Get documents about "Contract of Sale for Products
Description
Contract of Sale for Products document sample
Document Sample
FOR OFFICE USE ONLY
Retailer No.
Chain No.
RETAILER CONTRACT
FOR THE SALE OF LOTTERY PRODUCTS
The State Lottery Commission of Indiana, doing business as the Hoosier Lottery, ("Lottery"), a body politic and
corporate separate from the State of Indiana, and (“Retailer”),
(Name of business)
doing business as at
(DBA name) (Street)
hereby enter into and execute
(City) (County) (Zip)
this Contract (“Contract”) for the retail sale of Lottery products in the State of Indiana by Retailer and specifying the terms
and conditions which shall exist during the term of this Contract.
SECTION 1 – SCOPE OF CONTRACT
a) Retailer Business Location – If Retailer will sell Lottery products at more than one sales location, it is the intent of
the parties that this Contract act as a master agreement in conjunction with a Retailer Contract for Individual Chain
Location, which will be separately executed between the Lottery and Retailer for each sales location. If, for whatever
reason, this Contract expires or is terminated with regard to one or more, but not all, of Retailer’s sales locations, it
shall continue in full force and effect for all other locations until such time as the Contract is terminated or suspended
with respect to all such sales locations.
b) Governing Laws – Retailer shall comply with all provisions of Indiana Code 4-30, the rules promulgated thereunder
and published at 65 IAC 1-1-1 et seq., the rules for specific Lottery games, and all other applicable laws, rules,
directives, or orders (collectively the "Governing Laws"), which may be amended from time to time. If any conflict
exists between the terms of this Contract and the Governing Laws, the Governing Laws shall prevail.
c) Prior Agreements – Except as otherwise provided herein, this Contract supersedes any prior agreement,
representation, or understanding between the parties regarding the subject matter set out herein.
d) Supplemental Documents – This Contract also incorporates by reference the most recent version of the following
documents subsequently executed by Retailer, if any:
1) Supplement to Retailer Contract;
2) Amendment to Retailer Contract.
e) No Third Party Beneficiaries – The benefits of this Contract inure only to the named parties and no third party
beneficiary is intended.
SECTION 2 - TERM
a) Term – This Contract shall commence on execution by both parties and shall continue in effect for a term of four (4)
years unless earlier terminated or suspended as provided herein.
SECTION 3 – RETAILER REPRESENTATIONS AND WARRANTIES
a) Regulated Product – Retailer acknowledges and understands that:
1) the sale of Lottery products in a manner that does not conform with the Governing Laws,
2) the sale of tickets not authorized by the Lottery, or
3) other forms of gambling conducted by Retailer without authorization from all appropriate licensing entities
may be deemed unlawful gambling, which is a criminal offense.
b) Ability to Sell Lottery Products – Retailer acknowledges that the Lottery has made no representations or warranties
as to whether Retailer may or may not be prohibited from engaging in the sale of Lottery products by reason of
controlling state or federal statute, rule, or regulation. Retailer represents and warrants that it is not prohibited from
entering into this Contract or engaging in the sale of Lottery products by any deed, lease, contract, charter, bylaw or
other restriction.
Revised February 2010 1
c) Certificate of Authority to Sell Lottery Products – Retailer represents and warrants that Retailer shall obtain and
maintain at all times during the term of this Contract, a valid Certificate of Authority to sell Lottery products issued by
the Indiana State Lottery Commission at Retailer’s sales location.
d) Good Standing – The Retailer represents and warrants that it is qualified to conduct business in Indiana and will
maintain good standing with the Indiana Secretary of State and the Indiana Department of Revenue.
e) Independent Contractor – Retailer shall perform as an independent contractor and not as an agent, employee,
partner, joint venturer or associate of the Lottery. The employees or agents of one party shall not be deemed or
construed to be the employees or agents of the other party for any purpose whatsoever.
