5500017478

AGREEMENT FOR LECTURE/SPEAKER

BETWEEN
THE REGENTS OF THE UNIVERSITY OF MiCHiGAN
AND
Dr. Beverly Daniel Tatum

This Agreement is between ThE REGENTS OF TIlE UNIVERSITY OF MICHIGAN (“University”)

and Dr. Beverly Daniel Tatum (“Speaker”) for the engagement described below.

1.0 Name of Speaker(s). Dr. Beverly Daniel Tatum

2.0 jypfEiaement. Nancy Cantor Lecture on Intellectual Diversity

3.0 Location of Engagement. University of Michigan Ann Arbor Campus

4. I) pggnJentRestctions.

No recording, audio or visual, maybe made without the prior written permission of the speaker.

5.0 Date/time of Engagnt. Date: Thursday, September 9,2021 Time: TBD

(approx 60 - 75-minute session)

6.0 Compensation. $20,000.00 Speaker Fee

V,tttaJ nofy eJ IaI if
Uitiitwi% also pay ground transpertationr

7.0 Pavnients. Payment shall be made by a University check to the Speaker following the Engagement.
The Speaker shall provide a Supplier Certification Substitute W-9 form with the signing of this
Agreement; failure to do so will prohibit or delay payment.

Is the Speaker or the Speaker’s representative a University employee? __yes Xno

If yes, is the Speaker an EXEMPT or NONEXEMPT employee?

8.0 Relationship of Parties. Parties agree that should the term “Employer” be used in the Agreement,
it does not represent any employer/employee relationship between the parties. In the context of
this event, the artist’s, perfonner’s, musicians’, and speaker’s relation to the University is no more
than an Independent Contractor to render the Engagement. In addition, nothing in this Agreement
shall be construed to constitute the parties as a partnership or conducting a joint venture.

9.0 Insurance. The University maintains through its self-insurance program Commercial General
Liability insurance with minimum limits of not less than ($1 million each occurrence/$3 million
aggregate) to cover liability arising out of its activities and operations. The University, as a matter
of public pokey, cannot provide for any external party coverage as an additional insured.

10.0 Indemnification. Each party shall defend, indemnify and hold harmless the nther party, its board
members, officers, employees, agents and students (if the University) from and against any costs,
losses, damages, liabilities, expenses, demands and judgments, including court costs and attorney
fees, which may arise out of the indemnifying party’s acts or omissions under this Agreement for
which the indeinni’ing party would be liable in law or equity.

38004-04 Lecture/Speaker Agreement Ver. 02.16

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The indenmil’ing party shall keep the other reasonably apprised of the continuing
status of the
claim, including any proceedings resulting from it, and shall permit the other party,
at its expense,
to participate in the defense or settlement of the claim. When a claim is resolved
by the
indenmifying party’s payment of money, it shall have final authority regarding defense
and
settlement. \Then a claim resolution required equitable relief against the non-indemni
fying party
or the indemni’ing party has not or will not pay the money required for resolution,
the parties shall
cooperate regarding defense and settlement.

11.0 Impossibility or Cancellation of Engagement. In the event the Speaker fails to appear, present
or
perfonn and if the failure is caused by or due to the physical disability of the Speaker,
or acts or
regulations or public authorities, labor difficulties, civil tumult, strike, epidemic, interruption
or
delay of transportation service, acts of God, adverse weather conditions or shortage
of energy
available to the University or region within which the University is located,
or other cause beyond
the control of the Speaker or the University. then the Speaker and the University
shall be
respectively relieved of their obligations concerning the Engagement(sl. However,
the failure to
appear, present, or perform does not relieve the Speaker of costs incurred by the
University in
preparation for the Engagement(s).

12.0 Governing Law. Construction and Venue. This Agreement shall be governed by
and construed
under the laws of the State of Michigan without regard for principles of choice of law.
Any claims,
demands, or actions asserted against the University shall be brought in the Michigan
Court of
Claims. Speaker, its successors and assigns, consent to the jurisdiction of a court with applicable
subject matrerjurisdiction sitting in the state of Michigan with respect to any claims arising
under
this Agreement.

13.0 Breach and Termination. If either the Speaker or the University substantially fails
to perform this
Agreement, the other party may terminate the Engagement. If for any reason this Agreement
is
canceled, a change of Engagement date is required, the “Impossibility of Engagement”
clause is
applied or in the event the Speaker otherwise breaches this Agreement, then the Speaker
agrees to
reimburse the University for all its costs immediately upon the presentation of statement
a of those
costs to the Speaker. Further, should the Speaker breach its obligations under paragraph
4.0, the
Speaker forfeits any right to any payments to which it might otherwise be entitled under paragraph
6.0 Compensation.

14.0 Infonnation and Notices. The Speaker and the University agree to provide each
other with all
information necessary to carry out this Agreement, including, but not limited to: techmcal.
labor,
security, facility restrictions, ticketing and advernsing requirements. Infonnanon should
be routed
to the following address:

University_Address:
Dilip Das
Office of the Provost
3084 FLeming Administration Building, 503 Thompson St.
Ann Arbor, Ml 48104-1304
Phone: 734-763-7994
Email: dadas(a2umich.edu

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5500017478

Speaker Address:
Beverly Daniel TaWm

15.0 Warranty. By signing eement, the signatory represents and warrants that he/she is fully
empowered as representative to bind the Speaker to this Agreement.

16.0 Compliance with Laws and Policies. The Speaker will comply with all federal Jaws, state laws.
municipal codes, regulations, policies and procedures governing Engagements of this nature,
including those established by the University. The Speaker agrees 10 follow all building rules and
regulations applicable to the particular venue/facility being used for the Engagement. The
University’s facility and the Office of Major Events/Division of Student Affairs operate with an
alcohol-free policy. There can be no alcohol provided or served within the facilily. The Speaker
has or will secure prior to the Engagement all copyrights or other licenses or permissions required
to present this Engagement in the State ofMichigan and will pay any royaltics or other fecs required
to secure and maintain such licenses or permissions prior to the Engagement. The Speaker will
supply evidence of such permissions and licensing upon request of the University. Nothing in this
Aeement authorizes the Speaker to use the University’s name or marks without prior written
approval. The University’s name can be used in routine promotional information and display to
identify the locale of the Engagement. The producer shall not use any of the University’s logos or
graphic identifications in the promotion of this event without prior written approval. The
University reserves the right to advertise and promote the Engagement described ii this Agreement
as it sees fit.

17.0 Effec;ivc Date. This Agreement is effective when signed by all parties.

AGREED AND ACCEPTED:

FOR THE REGENTS OF THE UNIVERSITY OF MICHIGAN:

08/16/202 1
DATE:
Aaron Guarnaccia- Procurement Agent

FOR SPEAKER Dr. 8everly Daniel atum:

DATE:_______________

38004-04 teeture/Speaker Agreement Vet. 02.16

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