to T. C.A. § 129-38-309(b307(a)(1)(L), no contract is binding on Tennessee Tech unless it is a written contract executed by one (1) or more state officers or employees with authority to execute the contract. If Contractor attests that Contractor will not knowingly utilize the services of illegal immigrants in the performance fails to timely or properly perform its obligations, or violates any term of this Contract, Tennessee Tech may immediately terminate this Contract and will withhold payments in excess of fair compensation for completed services. Contractor is liable to Tennessee Tech for damages sustained by virtue of Contractor’s breach and agrees to pay Tennessee Tech’s attorney fees to enforce the Contract terms. Contractor shall not knowingly utilize assign or subcontract any portion of this Contract without Tennessee Tech’s prior written consent. Contractor certifies its compliance with applicable federal and state laws, rules and regulations and Tennessee Tech policies with respect to Conflict of Interest, including, but not limited to the services following: Pursuant to T.C.A. § 12-4-103, Contractor acknowledges that it is unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any subcontractor interest in the selling of the same to the state; Pursuant to TTU Policy 000, Xxxxxxxx xx Xxxxxxxx, Xxxxxxxxx Tech prohibits purchases of merchandise, equipment, materials or similar commodities from a Tennessee Tech employee’s business or from a family member’s business. Family member, as defined by the policy, means a spouse or child dependent or non-dependent of Tennessee Tech employee, unless otherwise defined by statute. Pursuant to TTU Policy 000, Xxxxxxxx xx Xxxxxxxx, Xxxxxxxxx Tech prohibits service contracts with an individual who will utilize is, or within the services past six months has been a state employee. Contracts with the employee’s spouse, a company or corporation in which a controlling interest is held by any state employee or the employee’s spouse shall be considered, for the purpose of illegal immigrants applying this rule, to be a contract with said individual. No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by federal, or Tennessee constitutional or state laws shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract. Contractor certifies that Contractor has either registered with the shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. The State of Tennessee’s Department of Revenue for or does not make sales of goods or services that are subject Tennessee and Tennessee Tech shall be entitled to monitor this Contract to the collection of Tennessee sales and use tax, as required extent allowed by T.C.A. § 12-3-306602, and Contractor shall maintain books and records related to this Contract for three (3) years from the date of final payment. Either party’s failure to insist in any one or more cases upon the strict performance of any term, covenant, condition, or provision of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. If any provision of this Contract is held invalid, the surviving provisions will provide proof of compliance upon requestremain enforceable. Contractor agreesis an independent contractor and is not an agent of the State whatsoever. Contractor agrees to carry adequate public liability and other appropriate forms of insurance and to pay all applicable taxes incident to this Contract. Tennessee Tech reserves the right to establish appropriate insurance requirements as it sees fit. The State of Tennessee is self-funded and does not carry or maintain commercial general liability insurance or medical, as applicableprofessional or hospital insurance. Contractor agrees that the Tennessee Claims Commission shall have exclusive jurisdiction to resolve complaints related to this Contract. Should an event, to comply with relevant National Collegiate Athletic Association (NCAA) legislation, interpretations and policies, located on the NCAA website and as amended from time to time, on the use of a student-athlete’s name or likeness. This duty to comply includes, including but is not limited to, war, act of God, riot, or natural disaster, beyond a party’s reasonable control occur, that party will be excused from performing its obligations under the requirements found in contract, provided the relevant NCAA Division Manual, such as NCAA Rule 12.5.2 “Use of Student Athlete Name or Likeness.” Contractor further agrees to immediately report any real or suspected violation following provisions are met: (1) The affected party must promptly notify the other party of the NCAA legislationoccurrence of the event, interpretationsits effect on performance, and/or policies and how long that party expects it to Xxxxxx Xxxxxxxxlast, at XXxxxxx@xxxxxx.xxx. Contractor certifies, under penalty of perjury, and (2) the affected party shall update that information as reasonably necessary and use reasonable efforts to limit damage to the best other party and to resume its performance under the Contract. In addition, Tennessee Tech may, in its sole discretion, cancel the contract due to reasons including, but not limited to, health concerns, pandemic, or other similar condition. This Contract shall be governed by the laws of its knowledge and belief, neither it nor any of its subcontractors, if applicable, is on the Iran Divestment Act (T.C.A. §§ 00-00-000 et seq.) list of entities or persons ineligible to contract with the State of TennesseeTennessee without regard to its choice of law principles. Contractor shall comply with all applicable federal, state and local laws and regulations and applicable Tennessee Tech policies and procedures. This Contract is subject to the appropriation and availability of state and/or federal funds. Pursuant to T.C.A. § 12-3-305(c)(2), Tennessee Tech may, upon written notice to Contractor, terminate the Contract at the end of any fiscal year in the event that funds are not appropriated or are otherwise unavailable for the Contract’s continuance. Contractor agrees that, if applicable to this Contract, indemnify and hold harmless Tennessee Tech will possess as well as its officers, agents, and employees from and against any and all rights claims, liabilities, losses, causes of action, and attorney fees which may arise, accrue, or result to any creationsperson, inventionsfirm, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared bycorporation, or are developed in other entity which may be injured or damaged as a result of acts, omissions, or negligence on the course part of the Contractor’s performance under the contract. The Parties acknowledge and agree that Contractor’s work under this Contract shall belong to Tennessee Tech as "work-made-for-hire" (as such term is defined in U.S. Copyright Law). To the extent Contractor’s work is not deemed to constitute “work-made-for-hire,” Contractor hereby assigns and transfers to Tennessee Tech all of Contractor’s right, title and interest in and to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared byits employees, or are developed in the course of Contractor’s performance under this Contract. Contractor certifies, to the best of any person acting for or on its knowledge and belief, that it and its principals:behalf.

Pursuant to T. C.A. § 9-8-307(a)(1)(L), no contract is binding on Tennessee Tech unless it is a written contract executed by one (1) or more state officers or employees with authority to execute the contract. Contractor certifies its compliance with applicable Federal and State laws, rules and regulations and Tennessee Tech policies with respect to Conflict of Interest, including, but not limited to the following: Pursuant to T.C.A. § 12-4-103, Contractor acknowledges that it is unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any interest in the selling of the same to the state; Pursuant to TTU Policy 000, Xxxxxxxx xx Xxxxxxxx, Xxxxxxxxx Tech prohibits purchases of merchandise, equipment, materials or similar commodities from a Tennessee Tech employee’s business or from a family member’s business. Family member, as defined by the policy, means a spouse or child dependent or non-dependent of Tennessee Tech employee, unless otherwise defined by statute. Pursuant to TTU Policy 000, Xxxxxxxx xx Xxxxxxxx, Xxxxxxxxx Tech prohibits service contracts with an individual who is, or within the past six months has been a state employee. Contracts with the employee’s spouse, a company or corporation in which a controlling interest is held by any state employee or the employee’s spouse shall be considered, for the purpose of applying this rule, to be a contract with said individual. No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by federal or Tennessee constitutional or state laws shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract. The Contractor shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notice of nondiscrimination. Contractor agrees to complete an annual Title VI Survey or cooperate with a Title VI compliance audit if it receives federal funds under this Contract. Contractor is an independent contractor and is not an agent of the State whatsoever. Contractor agrees to carry adequate public liability and other appropriate forms of insurance and to pay all applicable taxes incident to this Contract. Tennessee Tech reserves the right to establish appropriate insurance requirements as it sees fit. Contractor agrees to indemnify and hold harmless Tennessee Tech as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, causes of action, and attorney fees which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of Contractor, its employees, or any person acting for or on its behalf. If Contractor fails to timely or properly perform its obligations, or violates any term of this Contract, Tennessee Tech may immediately terminate this Contract and withhold payments in excess of fair compensation for completed services. Contractor is liable to Tennessee Tech for damages sustained by virtue of Contractor’s breach and agrees to pay Tennessee Tech’s attorney fees to enforce the Contract terms. Tennessee Tech may, in its sole discretion, allow Contractor a period to cure a breach within a time specified by Tennessee Tech and on terms solely determined by Tennessee Tech. If applicable to this Contract, Contractor must comply with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). If applicable to this Contract, Contractor shall comply with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). If applicable to this Contract, Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) and its associated regulations. If applicable to this Contract, Contractor must comply with the requirements of the “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements” (37 CFR Part 401), and any implementing regulations issued by the federal awarding agency. If applicable to this Contract, Contractor and any of its subcontractors must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Contractor further agrees to report any violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Contractor certifies that Contractor is not on the list of excluded parties in the System for Award Management, in accordance with OMB Guidelines 2 CFR 180. If applicable to this Contract, Contractor attests that it has filed the required certification(s) and disclosure(s) as required under the Xxxx Anti-Lobbying Amendment (31 U.S.C. 1352). This Contract may be amended only by written amendment signed by the Parties’ authorized officials. Contractor shall not assign or subcontract any portion of this Contract without Tennessee Tech’s prior written consent. Should an event, including but not limited to, war, act of God, riot, or natural disaster, beyond a party’s reasonable control occur, that party will be excused from performing its obligations under the contract, provided the following provisions are met: (1) The affected party must promptly notify the other party of the occurrence of the event, its effect on performance, and how long that party expects it to last, and (2) the affected party shall update that information as reasonably necessary and use reasonable efforts to limit damage to the other party and to resume its performance under the Contract. In addition, Tennessee Tech may, in its sole discretion, cancel the contract due to reasons including, but not limited to, health concerns, pandemic, or other similar condition. This Contract is subject to the appropriation and availability of state and/or federal funds. Pursuant to T.C.A. § 12-3-305(c)(2), Tennessee Tech may, upon written notice to Contractor, terminate this Contract at the end of any fiscal year in the event that funds are not appropriated or are otherwise unavailable for the Contract’s continuance. Pursuant to T.C.A. § 12-3-309(b), Contractor attests that Contractor will not knowingly utilize the services of illegal immigrants in the performance of this Contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of this Contract. Contractor certifies that Contractor has either registered with the State of Tennessee’s Department of Revenue for or does not make sales of goods or services that are subject to the collection of Tennessee sales and use tax, as required by T.C.A. § 12-3-306, and will provide proof of compliance upon request. Contractor agrees, as applicable, to comply with relevant National Collegiate Athletic Association (NCAA) legislation, interpretations and policies, located on the NCAA website and as amended from time to time, on the use of a student-athlete’s name or likeness. This duty to comply includes, but is not limited to, the requirements found in the relevant NCAA Division Manual, such as NCAA Rule 12.5.2 “Use of Student Athlete Name or Likeness.” Contractor further agrees to immediately report any real or suspected violation of the NCAA legislation, interpretations, and/or policies to Xxxxxx Xxxxxxxx, at XXxxxxx@xxxxxx.xxx. Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief, neither it nor any of its subcontractors, if applicable, is on the Iran Divestment Act (T.C.A. §§ 00-00-000 et seq.) list of entities or persons ineligible to contract with the State of Tennessee. Contractor agrees that, if applicable to this Contract, Tennessee Tech will possess all rights to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of the Contractor’s performance under the contract. The Parties acknowledge and agree that Contractor’s work under this Contract shall belong submit periodic progress reports to Tennessee Tech as "work-made-for-hire" (as such term is defined in U.S. Copyright Law). To the extent Contractor’s work is not deemed to constitute “work-made-for-hire,” Contractor hereby assigns and transfers to Tennessee Tech all of Contractor’s right, title and interest in and to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of Contractor’s performance under this Contract. Contractor certifies, to the best of its knowledge and belief, that it and its principals:if requested.

Pursuant to T. C.A. § 9-8-307(a)(1)(L), no contract is binding on Tennessee Tech unless it is a written contract executed by one (1) or more state officers or employees with authority to execute the contract. Contractor certifies its compliance with applicable Federal and State laws, rules and regulations and Tennessee Tech policies with respect to Conflict of Interest, including, but not limited to the following: Pursuant to T.C.A. § 12-4-103, Contractor acknowledges that it is unlawful for any state official or employee to bid on, sell, or offer for sale, any merchandise, equipment or material, or similar commodity, to the state of Tennessee during the tenure of such official's or employee's office or employment, or for six (6) months thereafter, or to have any interest in the selling of the same to the state; Pursuant to TTU Policy 132, Conflict of Interest, Tennessee Tech prohibits purchases of merchandise, equipment, materials or similar commodities from a Tennessee Tech employee’s business or from a family member’s business. Family member, as defined by the policy, means a spouse or child dependent or non-dependent of Tennessee Tech employee, unless otherwise defined by statute. Pursuant to TTU Policy 132, Conflict of Interest, Tennessee Tech prohibits service contracts with an individual who is, or within the past six months has been a state employee. Contracts with the employee’s spouse, a company or corporation in which a controlling interest is held by any state employee or the employee’s spouse shall be considered, for the purpose of applying this rule, to be a contract with said individual. No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by federal or Tennessee constitutional or state laws shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract. The Contractor shall, upon request, show proof of such nondiscrimination, and shall post in conspicuous places, available to all employees and applicants, notice of nondiscrimination. Contractor agrees to complete an annual Title VI Survey or cooperate with a Title VI compliance audit if it receives federal funds under this Contract. Contractor is an independent contractor and is not an agent of the State whatsoever. Contractor agrees to carry adequate public liability and other appropriate forms of insurance and to pay all applicable taxes incident to this Contract. Tennessee Tech reserves the right to establish appropriate insurance requirements as it sees fit. Contractor agrees to indemnify and hold harmless Tennessee Tech as well as its officers, agents, and employees from and against any and all claims, liabilities, losses, causes of action, and attorney fees which may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a result of acts, omissions, or negligence on the part of Contractor, its employees, or any person acting for or on its behalf. If Contractor fails to timely or properly perform its obligations, or violates any term of this Contract, Tennessee Tech may immediately terminate this Contract and withhold payments in excess of fair compensation for completed services. Contractor is liable to Tennessee Tech for damages sustained by virtue of Contractor’s breach and agrees to pay Tennessee Tech’s attorney fees to enforce the Contract terms. Tennessee Tech may, in its sole discretion, allow Contractor a period to cure a breach within a time specified by Tennessee Tech and on terms solely determined by Tennessee Tech. If applicable to this Contract, Contractor must comply with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). If applicable to this Contract, Contractor shall comply with the Xxxxxxxx “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). If applicable to this Contract, Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) and its associated regulations. If applicable to this Contract, Contractor must comply with the requirements of the “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements” (37 CFR Part 401), and any implementing regulations issued by the federal awarding agency. If applicable to this Contract, Contractor and any of its subcontractors must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Contractor further agrees to report any violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Contractor certifies that Contractor is not on the list of excluded parties in the System for Award Management, in accordance with OMB Guidelines 2 CFR 180. If applicable to this Contract, Contractor attests that it has filed the required certification(s) and disclosure(s) as required under the Xxxx Anti-Lobbying Amendment (31 U.S.C. 1352). This Contract may be amended only by written amendment signed by the Parties’ authorized officials. Contractor shall not assign or subcontract any portion of this Contract without Tennessee Tech’s prior written consent. Should an event, including but not limited to, war, act of God, riot, or natural disaster, beyond a party’s reasonable control occur, that party will be excused from performing its obligations under the contract, provided the following provisions are met: (1) The affected party must promptly notify the other party of the occurrence of the event, its effect on performance, and how long that party expects it to last, and (2) the affected party shall update that information as reasonably necessary and use reasonable efforts to limit damage to the other party and to resume its performance under the Contract. In addition, Tennessee Tech may, in its sole discretion, cancel the contract due to reasons including, but not limited to, health concerns, pandemic, or other similar condition. This Contract is subject to the appropriation and availability of state and/or federal funds. Pursuant to T.C.A. § 12-3-305(c)(2), Tennessee Tech may, upon written notice to Contractor, terminate this Contract at the end of any fiscal year in the event that funds are not appropriated or are otherwise unavailable for the Contract’s continuance. Pursuant to T.C.A. § 12-3-309(b), Contractor attests that Contractor will not knowingly utilize the services of illegal immigrants in the performance of this Contract, and will not knowingly utilize the services of any subcontractor who will utilize the services of illegal immigrants in the performance of this Contract. Contractor certifies that Contractor has either registered with the State of Tennessee’s Department of Revenue for or does not make sales of goods or services that are subject to the collection of Tennessee sales and use tax, as required by T.C.A. § 12-3-306, and will provide proof of compliance upon request. Contractor agrees, as applicable, to comply with relevant National Collegiate Athletic Association (NCAA) legislation, interpretations and policies, located on the NCAA website and as amended from time to time, on the use of a student-athlete’s name or likeness. This duty to comply includes, but is not limited to, the requirements found in the relevant NCAA Division Manual, such as NCAA Rule 12.5.2 “Use of Student Athlete Name or Likeness.” Contractor further agrees to immediately report any real or suspected violation of the NCAA legislation, interpretations, and/or policies to Xxxxxx Xxxxxxxx, at XXxxxxx@xxxxxx.xxx. Contractor certifies, under penalty of perjury, that to the best of its knowledge and belief, neither it nor any of its subcontractors, if applicable, is on the Iran Divestment Act (T.C.A. §§ 00-00-000 et seq.) list of entities or persons ineligible to contract with the State of Tennessee. Contractor agrees that, if applicable to this Contract, Tennessee Tech will possess all rights to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of the Contractor’s performance under the contract. The Parties acknowledge and agree that Contractor’s work under this Contract shall belong submit periodic progress reports to Tennessee Tech as "work-made-for-hire" (as such term is defined in U.S. Copyright Law). To the extent Contractor’s work is not deemed to constitute “work-made-for-hire,” Contractor hereby assigns and transfers to Tennessee Tech all of Contractor’s right, title and interest in and to any creations, inventions, other intellectual property, and materials, including copyright or patents in the same, which arise out of, are prepared by, or are developed in the course of Contractor’s performance under this Contract. Contractor certifies, to the best of its knowledge and belief, that it and its principals:if requested.