SECTION 4 – RETAILER OBLIGATIONS
a) General Retailer Obligations – Retailer shall:
1) Only sell lottery tickets that are supplied by the Lottery or its vendors in the manner prescribed by the Lottery and
at the prices fixed by the Lottery;
2) Be responsible and liable to the Lottery for any and all Lottery tickets accepted or generated by an employee or
agent of the Retailer;
3) Comply with schedules established by the Lottery concerning ticket activations, last date to sell tickets, and last
date to return tickets;
4) Publicly and conspicuously display a valid Certificate of Authority issued by the Lottery at Retailer’s sales location
at all times that Lottery products are sold by Retailer at said location; and
5) Account for all tickets and proceeds from sales and report the same to the Lottery in the manner requested by
Lottery.
b) General Equipment Obligations – All equipment provided to Retailer by the Lottery or its vendors, including ticket
vending machines, terminals, displays, or any other equipment, shall remain the property of the Lottery or its vendors
and Retailer shall acquire no interest whatsoever in said equipment. If equipment has been installed on the Retailer's
premises the Retailer shall:
1) Provide space for the equipment and such electrical and telecommunication service, which may be required by
the Lottery for operation of the equipment, at a location on the Retailer's premises approved by the Lottery;
2) Pay all costs associated with any and all modifications to its telecommunications systems or facilities which are
reasonably necessary to facilitate the installation, operation, and maintenance of any Lottery related equipment;
3) Properly care for the equipment at the Retailer's location and reasonably safeguard against damage to or theft of
the equipment;
4) Have one (1) or more individuals from each business location attend and successfully complete all training
programs prescribed by the Lottery for the operation of Lottery equipment;
5) Refrain from attempting to perform any mechanical or electrical maintenance or repairs on the equipment at the
Retailer's location except as authorized by the Lottery;
6) Pay or reimburse Lottery for costs and expenses associated with damaged or lost equipment and associated
peripherals, including any locking mechanism and keys, pursuant to Section 9 of this Contract; and
7) Cooperate with, assist, and facilitate the maintenance, repair or operation of the equipment by reasonably
responding to requests for information or sales data and providing reasonable access to the Retailer's premises to
employees of the Lottery, the equipment manufacturer, or other persons designated by the Lottery to service the
equipment at the Retailer's location.
c) Scratch-off and Pull-tab Obligations – If Retailer sells instant products (scratch-off tickets and/or pull-tab tickets),
Retailer shall:
1) Stock and maintain an adequate instant ticket inventory in a ticket dispenser(s) provided by the Lottery, which
shall be displayed near a cash register, customer service desk, or other final point of purchase at Retailer’s sales
location;
2) Notify the Lottery of the name and address of one (1) or more persons in the Retailer's business who are
authorized by the Retailer to request and receive delivery of tickets at the sales location; and
3) Not sell any tickets that have been defaced, previously scratched or otherwise played.
d) Ticket Vending Machine Obligations – If Retailer maintains an Instant Ticket Vending Machine, a Pull-Tab Vending
Machine, a self-service draw ticket vending machine, a combination self-service machine, or other automated ticket
dispenser (herein individually and collectively referred to as “vending machine”), Retailer shall:
1) Keep the vending machine loaded and operational with a variety of scratch-off and/or pull-tab games at all times
while Retailer is open for business;
2) Make sales location manager and at least two (2) other employees available for such training as the Lottery and
the vending machine manufacturer deem necessary at the time of installation, said training to be scheduled with
forty-eight (48) hours advance notice and at such other times and places as the Lottery may require;
3) Place the vending machine at a site within its sales location, subject to the prior approval of the Lottery, within
sight of a customer service area or at least two (2) always-open checkout stations, depending upon the nature
and lay-out of the sales location, unless the vending machine includes age verification technology;
Revised February 2010 2
4) Maintain a remote control shut-off device provided by the Lottery for purposes of preventing and prohibiting the
operation of the vending machine by any person under the age of eighteen (18) years;
5) Report to the Lottery all problems with the vending machine as soon as Retailer recognizes that it cannot solve or
cure the problem; and
6) Make keys available to Lottery Sales Representatives (“LSRs”) for the ticket inventory area (but not for the cash
box area) of the vending machine.
e) Draw Game and Terminal Obligations – If Retailer sells draw tickets, Retailer shall:
1) Provide space for a free standing play station supplied with play slips, pencils and brochures;
2) Only accept play slips issued by the Lottery and marked by hand in pencil or blue or black ink;
3) Promptly deface any cancelled tickets by marking, shredding, tearing the ticket in multiple pieces, or punching a
hole through it;
4) Promptly change ribbons, replenish ticket stock, play slips, clear paper jams and perform other routine
maintenance as may be necessary to avoid interruptions in services at the Retailer's location; and
5) Pay to the Lottery a weekly service charge established by the Lottery to partially offset telecommunications costs.
The amount of the weekly service charge is published by the Lottery and is subject to change by the Lottery with
thirty (30) days advance notice to the Retailer.
f) Ticket Redemption Obligations – If Retailer has the capability of redeeming winning scratch-off, draw, and pull-tab
tickets through a Lottery provided terminal or other ticket validation equipment, Retailer shall redeem all winning
Lottery tickets with prizes less than or equal to twenty-five dollars ($25) and may redeem tickets with prizes up to and
including five hundred ninety-nine dollars ($599). Retailer may not redeem tickets with prizes of six hundred dollars
($600) or more and should instead direct such ticket holders to seek payment from one of the Lottery’s regional
offices throughout the State, including Lottery headquarters in Indianapolis, with the exception of the regional office
located on Decatur Blvd. in Indianapolis. When redeeming a ticket, Retailer shall:
1) Perform all necessary authorization and validation procedures as may be required by the Lottery and in
accordance with the Governing Laws; and
2) Deface the winning ticket, upon payment of the prize, by marking it paid, shredding, tearing the ticket in multiple
pieces, or punching a hole through it.
If a ticket is redeemed but not defaced and the ticket is subsequently validated by another retailer, Retailer shall be
liable to the Lottery for the prize amount on the ticket. Retailer shall be assessed an additional fee of ten percent
(10%) of the prize amount of the winning ticket if such ticket is subsequently submitted to Lottery for payment. Lottery
is not liable to Retailer if Retailer redeems a previously paid ticket. The Lottery will not accept Retailer returns of
tickets that have been defaced. Retailer shall not receive any winning ticket from a player nor provide compensation
for a winning lottery ticket to a player except when redeeming a prize in accordance with this agreement and the
Governing Laws.
g) Marketing Support and Promotions – Retailer shall conspicuously display and maintain any reasonable point-of-
sale materials, hardware, and other game related information provided by the Lottery. If Retailer participates in
Lottery sponsored promotions, Retailer must abide by promotion rules and procedures published by the Lottery,
including those requiring prizes to be distributed to employees.
h) Retailer Use of Lottery’s Intellectual Property - Retailer shall not use a Lottery insignia, logo, trademark, service
mark or name of any Lottery game without the prior written authorization of the Lottery in each instance.
i) Minimum Sales – The Lottery may, at its discretion, establish reasonable minimum sales requirements that Retailer
must achieve within ninety (90) days of notification by the Lottery of such requirement.
SECTION 5. LOTTERY OBLIGATIONS
a) Lottery Obligations – The Lottery shall be responsible for the following:
1) Providing terminals, ticket vending machines, or other equipment necessary and appropriate for the sale of
Lottery products to be sold by the Retailer as agreed between the parties;
2) Maintaining adequate Lottery game supplies, including play slips, printer paper, ticket stock, and claim forms;
3) Bearing the cost of all normal maintenance associated with Lottery-owned or leased equipment, other than costs
incurred because of theft, neglect, or abuse, whether by the Retailer or a third party, which costs shall be borne
by Retailer pursuant to Section 9 of this Contract;
4) Training Retailer employees in accordance with Lottery standards and at a Lottery designated facility; and
5) Providing a toll-free support hotline for Retailer support service.
