Common use of GENERAL UNDERSTANDING Clause in Contracts

GENERAL UNDERSTANDING. A. LevelUp Kids and the District are independent entities and neither shall have, nor exercise, any control over the means, manner or method by which the other performs its obligations under this MOU. Nothing in this MOU is intended or shall be construed to create an agency relationship, employment relationship or joint venture between the parties. Furthermore, neither party intends for this MOU to alter in any way their respective rights or their legal obligations to one another, the Students, Parents, Teachers or Administrators working with LevelUp Kids, or to any third party. B. LevelUp Kids shall adhere to all of the District's rules, regulations, policies, and procedures when engaged in program related activities either at or away from the District, including but not limited to Board Policies, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232(g) (FERPA), 45 CFR §§ 160 and 164 ('1HIPAA Privacy Rule"), Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, and all civil rights laws. C. The services being offered by LevelUp Kids to the District under this MOU shall be provided free of charge. Except to the extent otherwise provided herein, each party shall only be responsible for its own costs and expenditures associated with participating in this MOU. Should a mutual cost or expenditure arise, parties shall cooperate on determining the most appropriate division of suchcosts. Agreement will be reached prior to committing funds. X. Xxxxxxx party, while carrying out its duties pursuant to this MOU, shall discriminate against any individual on the basis of race, religion, sex, creed, national origin or physical/mental handicap unrelated to that individual’s ability to perform his or her duties under this MOU. E. Each party shall comply with all Federal, State, and Missouri Division of Professional Registration Health/MO Dental Board rules and regulations applicable to the performance of this MOU. F. LevelUp Kids agrees to procure and maintain commercial general liability insurance with limits of liability not less than $1,000,000 per occurrence and $3,000,000 in the aggregate, and provide to the District a certificate of insurance evidencing such coverage upon request. G. Nothing herein shall be construed as a waiver of sovereign or governmental immunity, by whatever name as set forth in RSMo Section 537.600 et seq.Any insurance purchased by Miles of Smiles is not intended to act as a waiver of any defense available to the District and its employees by statute or common law. H. LevelUp Kids agrees to comply with background check requirements for volunteers of the District who interact with District's students, Park Hill School Board of Education Policies GBEBC (Criminal Background Checks) and IICC (School Volunteers). I. All students seen by LevelUp Kids dental and vision programs shall be deemed to be patients of record of LevelUp Kids. LevelUp Kids shall have sole custody and control over all patient’ records; said patient records remaining the property of LevelUp Kids. Dental and vision staff will share health care related information with school personnel as needed to coordinate care.

