Facilities and equipment use agreement

Example template

Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno, Office of the Vice President for Research and Innovation, Nevada Center for Applied Research (NCAR)

This Facilities and Equipment Use Agreement, herein referred to as “Agreement”, is made between the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno, Nevada Center for Applied Research, herein referred to as "University," and “Business Entity.”

Point of contact, address and phone number:

For Business Entity:
(Name, title, address and phone number required)

For University Department/Activity:
Rebecca Albion
Shared Research Facilities Coordinator
Nevada Center for Applied Research
University of Nevada, Reno, MS 0525
Reno, NV 89557
(775) 784-4781

WHEREAS the Business Entity wishes to make use of ______________________________________, a facility owned by the University (the "Facility"); and Business Entity wishes to make use of the following equipment/instruments in the Facility (collectively, the “Equipment/Instruments”): ______________________________________ and WHEREAS the Business Entity and University recognize that there is a certain amount of liability and risk inherent in the use of such a Facility and Equipment/Instruments. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is AGREED:

  1. This Agreement is not valid for uses exceeding 1 year in duration or valued at more than $50,000.

  2. Unless otherwise terminated sooner as provided for herein, commencing on _____ University hereby grants to Business Entity a non-exclusive revocable license to enter and use the Facility and use the Equipment/Instruments for _______ days from the hours of _____ to _____ solely for the purpose of: ______________________________________ (collectively, the “Authorized Purpose”). Business Entity shall not use the Facility or Equipment/Instruments for any purpose other than the Authorized Purpose.

    NOTICE: changes in the initial scope of work may change fees associated with Environmental Health and Safety training and services.

    Notwithstanding anything contained herein to the contrary, Business Entity shall not conduct or at any time knowingly permit its employees, agents, or visitors to conduct activity at the Facility or using the Equipment/Instruments that is unlawful or in violation of any University Policy, federal, state, or local statute, code, or regulation. As used herein, “University Policy” means any written policy, procedure, or guideline of the University, or Nevada System of Higher Education, existing at the time of the conduct in question, including without limitation, any policy, procedure, or guideline regarding environmental health and safety, hazardous or regulated materials, research compliance, human subjects, laboratory animal care and use, export controls, discrimination, sexual harassment, child protection, security, safety, noise, alcohol and drug free workplace, or use of hidden cameras.

  3. Business Entity shall consult with University regarding scheduling to avoid conflicts in the use of the Facility or Equipment/Instruments. In the event of an unavoidable conflict, University uses related to research, teaching, and education shall take precedence. Notwithstanding anything contained herein to the contrary, Business Entity shall permit University or its authorized agents access to the Facility and Equipment/Instruments at all reasonable times for the purpose of inspecting the same, assessing Business Entity’s compliance with the terms and conditions of this Agreement, or making repairs to or maintaining the Facility and Equipment/Instruments.

  4. Access to the Facility and use of the Equipment/Instruments shall be limited to the following Business Entity’s employees (“Authorized Employees”): Authorized Employees shall (i) undergo the training listed in Exhibit A before accessing the Facility or using the Equipment/Instruments, (ii) adhere to the Code of Conduct and Rules and Regulations attached as Exhibit B, and (iii) if this box is checked (checkbox), provide University with a signed waiver of liability in the form attached as Exhibit C before accessing the Facility or using the Equipment/Instruments.

  5. Business Entity shall pay University the fee of $ for access to and use of the Facility and the Equipment/Instruments described above, with the following details: Business Entity shall pay University 50% of the forgoing fee upon execution of this Agreement by both parties hereto. The remaining 50% shall be due not later than 10 days prior to the projected termination date of the Facility use. Make checks payable to “Board of Regents” and sent to University at the address listed above.

  6. Termination
    1. Either party may terminate this Agreement for convenience and without cause at any time upon the giving of at least seven (7) days’ prior written notice to the other party.

    2. In the event that either party hereto 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 seven (7) days after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option and in addition to any other remedies which it may have at 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.

    3. Upon termination by either party for any reason, Business Entity shall surrender the Facility and Equipment/Instruments to University in good, clean, and safe condition, and promptly pay University any outstanding fees owed for use of the Facility and Equipment/Instruments up to and including the effective date of the termination. If Business Entity has prepaid for use of the Facility and Equipment/Instruments, which use was to take place after the effective date of the termination, University shall promptly refund any such excess fees to Business Entity on a pro-rata basis, subtracting first any Business Entity obligations for clean-up, damage repair and/or replacement, and other liabilities under this Agreement.