SECTION 6. RETAILER COMMISSION
a) Retailer Commission – Retailer shall be credited with a commission of six percent (6%) on each draw ticket and five
and one half percent (5.5%) on each instant ticket (scratch-off tickets and pull-tab tickets) purchased from it. In
addition, Retailer shall receive a one percent (1%) cashing bonus for each valid, winning ticket paid at its location.
Revised February 2010 3
b) Optional Incentive Plans – The Lottery may establish other incentive plans for additional payments to Retailer, which
will be governed by the terms and conditions of that plan. Notwithstanding the foregoing, the Lottery may withhold,
and Retailer shall forfeit, any incentive plan payment in the event Retailer violates any term or condition of this
Contract.
SECTION 7. SETTLEMENT OF ACCOUNTS
a) Duty to Pay – Retailer shall pay promptly all amounts due and owing to the Lottery under this Contract in accordance
with the terms of this Contract.
b) EFT Account – Retailer must establish and maintain an electronic funds transfer (EFT) account for the purpose of
receiving money from ticket sales, making payments to the Lottery, and receiving payments from the Lottery. In
conjunction with execution of this Contract, Retailer must complete and submit to the Lottery an EFT authorization
form and any other information the Lottery may require to conduct an EFT transaction with Retailer. Retailer shall
notify the Lottery in writing at least thirty (30) days in advance of its intent to change the EFT account it uses for
Lottery transactions and will provide a new EFT authorization form and any other information the Lottery may require
to conduct an EFT transaction with Retailer.
c) Maintain Sufficient Funds in Trust – Retailer shall hold in trust all money received by Retailer from the sale of
lottery tickets, less the amount retained as Retailer's commission and the amount paid out as prizes, until delivery or
electronic transfer to the Lottery. Retailer shall ensure that funds are timely deposited in the designated EFT account
for scheduled transfers. If Retailer is delinquent in remitting money owed to the Lottery, the Lottery may, within its
discretion, deactivate Lottery equipment at any sales location of the Retailer, including but not limited to a draw-game
terminal, barcode reader, or vending machine, until all debts are paid in full.
d) Settlement – Retailer shall settle its accounts, including any fees associated with delinquent payments, liquidated
damages or other costs set forth herein, with the Lottery on a weekly basis by electronic transfer initiated by the
Lottery pursuant to the settlement schedule and standards established by the Lottery and communicated to the
Retailer. The settlement schedule and standards may change at the discretion of the Lottery with advance notice to
the Retailer.
SECTION 8. SECURITY AND INTEGRITY OF THE LOTTERY
a) Lottery’s Right to Inspect – All Lottery products and equipment shall be made available for inspection by Lottery
representatives during Retailer’s business hours to ensure that Lottery products are not defaced, scratched, marked
or otherwise lacking in integrity and that Lottery equipment is in proper working order. Lottery recognizes that Retailer
conducts other business activities at the selling location and any inspection or investigation conducted by Lottery will
be conducted in a manner meant to avoid unnecessary interference with Retailer’s other business activities.
b) Record Retention – Retailer agrees to and shall maintain and retain financial and accounting records of all lottery
transactions for three (3) years from the date of the transaction. Retailer agrees to make any and all books,
documents, papers and records available for inspection, review and copying at any time requested by the Lottery or
its representatives.
c) Duty to Report Suspicious Activity – Retailer shall, without delay, report to the Lottery any knowledge of unlawful or
suspicious activities or other improprieties that concern the sale of Lottery products or otherwise affect the operation
or integrity of the Lottery.
d) Duty to Cooperate – Retailer agrees to and shall fully cooperate with Lottery employees, Lottery agents, or law
enforcement agencies in the investigation of lost, stolen, altered, or counterfeit tickets and with respect to any
administrative proceeding or lawsuit arising out of the sale of Lottery products.
e) Preventing Underage Sales – Retailer is responsible for adopting and enforcing reasonable safeguards to assure
that it will not sell Lottery tickets to persons under the age of eighteen (18) years. Retailer acknowledges that the sale
of a lottery ticket to a minor may subject Retailer to criminal prosecution under Ind. Code 4-30-13-1.
