State Provisions. This Agreement and the parties hereto are subject to the following additional provisions required by the Commonwealth: Because the College, as an entity of the Commonwealth of Virginia, cannot accept certain standard clauses that may appear in typical contracts between private parties, as a matter of law and policy of the Commonwealth of Virginia, the User agrees that no provision described below which appears in any accompanying contract shall be of any force and effect against the College: a) a requirement that the College assume any liability for personal injury or property damage not authorized by the Virginia Tort Claims Act; b) any provision constituting anyone other than a duly authorized college employee as the agent of the College; c) a provision requiring the College to indemnify, save, and hold any person, entity or party harmless from any risk, damage, or cost whatsoever; d) a provision permitting or requiring the application of the law of any state other than that of Virginia in the interpretation or enforcement of the contract, including this addendum; e) a provision limiting the User’s liability for property damage or personal injury due to fault or negligence; f) any requirement that the User be named as a coinsured to any insurance policy or program of self-insurance g) maintained by the College; h) any term requiring the College to abide by the rules of unions or any other non-governmental association; i) any term imposing personal liability upon the officer or employee who signs the contract for the College; j) any term that requires the College to engage in, or submit to, binding arbitration; k) requiring the College to withhold information from the public contrary to the requirement of the Virginia Freedom of Information Act; l) purporting to afford the User a remedy against the College that is not otherwise available by virtue of the sovereign immunity of the Commonwealth of Virginia, at common law, or under the United States Constitution; m) Requiring the College to waive legal rights that by law may only be waived by the Attorney General of the Commonwealth of Virginia. In addition, if this Agreement is for a sum in excess of $10,000, then the User agrees to comply with the following provisions required by the Virginia Public Procurement Act: § 2.2-4311 of the Code of Virginia (regarding non- discrimination) and § 2.2-4312 of the Code of Virginia (regarding maintaining a drug-free workplace).
Appears in 4 contracts
Samples: Facilities Use Agreement, Facilities Use Agreement, Facilities Use Agreement
State Provisions. This Agreement and the parties hereto are subject to the following additional provisions required by the Commonwealth: Because the College, as an entity of the Commonwealth of Virginia, cannot accept certain standard clauses that may appear in typical contracts between private parties, as a matter of law and policy of the Commonwealth of Virginia, the User agrees that no provision described below which appears in any accompanying contract shall be of any force and effect against the College:
a) a. a requirement that the College assume any liability for personal injury or property damage not authorized by the Virginia Tort Claims Act;
b) b. any provision constituting anyone other than a duly authorized college employee as the agent of the College;
c) c. a provision requiring the College to indemnify, save, and hold any person, entity or party harmless from any risk, damage, or cost whatsoever;
d) d. a provision permitting or requiring the application of the law of any state other than that of Virginia in the interpretation or enforcement of the contract, including this addendum;
e) e. a provision limiting the User’s liability for property damage or personal injury due to fault or negligence;
f) f. any requirement that the User be named as a coinsured to any insurance policy or program of self-insurance
g) self- insurance maintained by the College;
h) g. any term requiring the College to abide by the rules of unions or any other non-governmental association;
i) h. any term imposing personal liability upon the officer or employee who signs the contract for the College;
j) i. any term that requires the College to engage in, or submit to, binding arbitration;.
k) j. requiring the College to withhold information from the public contrary to the requirement of the Virginia Freedom of Information Act;.
l) k. purporting to afford the User a remedy against the College that is not otherwise available by virtue of the sovereign immunity of the Commonwealth of Virginia, at common law, or under the United States Constitution;.
m) l. Requiring the College to waive legal rights that by law may only be waived by the Attorney General of the Commonwealth of Virginia. In addition, if this Agreement is for a sum in excess of $10,000, then the User agrees to comply with the following provisions required by the Virginia Public Procurement Act: § 2.2-4311 of the Code of Virginia (regarding non- anti- discrimination) and § 2.2-4312 of the Code of Virginia (regarding maintaining a drug-free workplace).
Appears in 3 contracts
Samples: Facilities Use Agreement, Facilities Use Agreement, Facilities Use Agreement
State Provisions. This Agreement and the parties hereto are subject to the following additional provisions required by the Commonwealth: :
1. Because the College, as an entity of the Commonwealth of Virginia, cannot accept certain standard clauses that may appear in typical contracts between private parties, as a matter of law and policy of the Commonwealth of Virginia, the User Licensor agrees that no provision described below which appears in any accompanying contract the Agreement shall be of any force and effect against the College:
a) a. a requirement that the College assume any liability for personal injury or property damage not authorized by the Virginia Tort Claims Act;
b) b. any provision constituting anyone other than a duly authorized college employee as the agent of the College;
c) c. a provision requiring the College to indemnify, save, and hold any person, entity or party harmless from any risk, damage, or cost whatsoever;
d) d. a provision permitting or requiring the application of the law of any state other than that of Virginia in the interpretation or enforcement of the contract, including this addendum;
e) e. a provision limiting the UserLicensor’s liability for property damage or personal injury due to fault or negligence;
f) f. any requirement that the User Licensor be named as a coinsured to any insurance policy or program of self-insurance
g) insurance maintained by the College;
h) g. any term requiring the College to abide by the rules of unions or any other non-governmental association;
i) h. any term imposing personal liability upon the officer or employee who signs the contract for the College;
j) i. any term that requires the College to engage in, or submit to, binding arbitration;
k) j. requiring the College to withhold information from the public contrary to the requirement of the Virginia Freedom of Information Act;
l) k. purporting to afford the User Licensor a remedy against the College that is not otherwise available by virtue of the sovereign immunity of the Commonwealth of Virginia, at common law, or under the United States Constitution;
m) l. Requiring the College to waive legal rights that by law may only be waived by the Attorney General of the Commonwealth of Virginia.
2. In addition, if this Agreement contract is for a sum in excess of $10,000, then the User Licensor agrees to comply with the following provisions required by the Virginia Public Procurement Act: § 2.2-4311 of the Code of Virginia (regarding non- anti- discrimination) and § 2.2-4312 of the Code of Virginia (regarding maintaining a drug-free workplace).
Appears in 1 contract
Samples: License Agreement
