ENTERTAINMENT CONTRACT BETWEEN MIDDLE TENNESSEE STATE UNIVERSITY & This contract, made this___ day of _________, 20___, by and between Middle Tennessee State University (Institution) and ____________ (Contractor). WITNESSETH WHEREAS the Institution desires to purchase and the Contractor desires to provide certain entertainment services, the parties hereby agree to the terms and conditions set forth herein. 1. The Contractor will provide entertainment consisting of _________________________. 2. The entertainment will be provided at Institution’s facilities located at _______________. 3. Entertainment performance will begin at __________________________. 4. Institution will provide additional access to its facilities as follows: access to venue as agreed upon in attached contract addendum. 5. Institution will be responsible for providing the following equipment/services: sound, lighting and electrical service as required. 6. The Contractor will be responsible for providing the following equipment/services: (sound, lighting, security, etc.) 7. Institution shall make payment to the Contractor by University check in the amount of __________; made payable to ________ (EIN#______________) upon completion of the entertainment performance. 8. The Contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of the State of Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor, or consultant to the contractor in connection with any services performed relative to this contract. The Contractor further warrants that within the past six months he has not been and during the terms of this contract will not become an employee of the State of Tennessee. 9. The Institution reserves the right to interrupt or terminate the entertainment, or any portion thereof, if during the entertainment performance, the Institution determines, in its sole discretion, that such action is warranted to maintain security or compliance with Federal, State or local laws or regulations of Tennessee Board of Regents policy. Such action, in and of itself, shall not affect the Institution’s obligation for payment under the terms of this contract; provided, however, that payment may be withheld if such interruption or termination is necessary due to a failure by the Contractor to observe Institution policies of which it has been informed. 10. The Contractor agrees to assume full responsibility for payment of any and all copyright royalties due for the entertainment performance provided hereunder. The Contractor further agrees to assume full responsibility for any copyright infringement which occurs during the course of said performance and agrees to indemnify and hold the Institution harmless from any and all liabilities and damages arising out of any action for copyright infringement. 11. The parties agree to comply with applicable state and federal law, including but not limited to, any applicable non - discrimination or affirmative action requirements. 12. The Contractor shall maintain documentation for all charges against the Institution under this Agreement. The books, records, and documents of the Contractor, insofar as they relate to work performed or money received under this agreement, shall be maintained for a period of three full years from the date of the final payment, and shall be subject to audit, at any reasonable time and upon notice, by the Institution or the Comptroller of the Treasury, or their duly appointed representatives. 13. If the undersigned is an agent acting on behalf of the Contractor, he/she warrants that they have the authority to execute this agreement on behalf of the performing artists and further warrants that the performing artists have agreed to be bound by the terms and conditions stated herein. 14. Any and all claims against the Institution for personal injury or property damage resulting from the negligence of the Institution in performing any responsibilities specifically required under the terms of the agreement shall be submitted to the Claims Commission of the State of Tennessee in the manner prescribed by law. Damages recoverable against Institution shall be limited expressly to claims paid by the Claims Commission pursuant to T.C.A. Section 9-8-301 et seq. 15. Compensation to the Contractor for travel, meals or lodging shall be in the amount of actual cost to the Contractor, subject to maximum amounts and limitations specified in the Tennessee Board of Regents policies, as they may be from time to time amended. 16. Tennessee Public Chapter No. 878 of 2006, TCA 12-4-124, requires that Contactor attest in writing that Contractor will not knowingly utilize the services of illegal immigrants in the performance of this Contract and will not knowingly utilize the services of any subcontractor, if permitted under this Contract, who will utilize the services of illegal immigrants in the performance of this Contract. The attestation shall be made on the form, Attestation re Personnel Used in Contract Performance (“the Attestation”), which is attached (Attachment 1) and hereby incorporated by this reference. If Contractor is discovered to have breached the Attestation, the Commissioner of Finance and Administration shall declare that the Contractor shall be prohibited from contracting or submitting a bid to any Tennessee Board of Regents institution or any other state entity for a period of one (1) year from the date of discovery of the breach. Contractor may appeal the one (1) year by utilizing an appeals process in the Rules of Finance and Administration, 0620. IN WITNESS THEREOF, the parties, through their authorized representatives, have affixed their signatures below. MIDDLE TENNESSEE STATE UNIVERSITY CONTRACTOR By: ___________________________ By: _______________________________ John W. Cothern, Senior Vice President Date: _________________________ Date: _____________________________ ATT ACHM ENT 1 ATTEST ATION RE PERSONNEL USED IN CONTRACT PERFORM ANCE CONTRACT NUMBER: CONTRACTOR LEGAL ENTITY NAME: FEDERAL EMPLOYER IDENTIFICATION NUMBER: (or Social Security Number) The Contractor, identified above, does hereby attest, certify, warrant, and assure that the Contractor shall not knowingly utilize the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this Contract. SIGNATURE & DATE: NOTICE: This attestation MUST be signed by an individual empowered to contractually bind the Contractor. If said individual is not the chief executive or president, this document shall attach evidence showing the individual’s authority to contractually bind the Contractor.