f) Confidential Processes – Retailer shall maintain as confidential Lottery validation processes and related data or
information on terminal operations and functions.
g) Player Grievances – Retailer shall inform players with disputes or grievances about lottery tickets to contact the
Lottery for administrative review.
h) Offensive Materials – Retailer shall not display or publish Lottery related material which may be considered
derogatory or adverse to the operation or dignity of the Lottery or the State of Indiana. Retailer shall immediately
remove any such materials from the Retailer’s business location upon the request of the Lottery.
i) Prohibition Against Purchase of Lottery Tickets – Under the Governing Laws, a Retailer or any relative living in
the same household as Retailer may not purchase a lottery ticket distributed to Retailer's sales location. No Retailer
employee or a relative living in the same household as a Retailer employee may purchase a lottery ticket at the sales
location where the employee is employed. Retailer shall inform its employees about the foregoing restrictions upon
execution of this Contract. If the Retailer is a chain with two (2) or more sales locations, its employees and relatives
living in the same household as those employees may purchase tickets at Retailer’s locations other than those at
Revised February 2010 4
which the employee is employed. Retailer may not present a winning ticket for redemption if such ticket was
distributed to a Retailer’s sales location under this Contract, even if this Contract has terminated or expired.
j) Deactivation of Terminal – The Lottery may, within its discretion, deactivate Lottery equipment of the Retailer ,
including but not limited to a draw-game terminal, barcode reader, or vending machine, if:
1) Retailer is using the equipment to purchase, sell or redeem tickets in a manner contrary to the law or the efficient
operation of the Lottery;
2) Retailer is using the equipment to generate tickets for a drawing which has already taken place;
3) The equipment is malfunctioning;
4) Retailer is using the equipment improperly; or
5) Retailer is using the equipment in any manner which is, in the discretion of the Lottery, contrary to the integrity of
the Lottery.
SECTION 9. RETAILER INDEMNIFICATION AND LIABILITY
a) Retailer Indemnification of Lottery – Retailer agrees and acknowledges that it shall defend, protect, hold harmless
and indemnify the Lottery, the State of Indiana, and any and all commissioners, officers, directors, employees and
agents thereof from and against all claims, suits, actions or judgments, including costs, expenses and attorney's fees,
arising from any willful or negligent act or omission of Retailer or its officers, directors, employees or agents while
performing its obligations under the terms of this Contract.
b) Retailer Responsibility for Lottery Equipment –Retailer agrees to and shall be responsible for any loss or damage
to property of the Lottery or its vendors which results from the willful or negligent act or omission by Retailer or which
results from the failure on the part of Retailer to maintain and administer that property in accordance with the
Governing Laws or any other directions received from the Lottery. Retailer agrees that upon the loss, destruction, or
damage of any Lottery or vendor property, Retailer shall immediately notify the Division of Security of the Lottery and
shall take all reasonable steps to protect the property from further damage or loss.
c) Costs of Enforcement – Retailer agrees and acknowledges that Retailer shall be liable for all costs incurred by the
Lottery in enforcing this Contract and in collecting any amounts due to the Lottery from Retailer hereunder, including
court costs and attorneys’ fees.
SECTION 10. BREACH OF CONTRACT
a) Retailer Breach – Retailer agrees and acknowledges that failure by Retailer to comply with any of the terms of this
Contract, including the provisions of the Governing Laws, shall constitute a breach of this Contract.
b) Retailer’s Sole Remedy – A retailer's sole remedy for breach of this contract by the Lottery, other than a breach
involving payment of funds to Retailer, is termination of this Contract under Section 12 (a).
c) Delinquency of Payment – If Retailer fails to remit monies due the Lottery in accordance with this Contract, Retailer
shall pay all amounts remaining due under this Contract, plus simple interest at eight percent (8%) per annum
accruing from the date such amount was due until payment is made in full.
