If the contract provides for the other party to present an insurance policy to cover the university, but does not provide proof of insurance from the other party within ten (10) business days of performance of the contract, add a clause such as: This commonly used standard clause is generally intended to ensure that the parties work together to address all current issues necessary to fulfill the intent of their contract. A simple wording of this clause may read as follows: “Each Party undertakes to take all such measures and to execute all such documents as are desirable to fully and effectively implement the provisions of this Agreement. Depending on the relationship between the parties, the inclusion of such broad and generic wording of this provision in the contract could lead to capricious or inappropriate “additional insurance claims” (or disputes as to whether such vague wording covers such a particular claim). Accordingly, the rapporteur could consider: (i) qualifying the standard of additional assurances required for what is appropriate and necessary or desirable; (ii) more detailed information on the nature and categories of the other measures required by the clause; and (iii) expressly allow the parties to request such additional assurances from each other. “Limitations on the other party`s liability for non-performance imply a constitutional prohibition of exclusive remuneration. N.C. Statutes Art. I, § 32. It also includes the attorney general`s obligation to perform his or her duties in civil proceedings. N.C Gen.
Stat. § 114-6. Therefore, the university, as the authority of the state, cannot accept any clause limiting the liability of the other party. Whether the contract exists with a service organization to process transactions for the university that have a material impact on the university`s annual financial statements (e.g., B investment managers, depositaries, trust banks, credit services, bill payments, etc.), insert the following clause: If the contract contains clauses that would subject it either to substantive law or to the jurisdiction of another State, or: “An assignment clause constitutes a waiver of defence and remedy and involves the exclusive remuneration clause, since the transferee receives state resources without providing public services. It could also change the assumption that the state will always have its regular treaty defenses at its disposal. Therefore, the university, as the authority of the state, cannot accept an assignment clause. If the contract provides that the contractor has exclusive control over the investigations, audits, defenses or settlement of claims arising out of the contract, first remove the clause in its entirety. If the entrepreneur wants to use the university`s name or trademarks for white papers, online customer lists, etc., add the following clause.
Supplements are only enforceable if they comply with the existing contractual conditions. Many contracts provide for certain circumstances in which the terms may be changed. Review the original contract and look for conditions that prohibit addenda, allow one party to amend the contract without the other party`s consent, or impose requirements for addenda. If the contract provides for payments beyond the current fiscal year, add the following clause: If the contract contains a “non-compete obligation” that states, for example, that the university cannot enter into a contract with a similar service or product provider for a certain period of time after the contract expires or terminates, you can explain the university`s restrictions in a letter as follows: 1 The term “boilerplate” has been defined as “[i]nconsequential, formulaic, or stereotypical language” (The American Heritage Dictionary of the English Language 206 (4th ed. 2000)) and as “language almost universally found in documents of a given type” (Barron`s Law Dictionary 51 (3rd ed. 1991)). Etymologically speaking, “the modern meaning comes from the use of the term to designate copies placed on printing plates. and distributed in this form to newspapers [with the result] that the copy could not be edited” (Black`s Law Dictionary (8th edition 2004)). See also Take Our Word For It: Word-Origin Webzine, Issue 9 (September 28, 1998) (www.takeourword.com/Issue009.html) which has not changed in any document that has been used repeatedly for different occasions. »).
. . .