University & State Required Provisions for Contracts
General Information
There are certain State and University Required Provisions that, with very few exceptions, must be included in every contract ASU enters into. Also referred to as Supplemental Terms and Conditions, the provisions are available from Office of General Counsel.
These provisions may be included directly into the agreement, or may be incorporated by reference by attaching a copy of the Provisions to the agreement, and adding a paragraph in the agreement that reads: "The State of Arizona and Arizona State University Provisions attached as Exhibit X are incorporated by reference."
For an explanation of the source and use of these provisions, refer to the information below.
Questions
If you encounter any problems or questions with regard to the provisions, please contact OGC.
State of Arizona Revised Statutes and ABOR Policy
Links to the State statutes and procedures cited in the State of Arizona Provisions can be found below. The statutes can be printed from the link if a copy of the statute or procedure is requested.
- Conflicts of Interest - ARS 38-511
- Arbitration - ARS 12-133 and 12-1518
- Dispute Resolution - Arizona Board of Regents Policy 3-809
- Records - ARS 35-214
- Confidentiality - ARS 39-121.01 to 39-127
- Indemnification - ARS 9-5, Section 7, ARS 35-154 and 41-621 and
Attorney General Opinion 67-36-L - No Boycott of Israel - ARS 35-393.01
How to Apply the University and State Required Provisions
- Every contract must include from Supplemental Terms and Conditions:
- #1 - "Nondiscrimination"
- #2 - "Conflict of Interest"
- #3 - "Arbitration"
- #5 - "Records" and
- #6 - "Failure of Legislature to Appropriate."
In addition to the above:
All procurement contracts and contracts in which ASU pays for goods or services should include from Supplemental Terms and Conditions:
- #4 - "Dispute Resolution"
- #9 - "Indemnification and Liability Limitations"
- #10 - "Indemnification by Entity"
- #15 - "Authorized Presence Requirements"
- #17 - "Intellectual Property Ownership"
- #20 - "Information Security," and
- Exhibit A - "Insurance Requirements."
Some of the legal material found at this site has been abridged from laws, regulations, court decisions, administrative rulings, ABOR and ASU policies and other sources. Further details may be necessary for complete analysis and understanding in particular matters. The information contained at this site, and related links, is not a substitute for professional legal counsel. Any discrepancy between the information at this site and ASU policy is not intended to alter or amend official ASU policy or procedure.
Any links to non-Arizona State University information are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the Arizona Board of Regents or Arizona State University of the linked materials.