Product Testing and Facility Use Agreement
This Agreement is entered into
(hereinafter USER) and the Arizona Board of Regents on behalf of The University of Arizona (hereinafter referred to as
UNIVERSITY) for the use of the following facilities:
Located at the
Yuma Agricultural Center, 6425 W. 8th Street Yuma, AZ 85364.
Or the
Yuma Mesa Agricultural Center, County 15th St. and Ave. A, Yuma AZ 85364.
USER represents and warrants that it intends to test or use the cultivars, seeds, chemicals or other agricultural
devices, applications and developments described in detail below (hereinafter Products):
This agreement shall be in effect from planting date:
to ending date:
Please detail UNIVERSITY and USER responsibilities on the attached Crop Production Responsibility sheet.
USER shall pay UNIVERSITY the following total amount:
$
Payments are due as follows: $
Date:
Balance due halfway through project: $
Date:
Checks shall be made payable to “THE UNIVERSITY OF ARIZONA” and mailed to:
Yuma Agricultural Center, 6425 W. 8th St., Yuma AZ 85364
ATTN: Ruben Gonzalez
UNIVERSITY shall have the unlimited right to use, publish or develop any results arising from this agreement, except for DESIGNATED PROPRIETARY
information or materials.
NON-DISCRIMINATION: The University of Arizona is an equal opportunity, affirmative action institution. The University does not discriminate on the
basis of race, color, religion, sex, national origin, age, disability, veteran status, or sexual orientation in its programs and activities. Issued in
furtherance of Cooperative Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, Kirk A.
Astroth, Interim Director, Cooperative Extension, College of Agriculture Life Sciences, The University of Arizona. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting (insert name, telephone number). Requests should be
made as early as possible to allow time to arrange the accommodation.
ARBITRATION: The parties agree that should a dispute arise between them concerning this Agreement and no party seeks affirmative relief other than
money damages in the amount of Fifty Thousand Dollars ($50,000) or less, exclusive of interest, costs and attorneys' fees, the parties shall
submit the matter to arbitration pursuant to the Revised Uniform Arbitration Act, A.R.S §12-3001 et seq. (the “Act”), whose rules shall govern
the interpretation, enforcement, and proceedings pursuant to this section. Except as otherwise provided in the Act, the decision of the
arbitrator(s) shall be final and binding upon the parties
STATE OBLIGATION: The parties recognize that the performance by the Arizona Board of Regents for and on behalf of the University of Arizona may be
dependent upon the appropriation of funds by the State Legislature of Arizona, or the availability of funding from other sources. Should the
Legislature fail to appropriate the necessary funds, if the University’s appropriation is reduced during the fiscal year, the Board of Regents may
reduce the scope of the agreement if appropriate or cancel the agreement without further duty or obligation. The Board agrees to notify other
party(ies) as soon as reasonably possible after the unavailability of said funds comes to the Board's attention.
TERMINATION: UNIVERSITY may terminate this Agreement on any time upon (30) days written notice to the USER if (a) funding for the Project is
fully expended or (b) performance of the Project is substantially completed. USER may terminate this Agreement at any time upon ninety (90)
days written notice to UNIVERSITY. In the event that either Party shall commit any breach of or default in any of the terms or conditions of
this Agreement, and also shall fail to remedy such default or breach within ninety (90) days after receipt of written notice thereof from the Party
hereto, the Party giving notice may, at its option and in addition to any other remedy which it may have law or in equity, terminate this
Agreement by sending notice of termination in writing to the other Party to such effect, and such termination shall be effective as of the date of
the receipt of such notice. The defaulting Party shall be responsible for all costs and expenses associated with the termination, and shall
reimburse the non-defaulting Party for such.
CONFLICT OF INTEREST: This agreement is subject to the provisions of Arizona Revised Statute § 38-511.
INDEMNIFICATION: USER shall defend, indemnify and hold UNIVERSITY harmless from and against any and all liability, loss, expense, attorney's
fees or claims for injury or damages to any party arising out of the performance of this agreement. USER shall indemnify and hold
UNIVERSITY harmless from any damages resulting from the storage, transportation, application, or any other use of any product used on
UNIVERSITY'S premises, or for damages resulting from USER'S failure to inform UNIVERSITY of hazards associated with the product. The
extent of USER'S obligation under this section shall not be limited by any existing limits of coverage in any insurance policy or by any
exclusion in any insurance policy, or by the absence of applicable insurance coverage’s.
PRODUCTS USE: USER will be responsible for the complete removal, transportation and disposition of all unused Products from UNIVERSITY'S
premises immediately at the conclusion of this Agreement. In the event of USER'S failure to comply with this requirement, UNIVERSITY is
authorized to take any necessary action to effect the removal of any products not removed by the USER. USER agrees to reimburse
UNIVERSITY for all costs incurred if such removal is initiated by the UNIVERSITY. Any planned use of unregistered products or chemicals
must be approved by the Resident Director before any delivery or application of such products on UNIVERSITY premises. USER agrees to
provide the UNIVERSITY with any available data concerning known and potential hazards of all products intended for use, which requirement
shall be deemed satisfied by the provision of material safety data sheets (MSDS) or equivalent information for all products to be stored or tested
pursuant to this agreement.
INSURANCE: USER shall furnish proof of current insurance coverage to include commercial general liability in amounts of one million dollars, naming
Arizona Board of Regents and The University of Arizona as additional insured’s.
LAW TO GOVERN: This Agreement is made under and shall be interpreted according to Arizona law. THIS CONTRACT SHALL NOT BE BINDING
UNTIL SIGNED BY THE CONTRACTING OFFICE OF THE ARIZONA BOARD OF REGENTS on behalf of THE UNIVERSITY OF
ARIZONA.
The Agreement and all Attachments set forth the entire Agreement between the parties hereto and as such, supersedes all prior and contemporaneous
negotiations, agreements, representations, understandings, and commitments with respect thereto and shall take precedence over all terms, conditions, and
provisions on any purchase order form or form of order acknowledgment or order release purporting to address the same subject matter. The Agreement
shall not be waived, released, discharged, changed, or modified in any manner except by an instrument signed by the duly authorized officers of each of the
parties hereto, which document shall make specific reference to the Agreement and shall express the plan or intention to modify same.
USER NAME: (Company or individual) please type
Approved by:
USER ADDRESS:
Resident Director
Date:
Approved and Authorized by:
PHONE:
FAX:
Contracting Officer
CONTACT PERSON:
Date:
Name
Signature
Please make note: The University of Arizona Contracting Office will not accept this contract without a hard copy of your
current insurance, naming the “abr” and “ua” as additional insured’s.
‘MSDS’ sheets must also be sent with this contract, or the Contracting Office will return the entire contract to the Yuma
Ag Center. Please call Kurt Nolte if you have questions (928) 782-3836.
CROP PRODUCTION RESPONSIBILITY
RESPONSIBILITY
Procedures
Remarks
Project leader
FIELD PREP
Land Prep
Planting
Seed cost
Cultivations
Thinning
IRRIGATIONS
Sprinklers
Labor
Water cost
Furrow
Drip
CHEMICALS
Fertilizers
Insecticides
Herbicides
Fungicides
HARVEST
Equipment
Labor
ADDITIONAL REMARKS:
Superintendent /Yuma Ag Center
Project Leader
Farm