Common use of Both Parties agree Clause in Contracts

Both Parties agree. a. University and the Facility shall communicate at least once during each educational affiliation to discuss issues of mutual concern and to decide whether any changes or alteration in the Program or Agreement are necessary. Onsite visits will be arranged as the situations warrants. b. Students and University faculty shall not be classified as employees of the Facility, and shall not be entitled to any payment from the Facility in the nature of benefits under the Maine Worker's Compensation Act for any accident, illness, occurrence or event occurring in or relating to the Facility and arising out of the Program or for any other purpose. c. Nothing in this Agreement shall preclude receipt by the Facility of compensation from any person for any service performed by a student in the Program. It is intended that for all purposes the students shall be considered students of the University and not employees of the Facility or the University. d. At no time shall either party discriminate against anyone on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability, genetic information or veteran status. The University encourages the Facility in the employment of individuals with disabilities. e. Both parties agree to be responsible for their own equipment used in the activities of the Program. f. This Agreement may be terminated by the mutual assent of both parties or by either party upon ninety (90) days written notice to the other party. In the event of termination of this Agreement as specified above, the University shall have the right to complete the affiliation for those students presently enrolled in the Program. g. This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. This Agreement shall be subject to change after discussion and due consideration by both parties with their mutual consent. Any such change must be stated in writing and signed by both parties prior to being enforceable. h. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement. i. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:

Appears in 7 contracts

Samples: Educational Services, Educational Affiliation Agreement, Educational Services

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Both Parties agree. a. University and the Facility shall communicate at least once during each educational affiliation to discuss issues of mutual concern and to decide whether any changes or alteration in the Program or Agreement are necessary. Onsite visits will be arranged as the situations warrants. b. Students and University faculty shall not be classified as employees of the Facility, and shall not be entitled to any payment from the Facility in the nature of benefits under the Maine Worker's Compensation Act for any accident, illness, occurrence or event occurring in or relating to the Facility and arising out of the Program or for any other purpose. c. Nothing in this Agreement shall preclude receipt by the Facility of compensation from any person for any service performed by a student in the Program. It is intended that for all purposes the students shall be considered students of the University and not employees of the Facility or the University. d. At no time shall either party discriminate against anyone on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability, genetic information or veteran status. The University encourages the Facility in the employment of individuals with disabilities. e. Both parties agree to be responsible for their own equipment used in the activities of the Program. f. This Agreement may be terminated by the mutual assent of both parties or by either party upon ninety (90) days written notice to the other party. In the event of termination of this Agreement as specified above, the University shall have the right to complete the affiliation for those students presently enrolled in the Program. g. This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. This Agreement shall be subject to change after discussion and due consideration by both parties with their mutual consent. Any such change must be stated in writing and signed by both parties prior to being enforceable. h. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement. i. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:: University of Southern Maine XX Xxx 0000

Appears in 2 contracts

Samples: Educational Affiliation Agreement, Educational Affiliation Agreement

Both Parties agree. a. University and the Facility shall communicate at least once during each educational affiliation to discuss issues of mutual concern and to decide whether any changes or alteration in the Program or Agreement are necessary. Onsite visits will be arranged as the situations warrants. b. Students and University faculty shall not be classified as employees of the Facility, Facility and shall not be entitled to any payment from the Facility in the nature of benefits under the Maine Worker's Compensation Act for any accident, illness, occurrence or event occurring in or relating to the Facility and arising out of the Program or for any other purpose. c. Nothing in this Agreement Students shall preclude receipt by not receive any compensation from the Facility of compensation from any person for any service performed by a student their participation in the Program. It is intended that for all purposes the students shall be considered students of the University and not employees of the Facility or the UniversityUniversity for any reason. d. At no time shall either party discriminate against anyone students on the grounds of race, color, religion, sex, sexual orientation, including transgender status status, gender, gender identity or gender expression, ethnicity, national origin or origin, citizenship status, familial status, ancestry, age, disabilitydisability physical or mental, genetic information information, or veteran veterans or military status. The University encourages the Facility in the employment of individuals with disabilities. e. Both parties agree to be responsible for their own equipment used in the activities of the Program. f. This Agreement may be terminated by the mutual assent of both parties or by either party upon ninety (90) days written notice to the other party. In the event of termination of this Agreement as specified above, the University shall have the right to complete the affiliation for those students presently enrolled in the Program. g. This Agreement sets forth the entire agreement of the parties, parties and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. This Agreement shall be subject to change after discussion and due consideration by both parties with their mutual consent. Any such change must be stated in writing and signed by both parties prior to being enforceable. h. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement. i. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if sent by email with a confirmation of receipt or deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly addressed, posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:

