XXXX/CSU Fullerton Auxiliary Services Corporation Contract Number 2006-XXXX-01
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AGREEMENT
BETWEEN
CSU FULLERTON AUXILIARY SERVICES CORPORATION
AND
On this ____ day of ____, this agreement is entered into by and between (hereinafter “USER”), a organization located in and CSU
Fullerton Auxiliary Services Corporation (hereinafter “ASC”) a non-profit auxiliary corporation
and fiscal agent of California State University, Fullerton (CSUF) located in Fullerton, California,
for the access and use of title of which belongs to CSUF.
1. Principal Contacts. The following are considered the principal contacts responsible for
maintenance and use the equipment.
1.1. is the technical contact and is responsible for maintenance
and safekeeping of equipment. Dr. may be reached at (714) 278-xxxx or
xxxx@fullerton.edu.
1.2 Ms. Tanya Thompson, Acting Director of Sponsored Programs, CSUF ASC, shall
serve as administrative contact and may be reached at (714) 278-4113 or
tthompson@fullerton.edu.
1.3 shall serve as the principal contact for USER for fiscal and
administrative matters, and may be reached at (xxx) xxx-xxxx or xx@xxx.xxxx.
1.4 Changes in Principal Contacts must be prior approved in writing by William M.
Dickerson, Executive Director of the California State University Fullerton ASC and by
xxxx, xxxx of USER, or their respective designees.
2. TERM OF USE, MONTHLY FEE: The term of use will be effective upon the date of last
signature on this agreement (“effective date”) and will continue until USER has met all of its
obligations under the lease. Payments to the use of equipment are payable monthly in advance.
The first monthly payment is due five (5) days immediately after effective date and consecutive
future monthly payments will be due on the same day each month following effective date. All
checks shall be made to “CSU Fullerton Auxiliary Services Corporation” and mailed to:
CSU Fullerton Auxiliary Services Corporation
Ms. Tanya Thompson, Acting Director
Office of Sponsored Programs
2600 Nutwood Ave., Suite 275
Fullerton, CA 92831-3137
USER’s obligation to pay is unconditional and is not subject to any reduction, set-off, defense, or
counterclaim for any reason whatsoever. If any part of a payment is not made by USER when
due, USER agrees to pay ASC a late charge of ten (10%) percent of each such late payment, but
XXXX/CSU Fullerton Auxiliary Services Corporation Contract Number 2006-XXXX-01
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only to the extent permitted by law. USER agrees to pay ASC the late charge not later than one
month following the date that the original payment was due.
3. OWNERSHIP and ASSIGNMENT: The said equipment is the sole property of ASC. USER
may not sell, transfer, assign or sublease the equipment. If any person or entity attempts to claim
ownership of the equipment by asserting that claim against USER or through USER, USER
agrees, at USER’s expense, to protect and defend ASC’s title to the equipment. Further, USER
agrees that USER will at all times keep the equipment free from any legal process or lien
whatsoever, and USER shall give immediate notice to ASC if any legal process or lien is
asserted or made against the equipment.
4. CARE, USE AND LOCATION; LOSS OF EQUIPMENT: ASC is responsible for
installing and ensuring that the equipment remains in good working order and repair. USER is
responsible for protecting the equipment from damage, except for ordinary wear and tear and
from any other kind of loss while the equipment is under USER’s use. Equipment will only be
used for business purposes and in compliance with all applicable local, state and federal laws.
USER shall not make any alterations to the equipment without ASC’s prior written consent. If
the equipment is damaged or lost due to USER’s acts, USER agrees to continue to make monthly
payments. The equipment will only be used and kept at the following address:
5. LIABILITY: ASC is not responsible for any injuries, damages or losses to USER, USER’s
property, or any other person(s) caused by the installation or use of the equipment by USER.
USER agrees to defend, indemnify and hold ASC, its officers, employees and agents harmless
from and against any and all liability, loss, expense attorneys’ fees, or claims for injury or
damages arising out of the performance of this agreement but only in proportion to and to the
extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by
or result from acts or omissions of USER, its officers, agents or employees.
6. DEFAULT AND REMEDIES: If USER does not make monthly payments when due or if
USER does not comply with any terms under this lease, or if USER becomes insolvent, assigns
its assets for the benefit of its creditors, or enter (voluntarily or involuntarily) a bankruptcy
proceeding, USER will be in default. Upon default, ASC shall cancel this agreement and USER
shall pay to ASC any remaining balance of payments due under this agreement.
7. OTHER RIGHTS: USER agrees that any delay or failure to enforce the terms under this
lease does not constitute a waiver by ASC and will not prevent ASC from enforcing any of its
rights at a later time. Both parties intend this lease to be a valid and legal document, and agree
that if any part is determined to be unenforceable, all other parts will remain in full force and
effect.
8. MISCELLANEOUS: USER understands that ASC and the vendor/manufacturer of the
equipment are separate and independent corporations and that the vendor/manufacturer are not
agents of ASC. No representation or guarantee or warranty by vendor/manufacturer is binding on
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ASC and no breach of vendor/manufacturer will excuse USER from its obligations to ASC under
this agreement.
9. APPLICABLE LAW. This agreement and any disputes concerning it shall be interpreted
under the laws of the State of California.
10. INTERPRETATION. For purposes of construction and interpretation, this Agreement shall
be deemed to have been mutually drafted by the parties hereto. Thus, the parties to this
agreement shall determine and resolve any issues of ambiguity related to the interpretation of the
provisions herewith.
11. ENTIRE AGREEMENT. This Agreement, including any referenced attachments,
appendices and references, constitutes the entire Lease Agreement and supersedes any other
written or oral representations, statements negotiations, or agreements.
IN WITNESS THEREOF, the parties have executed this subcontract on the day and year first
written above.
FOR: XXXX FOR: CSU FULLERTON ASC
XXXX Date William M. Dickerson Date
XXXX Executive Director
ACKNOWLEDGMENT:
I have read, understand and will abide by the terms and conditions of this agreement
Technical Contacts:
For XXX: For CSUF ASC:
_________________________ _______________________________
Printed Name: Printed Name:
Title: Title: