Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities: 1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act. 2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement. 3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University. 4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees that it is ▇▇▇▇▇▇▇▇’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems necessary. 5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party. 6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership. 7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 5 contracts
Sources: Master Affiliation Agreement, Master Affiliation Agreement, Master Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees that it is ▇▇▇▇▇▇▇▇’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems deem necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 3 contracts
Sources: Affiliation Agreement, Affiliation Agreement, Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees acknowledges that it is the University has adopted a Sexual Misconduct Policy (▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇.▇▇▇/policies/ua-03-discrimination-harassment-and-sexual-misconduct/index.html). Facility confirms that it has been given the opportunity to read the Sexual Misconduct Policy. Facility agrees that it is Facility’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s▇▇▇▇(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 2 contracts
Sources: Master Affiliation Agreement, Master Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees acknowledges that it is the University has adopted a Sexual Misconduct Policy (▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇.▇▇▇/policies/ua-03-discrimination-harassment-and-sexual-misconduct/index.html). Facility confirms that it has been given the opportunity to read the Sexual Misconduct Policy. Facility agrees that it is Facility’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, employee and to cooperate with University on any appropriate measures the parties deems deem necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s▇▇▇▇(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 1 contract
Sources: Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees that it is ▇▇▇▇▇▇▇▇’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.to
Appears in 1 contract
Sources: Master Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. University acknowledges that Facility agrees that it is has adopted a Sexual Misconduct Policy (▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇.▇▇▇/policies/ua-03-discrimination-harassment-and-sexual-misconduct/index.html). University confirms that it has been given the opportunity to read the Sexual Misconduct Policy. Facility agrees that it is Facility’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems deem necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s▇▇▇▇(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that UniversityFacility’s obligation to hold Facility University harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University Facility as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University Facility is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the UniversityFacility’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provisionFacility.
Appears in 1 contract
Sources: Clinical Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties A. This Agreement shall appoint two persons to be responsible for governed by the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change laws of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance State of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2Tennessee. Each party shall comply with all federal, state, federal and municipal state laws, rules and regulations which are applicable to the performance of this Agreement. It is the policy of each of the parties not to discriminate on the basis of race, sex, color, religion, national origin, age, disability, or veteran status in provision of educational programs and services or employment opportunities and benefits. The parties do not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or veteran status in their educational programs and activities and employment pursuant to the requirements of Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) of 1990, all as amended.
3B. The parties shall maintain the confidentiality of patient records and student records. Students Unless otherwise permitted by applicable law, each party to this Agreement will not use or disclose certain confidential, proprietary, and non- public financial and other information concerning students (“Confidential Information”) in violation of the requirements of 34 CFR Part 99 known as the Family Educational Rights and Privacy Act Regulations (“FERPA”) or patients (“Protected Health Information”) in violation of the requirements of 45 CFR Part 164, known as the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which are incorporated herein by reference. Each party agrees to comply with applicable FERPA and HIPAA laws, rules, regulations and standards in all respects. Should either party enter into a subcontract for the performance of these services, that party will ensure the inclusion of the same terms, conditions and restrictions on the use and disclosure of information contained in this Agreement. UNIVERSITY’S or SITE’s obligations to keep information confidential will not apply if disclosure is required by state or federal law or regulations, including without limitation, the Tennessee Public Records Act, Tenn. Code ▇▇▇. § 10-7-503.
C. All students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility SITE or the UniversityUNIVERSITY. No students shall be entitled to any compensation for services performed while receiving training pursuant to this Agreement. This agreement does not prevent students from working as the SITE’s employee or work-study student at times outside of their assigned hours for education.
4. The parties agree D. Any appointments to comply with Title VI and IX faculty or staff by either the UNIVERSITY or the SITE shall be without entitlement of the Federal Education Amendments of 1972, and Section 504 of individual to compensation or benefits f rom the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees that it is ▇▇▇▇▇▇▇▇’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems necessaryappointing party.
5. No E. Neither party shall use or mention in subcontract any publicity, advertising, promotional materials or news release the name or service mark(s) part of the other party this Agreement without the prior written consent of that the other party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 1 contract
Sources: Interagency Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility acknowledges that the University has adopted a Sexual Misconduct Policy (▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇.▇▇▇/policies/ua-03-discrimination-harassment-and-sexual-misconduct/index.html). Facility confirms that it has been given the opportunity to read the Sexual Misconduct Policy. Facility agrees that it is ▇▇▇▇▇▇▇▇’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems deem necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 1 contract
Sources: Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees that it is ▇▇▇▇▇▇▇▇’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems deem necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that UniversityFacility’s obligation to hold Facility University harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University Facility as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University Facility is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the UniversityFacility’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provisionFacility.