GENERAL UNDERSTANDING. A. LevelUp Kids X. Xxxxx of Smiles and the District are independent entities and neither shall have, nor exercise, any control over the means, manner or method by which the other performs its obligations under this MOU. Nothing in this MOU is intended or shall be construed to create an agency relationship, employment relationship or joint venture between the parties. Furthermore, neither party intends for this MOU to alter in any way their respective rights or their legal obligations to one anotheroneanother, the Students, Parents, Teachers or Administrators working with LevelUp KidsMiles of Smiles, or to any third party. B. LevelUp Kids Miles of Smiles shall adhere to all of the District's rules, regulations, policies, and procedures when engaged in program related activities either at or away from the District, including but not limited to Board Policies, the Family Educational Rights and Privacy Act, 20 U.S.C. § U.S.C.§ 1232(g) (FERPA), 45 CFR §§ 160 and 164 ('1HIPAA Privacy Rule"), Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, and all civil rights laws. C. The services being offered by LevelUp Kids Xxxxx of Smiles to the District under this MOU shall be provided free of charge. Except to the extent otherwise provided herein, each party shall only be responsible for its own costs and expenditures associated with participating in this MOU. Should a mutual cost or expenditure arise, parties shall cooperate on determining the most appropriate division of suchcosts. Agreement will be reached prior to committing funds. X. Xxxxxxx party, while carrying out its duties pursuant to this MOU, shall discriminate against any individual on the basis of race, religion, sex, creed, national origin or physical/mental handicap unrelated to that individual’s ability to perform his or her duties under this MOU. E. Each party shall comply with all Federal, State, and Missouri Division of Professional Registration Health/MO Dental Board rules and regulations applicable to the performance of this ofthis MOU. F. LevelUp Kids X. Xxxxx of Smiles agrees to procure and maintain commercial general liability insurance with limits of liability not less than $1,000,000 per occurrence and $3,000,000 in the aggregate, and provide to the District a certificate of insurance evidencing such coverage upon request. G. Nothing herein shall be construed as a waiver of sovereign or governmental immunity, by whatever name as set forth in RSMo Section 537.600 et seq.. Any insurance purchased by Miles of Smiles is not intended to act as a waiver of any defense available to the District and its employees by statute or common orcommon law. H. LevelUp Kids X. Xxxxx of Smiles agrees to comply with background check requirements for volunteers of the District who interact with District's students, Park Hill School Board of Education Policies GBEBC (Criminal Background Checks) and IICC (School Volunteers). I. All students seen by LevelUp Kids dental and vision programs shall be deemed to be patients of record of LevelUp Kids. LevelUp Kids shall have sole custody and control over all patient’ records; said patient records remaining the property of LevelUp Kids. Dental and vision staff will share health care related information with school personnel as needed to coordinate care.

GENERAL UNDERSTANDING. A. LevelUp Kids and the District are independent entities and neither shall have, nor exercise, any control over the means, manner or method by which the other performs its obligations under this MOU. Nothing in this MOU is intended or shall be construed to create an agency relationship, employment relationship or joint venture between the parties. Furthermore, neither party intends for this MOU to alter in any way their respective rights or their legal obligations to one another, the Students, Parents, Teachers or Administrators working with LevelUp Kids, or to any third party. B. LevelUp Kids shall adhere to all of the District's rules, regulations, policies, and procedures when engaged in program related activities either at or away from the District, including but not limited to Board Policies, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232(g) (FERPA), 45 CFR §§ 160 and 164 ('1HIPAA HIPAA Privacy Rule"), Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, and all civil rights laws. C. The services being offered by LevelUp Kids to the District under this MOU shall be provided free of charge. Except to the extent otherwise provided herein, each party shall only be responsible for its own costs and expenditures associated with participating in this MOU. Should a mutual cost or expenditure arise, parties shall cooperate on determining the most appropriate division of suchcosts. Agreement will be reached prior to committing funds. X. Xxxxxxx D. Neither party, while carrying out its duties pursuant to this MOU, shall discriminate against any individual on the basis of race, religion, sex, creed, national origin or physical/mental handicap unrelated to that individual’s ability to perform his or her duties under this MOU. E. Each party shall comply with all Federal, State, and Missouri Division of Professional Registration Health/MO Dental Board rules and regulations applicable to the performance of this MOU. F. LevelUp Kids agrees to procure and maintain commercial general liability insurance with limits of liability not less than $1,000,000 per occurrence and $3,000,000 in the aggregate, and provide to the District a certificate of insurance evidencing such coverage upon request. G. Nothing herein shall be construed as a waiver of sovereign or governmental immunity, by whatever name as set forth in RSMo Section 537.600 et seq.Any insurance purchased by Miles of Smiles is not intended to act as a waiver of any defense available to the District and its employees by statute or common law. H. LevelUp Kids agrees to comply with background check requirements for volunteers of the District who interact with District's students, Park Hill School Board of Education Policies GBEBC (Criminal Background Checks) and IICC (School Volunteers). I. All students seen by LevelUp Kids dental and vision programs shall be deemed to be patients of record of LevelUp Kids. LevelUp Kids shall have sole custody and control over all patient’ records; said patient records remaining the property of LevelUp Kids. Dental and vision staff will share health care related information with school personnel as needed to coordinate care.