RENTAL AGREEMENT
THIS AGREEMENT is entered into by and between the STATE OF OREGON acting by and through the STATE BOARD OF HIGHER EDUCATION on behalf of the OREGON STATE UNIVERSITY EXTENSION SERVICE, 101 Ballard Extension Hall, Corvallis, OR 97331-3606, hereinafter called UNIVERSITY, and _____________________________________________, ______________________________________________________________, OR 97_____, hereinafter called OWNER. WITNESSETH: WHEREAS, UNIVERSITY has need of the following facilities and/or services to conduct Extension Service educational programs; and WHEREAS, OWNER has facilities and/or services available and is willing to let UNIVERSITY use them; NOW THEREFORE, in consideration of the mutual premises hereinafter contained, the parties agree to the following conditions: 1. 2. OWNER will provide the following facilities and/or services: ______________________ _____________________________________________________________________ . UNIVERSITY is appreciative of OWNER's willingness to allow UNIVERSITY to use the facilities and/or services and shall exercise care to not damage same. UNIVERSITY shall pay OWNER $__________ rent at a rate of $__________ in an amount not to exceed $__________. Payment for rent will be made no more than 30 days in advance and promptly upon receipt of invoices for periods longer than 30 days. Payment for services will be made promptly upon receipt and approval of a detailed invoice(s). The period of performance under this Agreement shall ____________________ and terminate on ____________________. commence on
3.
The terms on the reverse side are made a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. OWNER STATE OF OREGON ACTING BY AND THROUGH THE STATE BOARD OF HIGHER EDUCATION ON BEHALF OF OREGON STATE UNIVERSITY
_______________________________ Signature Date _______________________________ Name/Title
_____________________________________ Contract Manager Date
_______________________________ I support this agreement Date
_______________ County Extension Service ____________________________________ Address
STANDARD TERMS AND CONDITIONS
RELATIONSHIPS - UNIVERSITY and OWNER intend that their relationship at all times and for all purposes under this Agreement be independent. Neither party is to be considered an agent or employee of the other party for any purpose. EXCUSE FOR NONPERFORMANCE - Neither party shall be held in default for delay or failure to perform caused by unforeseeable events which are beyond the control of the party and which are substantially of the following nature: labor dispute, acts of God, legal acts of public entities, or unusually long delays by public carriers. INSURANCE - UNIVERSITY is self-insured as described in ORS 278.425 and ORS 278.435 for its tortious liabilities, including personal injury and property damage. The limits of liability for this coverage, as established by ORS 30.270, are $50,000 for property damage, $200,000 for general and special damages, and $500,000 per occurrence. For OWNER's tortious acts OWNER shall secure at its own expense and keep in effect during the term of this Agreement, general liability insurance, including contractual liability and completed operations, with minimum limits of $1,000,000 per occurrence. This insurance policy is to be issued by an insurance company authorized to do business in the State of Oregon. INDEMNITY - OWNER shall save, defend, indemnify, and hold harmless the UNIVERSITY, and their officers, agents, employees, and members from all claims, suits, and actions of whatsoever nature resulting from or arising out of the activities of OWNER or its subcontractors, agents, or employees acting under this Agreement. STATE WORKERS' COMPENSATION ACT - OWNER, its subcontractors, if any, and all employers providing work, labor or materials under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires said employers to provide locally available state workers' compensation coverage for all their subject workers. Out-of-state employers must provide Oregon Workers' Compensation coverage for their workers who work in Oregon. TAX COMPLIANCE CERTIFICATION - OWNER hereby affirms, under penalty of perjury, as provided in ORS 305.385(6), that to the best of OWNER's knowledge, OWNER is not in violation of any of the tax laws described in ORS 305.380(4). TERMINATION - This Agreement may be terminated immediately by mutual consent of both parties or by either party upon 30 days notice. This Agreement may be terminated for default by either party upon ten (10) days written notice. GOVERNING LAW - This Agreement shall be governed and construed in accordance with the laws of the State of Oregon. Any suit for enforcement shall be filed in the Circuit Court for Marion County, Oregon. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE IF MADE SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. OWNER, BY HIS/HER SIGNATURE ON THE REVERSE SIDE, ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Rental Agreement 02 Revised April 2006