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General terms and conditions of

University of Memphis - Performing Arts

A. Non-Discrimination. No person on the grounds of disability, age, race, color, religion, sex, national origin, veteran status or any other classification protected by Federal and/or Tennessee State constitutional and/or statutory law shall be excluded from participation in, or be denied benefits of, or be otherwise subjected to discrimination in the performance of this Agreement.

B. Liability. Each party shall be solely liable for payment of its portion of all claims, liability, costs, expenses, demands, settlements, or judgments resulting from the negligence, actions or omissions of itself or those for whom it is legally responsible relating to or arising under this Agreement. Pursuant to Tennessee law, EVENT ORGANIZER makes no indemnification of PURCHASER.

C. Choice of Law. This Agreement shall be governed in accordance with the laws of the State of Tennessee without regard to its conflict of law principles.

D. Insurance. The State of Tennessee is self-insured and is not required to carry or maintain commercial general liability insurance or medical, professional or hospital liability insurance.

E. Claims. Any and all claims against EVENT ORGANIZER, its officers, agents, and employees in performing any responsibility specifically required under the terms of this agreement shall be submitted to the Board of Claims or the Claims Commission of the State of Tennessee. Damages recoverable against the University shall be limited to claims paid by the Board of Claims or the Claims Commission pursuant T.C.A. Section 9-8-301, et. seq. Pursuant to Tennessee law, EVENT ORGANIZER is not subject to any arbitration, mediation or other alternative dispute resolution method.

F. Compliance. The PURCHASER shall comply with all applicable Federal and State laws and regulations in the performance of this PURCHASE AGREEMENT as well as all EVENT ORGANIZER policies and procedures, including but not limited to, Parking on Campus, Drug Free Campus and Alcohol Abuse Prevention, Limited Tobacco Use, Non-Discrimination and Anti-Harassment, and Sexual Misconduct and Domestic Violence.

G. Monitoring. The EVENT ORGANIZER and/or State of Tennessee officials shall be allowed to monitor this PURCHASE AGREEMENT to ensure receipt of goods and/or services purchased from the EVENT ORGANIZER.