ASU is required to include certain contract clauses in all contracts. A brief explanation of each clause follows. A complete copy of the clauses can be accessed at the bottom of this page.

1. Nondiscrimination. Federal and State law requires us to include this provision in all contracts. The parties agree to comply with applicable laws; this provision does not subject either party to any additional law or regulation.
2. Conflict of Interest. Arizona law requires notice of A.R.S. § 38-511 in every contract to which ASU is a party.
3. Notice of Arbitration Statutes. This clause is required in every contract to provide notice of Arizona laws that may require arbitration under certain conditions. It does not mean that the parties are agreeing to arbitration.
4. Dispute Resolution. This complete clause is required in every contract in which ASU pays for goods or services.
5. Contractor's Records. This clause is required in every contract in which ASU pays for goods or services.
6. Failure of Legislature to Appropriate. Arizona law limits the ability of ASU to commit to spend dollars beyond the current fiscal year (i.e., dollars that the Legislature has not yet appropriated). This clause must be included if any of ASU's contractual obligations extend beyond the current fiscal year.
7. Weapons, Explosive Devices and Fireworks. University prohibits the use, possession, display or storage of any weapon, explosive device or fireworks on all land and buildings owned, leased, or under the control of University or its affiliated or related entities, in all University residential facilities (whether managed by University or another entity), in all University vehicles, and at all University or University affiliate sponsored events and activities. Notification by Contractor to all persons or entities who are employees, officers, subcontractors, consultants, agents, guests, invitees or licensees of Contractor (“Contractor Parties”) of this policy is a condition and requirement of this Agreement. Contractor further agrees to enforce this contractual requirement against all Contractor Parties. ASU’s policy may be accessed through the following web page: asu.edu/aad/manuals/pdp/pdp201-05
8. Confidentiality. Arizona law requires all ASU records to be accessible to the public, and there are very few exceptions. This clause is required in any contract that includes provisions requiring ASU to keep records of any nature confidential.
9. Indemnification. Arizona's Constitution and state law have been interpreted to prohibit state agencies from agreeing to indemnify other parties except to the extent stated in this provision.
10. ASU Service Marks and Trademarks. Contractor agrees to comply with ASU's trademark licensing program in connection with the use of ASU's marks on goods and in relation to services. Prior to any use of an ASU mark by Contractor or its affiliates or successors or assigns, Contractor will submit the proposed use of the mark (together with a sample or specimen of the intended use) to ASU's Trademark Licensing Coordinator for approval. Except as expressly authorized in this Agreement, contractor is not permitted to use any ASU mark without written approval by ASU's Trademark Licensing Coordinator. Contractor's use of any mark must comply with ASU's requirements, including using the "circle R" indication of a registered trademark.

SUMMARY:

1. Every contract - include Nondiscrimination and Conflict of Interest and Arbitration.
2. Contracts in which ASU pays for goods or services - include Dispute Resolution and Contractor Records.
3. If the agreement requires payment or performance by ASU that could possibly extend beyond the current fiscal year, include Failure of Legislature to Appropriate.
4. If the agreement requires ASU to maintain any level of confidentiality, and the requirement cannot be deleted, the confidentiality provision must be included.
5. If the agreement contains any type of indemnification or "hold harmless" provision, and the provision cannot be deleted, the indemnification provision must be included.
6. If the agreement contains the use of the ASU service mark or trademark, the ASU service mark and trademark provision should be included.

State of Arizona Provisions (Word) or (PDF)

Reviewed August, 2007

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