SECTION 11. LIQUIDATED DAMAGES
a) Liquidated Damages – The failure of Retailer to conspicuously display a valid Certificate of Authority at a Lottery
ticket sales location as required in Section 4 (a) of this Contract is a material breach of this Contract and may harm
the integrity and reputation of the Lottery. The Lottery and Retailer agree that it will be extremely impractical and
difficult to determine actual damages sustained by the Lottery and Retailer agrees to pay liquidated damages as
defined herein. If following notice to the Retailer by the Lottery, the condition causing default is not cured within forty
eight (48) hours, the Retailer agrees to pay to the Lottery liquidated damages consisting of fifty dollars ($50.00) per
calendar day until the condition causing default is rectified.
b) Assessment, Notice, & Waiver – Upon determination that liquidated damages are to be assessed, the Lottery shall
notify Retailer of the assessment in writing. All assessed liquidated damages will be deducted from Retailer’s EFT
account in accordance with the account settlement schedule established by the Lottery but not less than ten (10) days
after notice to the Retailer specifying the date that the liquidated damages will be withdrawn from Retailer’s EFT
account. Failure to assess liquidated damages or to demand payment of liquidated damages within any period of
time during the term of this contract shall not constitute a waiver of such claim by the Lottery. The written waiver of
any liquidated damages due the Lottery shall constitute a waiver only as to specified liquidated damages and not a
waiver of any future liquidated damages. Except as waived in writing by the Lottery, no liquidated damages imposed
shall be terminated or suspended until Lottery verifies the correction of the condition(s) for which liquidated damages
were imposed.
Revised February 2010 5
SECTION 12. TERMINATION OF RETAILER CONTRACT
a) Termination For Convenience – Either Retailer or the Lottery may terminate this Contract at any time upon thirty
(30) days written notice to the other party. If this Contract is terminated with regard to one or more, but not all, of
Retailer’s sales locations, it shall continue in full force and effect for all other sales locations until such time as the
Contract is terminated or suspended with respect to all other sales locations.
b) Termination Due to Lack of Authority to Sell – The failure of Retailer to maintain a certificate of authority for a
sales location, as required in Section 3 (c), regardless of whether said certificate of authority was never issued, it
expired, or it was suspended or revoked by the Lottery, this Contract shall immediately and automatically terminate
with regard to that location. If, for any Retailer sales location, Retailer’s certificate of authority is suspended or
revoked by the Lottery, Lottery may immediately terminate any and all Retailer contracts with the Lottery.
c) Termination for Cause – This Contract may be immediately terminated by Lottery for any of the following reasons:
1) Retailer commits a violation of Ind. Code 4-30, Ind. Code 35-45-5-3, Ind. Code 35-45-5-3.5, Ind. Code 35-45-5-4,
or a rule adopted there under;
2) Retailer breaches any term of this Contract;
3) Retailer fails to accurately account for lottery tickets, revenues, or prizes as required by the Lottery;
4) Retailer commits fraud, deceit, or misrepresentation;
5) Retailer has engaged in conduct prejudicial to public confidence in the Lottery;
6) A material change in a matter considered by the Lottery in executing this Contract;
7) Retailer has tax delinquencies outstanding owed to any federal, state, or local government;
8) Retailer has failed to meet the minimum volume of sales of Lottery tickets established under Section 4 (h);
9) Retailer fails to maintain the bank account from which EFT payments are to be made, withdraws the authorization
for the Lottery to initiate EFT transactions to and from such account, or fails to have sufficient funds available in
such account on the dates specified by the Lottery.
d) Loss of Statutory Authority – If the Lottery loses its statutory authority to operate a lottery, then this Contract shall
be null and void. In the event of such an occurrence, neither party shall have any remaining obligation nor liability
after the loss of statutory authority is effective.
e) Return of Lottery Property – Upon cancellation, termination, suspension, revocation, or expiration of this Contract or
upon demand by the Lottery, Retailer shall return to the Lottery all tickets, goods, materials and equipment delivered
to the Retailer under this Contract.
