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Finance and Administration - Board of Trustees - The University of ...

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<strong>Finance</strong> <strong>and</strong> <strong>Administration</strong> Committee - IX. Agreements for Development <strong>of</strong> the Cherokee Farm Research Park - Action719 Andy Holt TowerKnoxville, TN 37996Charles M. Peccolo, Treasurer & Interim Chief Financial Officer<strong>The</strong> <strong>University</strong> <strong>of</strong> Tennessee709A Andy Holt TowerKnoxville, TN 37996UTRF:<strong>University</strong> <strong>of</strong> Tennessee Research FoundationDick Gourley, Interim PresidentUT Conference Center, Suite 211600 Henley StreetKnoxville, TN 379967Any address or name specified above may be changed by notice given to the addressee by theother party in accordance with this Section. <strong>The</strong> inability to deliver notice because <strong>of</strong> a changedaddress <strong>of</strong> which no notice was given as provided above, or because <strong>of</strong> rejection or other refusalto accept any notice, shall be deemed to be the receipt <strong>of</strong> the notice as <strong>of</strong> the date <strong>of</strong> suchinability to deliver or rejection or refusal to accept. Any notice to be given by any party heretomay be given by the counsel for such party.5.11 CONSENT OF UNIVERSITY. Whenever it is stated in this Agreement that <strong>University</strong>’sconsent or approval is required, the President <strong>of</strong> the <strong>University</strong> has the authority to give suchconsent or approval.5.12 NATURE OF AGREEMENT. <strong>The</strong> parties, in performance <strong>of</strong> this Agreement, shall beacting in their individual capacities <strong>and</strong> not as agents, employees, partners, joint ventures, orassociates <strong>of</strong> one another. It is expressly acknowledged by the parties that such parties areindependent contracting entities <strong>and</strong> nothing in this Agreement shall be construed to create aprincipal/agent relationship to allow either to exercise control or direction over the manner bywhich the other transacts its business affairs or provides its services. <strong>The</strong> employees or agents <strong>of</strong>one party shall not be deemed or construed to be the employees or agents <strong>of</strong> the other party forany purpose whatsoever.5.13 COUNTERPARTS. This Agreement may be executed in any number <strong>of</strong> counterparts<strong>and</strong> it shall be sufficient that the signature <strong>of</strong> each party appear on one or more such counterparts.All counterparts shall collectively constitute a single agreement. Originals transmitted byfacsimile or electronic mail shall be considered original in all respects.[SIGNATURES ON FOLLOWING PAGE]8116659.9 8157

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