Appears in 1 contract
Sources: Clinical Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees that it is ▇▇▇▇▇▇▇▇Facility’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems deem necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s▇▇▇▇(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 1 contract
Sources: Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees that it is ▇▇▇▇▇▇▇▇’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, employee and to cooperate with University on any appropriate measures the parties deems deem necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.’s
Appears in 1 contract
Sources: Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Facility agrees acknowledges that it is the University has adopted a Sexual Misconduct Policy (▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇.▇▇▇/policies/ua-03-sexual-misconduct/index.html). Facility confirms that it has been given the opportunity to read the Sexual Misconduct Policy. Facility agrees that it is Facility’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, and to cooperate with University on any appropriate measures the parties deems necessary.
5. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s▇▇▇▇(s) of the other party without the prior written consent of that party.
6. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
7. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.
Appears in 1 contract
Sources: Master Affiliation Agreement
Mutual Responsibilities. The parties shall cooperate to fulfill the following mutual responsibilities:
1. The parties shall appoint two persons to be responsible for the Program. University shall appoint a program coordinator (“Clinical Education Coordinator”) and the Facility shall appoint a program supervisor (“Clinical Education Supervisor”). Each party shall supply the other party with the name of this person along with the person’s professional and academic credentials. Each party shall promptly notify the other in writing of any change of the person appointed. University will disclose information from a student’s educational record, as appropriate, to personnel at Facility who have a legitimate need to know in accordance with the Family Educational Rights and Privacy Act. Facility agrees that its personnel will use such information only in furtherance of the Program, and that the information shall only be disclosed to third parties in accordance with the Family Educational Rights and Privacy Act.
2. Each party shall comply with all federal, state, and municipal laws, rules and regulations which are applicable to the performance of this Agreement.
3. Students shall be treated as trainees who have no expectation of receiving compensation or future employment from the Facility or the University.
4. The parties expressly acknowledge and agree that students are not the agents or employees of the University for any purpose, including but not limited to purposes of providing general liability coverage pursuant to Paragraph II.E.4.a. of this Agreement.
5. The parties agree to comply with Title VI and IX of the Federal Education Amendments of 1972, and Section 504 of the Federal Rehabilitation Act of 1973, Executive Order 11,246 and the related regulations to each. Each party assures that it will not discriminate against any individual including, but not limited to, employees or applicants for employment and/or students, because of agerace, colorreligion, disabilityethnic or national origin, ethnicitygender, sex, gender identity, gender expression, genetic informationsexual orientation, marital status, national originage, race, religion, sexual orientationdisability, or veteran status. Facility agrees acknowledges that it is the University has adopted a Sexual Misconduct Policy (▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇.▇▇▇/policies/ua-03-sexual- misconduct/index.html). Facility confirms that it has been given the opportunity to read the Sexual Misconduct Policy. Facility agrees that it is Facility’s duty to investigate all complaints of sexual misconduct related to the clinical experience at Facility, to report to University receipt of any complaint involving a University student or employee, to report to University any investigation outcomes whether the complaint is substantiated or unsubstantiated, and to cooperate with University on any appropriate interim measures the parties University deems necessary.
56. No party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s▇▇▇▇(s) of the other party without the prior written consent of that party.
67. It is understood and agreed that this Agreement is not intended and shall not be construed or deemed to create or confer any right or benefit to any person not a party hereto. The relationship between the University and the Facility shall be considered as one between independent contractors and not as a joint venture or partnership.
78. The parties agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement (“Indemnitor”) agrees to indemnify and hold harmless the other party (“Indemnitee”) (together with Indemnitee’s successors, assigns, directors, officers, employees, and any other person for whom Indemnitee may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by Indemnitor, its successors, assigns, directors, officers, employees or agents; provided however, that University’s obligation to hold Facility harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Medical Malpractice Act, the Indiana Tort Claims Act, dollar limits stated in such Acts, exemption from punitive damages, and the continued ability to defeat a claim by reason of contributory negligence or fault of the claimant), so that the University’s liability to hold harmless shall not exceed what might have been its liability to claimant if sued directly by claimant in Indiana and all appropriate defenses had been raised by the University. Facility acknowledges that students are not employees or agents of the University for purposes of this provision.The
Appears in 1 contract
Sources: Clinical Affiliation Agreement