SECTION 13. GOVERNMENT COMPLIANCE
a) Compliance with Laws – Retailer shall comply with all applicable federal, state and local laws, rules, regulations and
ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference.
b) Nondiscrimination – Retailer further covenants and agrees that it will not discriminate on the basis of race, color,
religion, sex, age, national origin, disability or other characteristic protected by law in its employment practices or in
the provision of goods or services. Retailer agrees to indemnify and hold the Lottery harmless from any loss, damage,
liability, cost or expense, including attorney's fees, resulting from a violation on the part of the Retailer of such laws,
codes, ordinances, rules, regulations or orders.
c) ADA Compliance - Retailer acknowledges and agrees that it has certain obligations under the Americans with
Disabilities Act to make its premises accessible to people with disabilities.
d) Ethics Requirements – Retailer and its agents shall abide by all ethical requirements that apply to persons who have
a business relationship with the State of Indiana, as set forth in Indiana Code § 4-2-6 et seq., the regulations
promulgated thereunder, and Executive Order 04-08 dated April 27, 2004. If Retailer is not familiar with these ethical
requirements, Retailer should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State
Ethics Commission website at <<<http://www.in.gov/ethics/>>>. If Retailer or its agents violate any applicable ethical
standards, the State may, in its sole discretion, terminate this Contract immediately upon notice to Retailer. In
addition, Retailer may be subject to penalties under Indiana Code § 4-2-6-12.
e) Drug-Free Workplace Certification – The Retailer hereby covenants and agrees to make a good faith effort to
provide and maintain, during the term of this Contract, a drug-free workplace. The Retailer will give written notice to
the Lottery within ten (10) days after receiving actual notice that the Retailer or an employee of the Retailer working in
the State of Indiana has been convicted of a criminal drug violation occurring in the Retailer’s workplace. The Retailer
acknowledges that it may be subject to the provisions of Executive Order 90-5 for the Promotion of a Drug Free
Indiana.
Revised February 2010 6
SECTION 14. MISCELLANEOUS PROVISIONS
a) Contract Not Transferable Or Assignable – This Contract is neither transferable nor assignable to any other person
or entity. Retailer shall not enter into subcontracts for any work required to be performed by it under this Contract
relating to the sale of Lottery products.
b) Venue and Governing Law – This Contract is to be construed in accordance with and governed by the laws of the
State of Indiana. Any lawsuit arising out of this Contract must be brought and maintained in Marion County, Indiana.
c) Amendments & Modifications – This Contract may only be amended, supplemented, or modified by a document
signed by an authorized representative of each party. The Lottery Director (or other person(s) designated in writing by
the Lottery Director) shall have exclusive authority to execute any such document on behalf of the Lottery.
d) Penalties/Interest/Attorney’s Fees – The Lottery will in good faith perform its required obligations hereunder and
does not agree to pay any penalties, interest, or attorney’s fees, except as permitted by Indiana law.
e) Severability – If any term of this Contract is determined to be invalid or unenforceable under any statute, regulation,
ordinance, executive or judicial order, contract, or other rule of law, such term shall be deemed reformed or deleted,
but only to the extent necessary to comply with such statute, regulation, ordinance, contract or rule, and the remaining
provisions of this Contract shall remain in full force and effect.
Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that he/she is the representative, agent, member, or officer of
Retailer, that he/she has not, nor has any other member, employee, representative, agent or officer of Retailer, directly or
indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to
receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this
Contract other than that which appears upon the face of this Contract.
IN WITNESS WHEREOF, Retailer and the State of Indiana have, through duly authorized representatives, entered into
this Contract. The parties having read and understand the foregoing terms of the contract do by their respective
signatures dated below hereby agree to the terms thereof.
THE STATE LOTTERY
COMMISSION OF INDIANA RETAILER
Name of Business
By: By:
Authorized Signature
Director
Printed Name
Date Title
Date
Revised February 2010 7
Related docs
Other docs by ihz40241
Contents of Job Specification for the Posts of Hr Manager - Download as DOC
Views: 15 | Downloads: 0