Appears in 1 contract

Samples: Educational Affiliation Agreement

Both Parties agree. a. University and the Facility shall communicate at least once during each educational affiliation to discuss issues of mutual concern and to decide whether any changes or alteration in the Program or Agreement are necessary. Onsite visits will be arranged as the situations warrants. b. Students and University faculty shall not be classified as employees of the Facility, and shall not be entitled to any payment from the Facility in the nature of benefits under the Maine Worker's Compensation Act for any accident, illness, occurrence or event occurring in or relating to the Facility and arising out of the Program or for any other purpose. c. Students shall not receive any compensation from the Facility for their participation in the Program. Nothing in this Agreement shall preclude receipt by the Facility of compensation from any person for any service performed by a student in the Program. It is intended that for all purposes the students shall be considered students of the University and not employees of the Facility or the University. d. At no time shall either party discriminate against anyone on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability, genetic information or veteran status. The University encourages the Facility in the employment of individuals with disabilities. e. Both parties agree to be responsible for their own equipment used in the activities of the Program. f. This Agreement may be terminated by the mutual assent of both parties or by either party upon ninety (90) days written notice to the other party. In the event of termination of this Agreement as specified above, the University shall have the right to complete the affiliation for those students presently enrolled in the Program. g. This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. This Agreement shall be subject to change after discussion and due consideration by both parties with their mutual consent. Any such change must be stated in writing and signed by both parties prior to being enforceable. h. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement. i. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:: ___________________________________ ___________________________________ ____________________________________ j. Nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities of a party or third persons for property loss or damage or death or personal injury arising out of the performance of this Agreement. Neither party is obligated to indemnify the other party or to hold the other party harmless from costs or expenses incurred as a result of such liabilities or claims; and each shall continue to enjoy all rights, claims, immunities and defenses available to it under law, including, but not limited to, the Maine Tort Claims Act, 14 M.R.S.A. 8101, et seq.

Appears in 1 contract

Samples: Educational Affiliation Agreement

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Both Parties agree. a. University and the Facility shall communicate at least once during each educational affiliation to discuss issues of mutual concern and to decide whether any changes or alteration in the Program or Agreement are necessary. Onsite visits will be arranged as the situations warrants. b. Students and University faculty shall not be classified as employees of the Facility, and shall not be entitled to any payment from the Facility in the nature of benefits under the Maine Worker's Compensation Act for any accident, illness, occurrence or event occurring in or relating to the Facility and arising out of the Program or for any other purpose. c. Students shall not receive any compensation from the Facility for their participation in the Program. Nothing in this Agreement shall preclude receipt by the Facility of compensation from any person for any service performed by a student in the Program. It is intended that for all purposes the students shall be considered students of the University and not employees of the Facility or the University. d. At no time shall either party discriminate against anyone on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability, genetic information or veteran status. The University encourages the Facility in the employment of individuals with disabilities. e. Both parties agree to be responsible for their own equipment used in the activities of the Program. f. This Agreement may be terminated by the mutual assent of both parties or by either party upon ninety (90) days written notice to the other party. In the event of termination of this Agreement as specified above, the University shall have the right to complete the affiliation for those students presently enrolled in the Program. g. This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. This Agreement shall be subject to change after discussion and due consideration by both parties with their mutual consent. Any such change must be stated in writing and signed by both parties prior to being enforceable. h. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement. i. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:

Appears in 1 contract

Samples: Educational Services

Both Parties agree. a. University and the Facility shall communicate at least once during each educational affiliation to discuss issues of mutual concern and to decide whether any changes or alteration in the Program or Agreement are necessary. Onsite visits will be arranged as the situations warrants. b. Students and University faculty shall not be classified as employees of the Facility, and shall not be entitled to any payment from the Facility in the nature of benefits under the Maine Worker's Compensation Act for any accident, illness, occurrence or event occurring in or relating to the Facility and arising out of the Program or for any other purpose. c. Nothing in this Agreement shall preclude receipt by the Facility of compensation from any person for any service performed by a student in the Program. It is intended that for all purposes the students shall be considered students of the University and not employees of the Facility or the University. d. At no time shall either party discriminate against anyone on the grounds of race, color, religion, sex, sexual orientation, including transgender status or gender expression, national origin or citizenship status, age, disability, genetic information or veteran status. The University encourages the Facility in the employment of individuals with disabilities. e. Both parties agree to be responsible for their own equipment used in the activities of the Program. f. This Agreement may be terminated by the mutual assent of both parties or by either party upon ninety (90) days written notice to the other party. In the event of termination of this Agreement as specified above, the University shall have the right to complete the affiliation for those students presently enrolled in the Program. g. This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. This Agreement shall be subject to change after discussion and due consideration by both parties with their mutual consent. Any such change must be stated in writing and signed by both parties prior to being enforceable. h. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of this Agreement. i. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:: USM School of Business PO Box 9300

Appears in 1 contract

Samples: Educational Services

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