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Finance and Administration Committee - IX. Agreements for Development of the Cherokee Farm Research Park - Actionand governmental officials in accordance with applicable State laws and regulations andapplicable University policies.5.3 CONFLICTS OF INTEREST. UTRF warrants that no part of the total Agreementcompensation shall be paid directly or indirectly to an employee or official of the State ofTennessee as compensation or wages, or gifts in exchange for acting as an officer, agent,employee, subcontractor, or consultant to UTRF in connection with any work contemplated orperformed relative to this Agreement, and that no employee or official of the University or theState of Tennessee holds, or at any time during the term of this Agreement will hold, a financialinterest in UTRF or CFDC. The parties recognize that UTRF is staffed by University employeeswho have no ownership or other financial interest in UTRF. The parties further recognize thatCFDC’s board may include University or UTRF employees and its officers may includeUniversity or UTRF employees, but that none of those individuals will have ownership or otherfinancial interest in CFDC.75.4 LOBBYING. UTRF certifies, to the best of its knowledge and belief that:(a) No federally appropriated funds have been paid or will be paid, by or on behalf ofUTRF, to any person for influencing or attempting to influence an officer or employee of anyagency or a Member of Congress in connection with this Agreement.(b) If any funds other than federally appropriated funds have been paid or will be paidto any person for influencing or attempting to influence an officer or employee of any agency, aMember of Congress, an officer or employee of Congress, or an employee of a Member ofCongress in connection with this Agreement, UTRF shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.(c) UTRF shall require that the language of this certification be included indocuments at all tiers (including grants, subcontracts, and contracts) and that all sub-recipients offederally appropriated funds shall certify and disclose accordingly.5.5 PUBLIC ACCOUNTABILITY. If this Agreement involves the provision of services tocitizens by UTRF on behalf of the State, UTRF agrees to establish a system through whichrecipients of services may present grievances about the operation of the service program, andUTRF agrees to display a sign at least twelve inches (12”) high and eighteen inches (18”) widestating:NOTICE:THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING.IF YOU OBSERVE AN AGENCY DIRECTOR OF EMPLOYEEENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TOBE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALLTHE STATE COMPTROLLER’S TOLL FREE HOTLINE: 1-800-232-5454.8116659.9 6155
Finance and Administration Committee - IX. Agreements for Development of the Cherokee Farm Research Park - Action5.6 GOVERNING LAW. This Agreement shall be governed by and construed in accordancewith the laws of the State of Tennessee. UTRF acknowledges and agrees that any rights orclaims against University or its employees hereunder, and any remedies arising therefrom, shallbe subject to and limited to those rights and remedies, if any, available under Tenn. Code Ann.§§ 9-8-101 through 9-8-407. UTRF agrees that it will be subject to the exclusive jurisdiction ofthe courts of the State of Tennessee and the courts of the United States which are located withinthe State of Tennessee in actions that may arise under this Agreement.5.7 COMPLETENESS. This Agreement is complete and contains the entire understandingbetween the parties relating to the subject matter contained herein, including all terms andconditions of the parties’ agreement. This Agreement supersedes any and all priorunderstandings, between the parties relating hereto, whether written or oral.75.8 SEVERABILITY. If any terms and conditions of this Agreement are held to be invalidor unenforceable as a matter of law, the other terms and conditions hereof shall not be affectedthereby and shall remain in full force and effect. To this end, the terms and conditions of thisAgreement are declared severable.5.9 HEADINGS. Paragraph headings are for reference purposes only and shall not beconstrued as part of this Agreement.5.10 NOTICES. All notices, demands, and other communications required or contemplatedby this Agreement shall be in writing and shall be delivered (i) by hand delivery; (ii) by FederalExpress or other nationally recognized overnight delivery service, or (iii) by First-Class Mail.Notices shall be deemed received (1) if by hand delivery, upon delivery or refusal of same; or (2)if by Federal Express or other nationally recognized overnight delivery service, the business dayfollowing deposit; or (3) if by First-Class Mail, the third business day following deposit. Anynotice received on a non-business day or after 5:00 p.m. Eastern Time on a business day shall bedeemed received on the next business day. All notices, demands and other communications shallbe made to the respective party at the appropriate address as set forth below:UNIVERSITY:David E. Millhorn, Executive Vice PresidentThe University of Tennessee813 Andy Holt TowerKnoxville, TN 37996With copies to:Stacey Patterson, Asst. Vice President & Director of Research PartnershipsThe University of Tennessee815 Andy Holt TowerKnoxville, TN 37996Catherine S. Mizell, General Counsel and SecretaryThe University of Tennessee8116659.9 7156
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