  7. Business Entity shall reimburse University for any damage, clean-up, or waste related expenses incurred by University, including but not limited to disposal, shipping, damages, equipment repair and/or replacement, and/or other costs or penalties resulting from Business Entity’s use of the Facility and/or Equipment/Instruments.

  8. Business Entity shall indemnify, defend (with counsel of University’s choosing), and hold harmless University and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages to person or property, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which directly or indirectly results from or arise out of any act or omission of Business Entity, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

  9. Insurance. The University agrees to maintain all risk property insurance on all University-owned building structures, contents and equipment used by the Business Entity under this Agreement. Business Entity shall pay up to $2,000 deductible to University in the event that Business Entity causes damage to University property for which a property claim is accepted by the University’s self-funded property insurance fund. Business Entity is required to procure and maintain commercial general liability insurance at all times during the Agreement. Such insurance shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000) per occurrence and a general aggregate limit of at least Two Million Dollars ($2,000,000). All such policies shall be written to apply to all bodily injury, property damage, and personal injury losses and shall be endorsed to include the “Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno” as additional insured on the policy. Such liability insurance shall be written as a primary policy, not excess or contributing with or secondary to any other insurance as may be available to the University. Business Entity’s liability insurance policy shall provide for waiver of subrogation against University. A certificate of insurance evidencing the insurance required under this section shall be delivered to University prior to the commencement of activities. No such policy shall be subject to cancellation or modification without thirty (30) days prior written notice to University. Business Entity shall maintain workers compensation insurance required pursuant to NRS Chapter 616 for its employees.

  10. Business Entity agrees that all property of any kind owned by or in the possession, use, care, custody, or control of Business Entity and brought to the Facility, may remain at the Facility during the time set forth above at the sole risk and hazard of the Business Entity. University makes no representations or warranties with respect to the security of any shared storage or locker space located at the Facility, if any. Business Entity understands and agrees that it is solely responsible for properly monitoring and labelling anything that its Authorized Employees bring into the Facility and the University is not responsible for any lost, damaged, or stolen property. Business Entity waives all rights of action of any sort for damage to or loss of any said property, however such damage or loss may arise, and from whatever manner or cause.

  11. Notwithstanding anything contained herein to the contrary, Business Entity shall not conduct or at any time knowingly permit its employees, agents, or visitors to conduct activity in or on University owned property, nor use the Facility or Equipment/Instruments in any manner, that is unlawful or in violation of any University policy, or federal, state, or local statute, code, or regulation.

  12. Intellectual Property. The parties retain ownership of any intellectual property created prior to the effective date hereof and no license to such is implied. In the event that new intellectual property is created during the term of this Agreement, ownership of such intellectual property shall follow inventorship or authorship. Intellectual property created solely by Business Entity shall be owned by Business Entity. Intellectual property created solely by University personnel shall be owned by University. Intellectual property created by both Business Entity and University personnel shall be jointly owned and the parties shall negotiate in good faith the management and disposition of such intellectual property.

  13. Proprietary Data. Except as otherwise required by law, including but not limited to pursuant to a valid court order or as required under the Nevada Public Records Act, University will exercise reasonable efforts to maintain in confidence proprietary information disclosed or submitted to University by Business Entity that is designated in writing as confidential information at the time of disclosure ("Confidential Information"). Confidential Information does not include information which:
    • May be available in the public domain or becomes available to the public through no act of the University;
    • Is independently known prior to receipt thereof or is discovered independently by an employee of the University who had no access to the information supplied by the Business Entity under this Agreement; or
    • Is made available to the University as a matter of lawful right by a third party.
    University retains the right to refuse to accept any such information which is not considered to be essential to the completion of the Authorized Purpose. The obligations of the University under this paragraph shall survive and continue for one (1) year after this Agreement ends.

  14. Neither party shall use the name of the other, or that of any of its trustees, officers, faculty, students, employees, or agents, or any trademark owned by the other in any advertising or other form of publicity without the advanced written permission of the other party. Notwithstanding the foregoing, University may disclose the existence of this Agreement in a press release, on-line, or otherwise, throughout the life of this Agreement with the prior written approval of the Business Entity, such approval not to be unreasonably withheld. Further, the parties agree to cooperate with each other in preparing, reviewing, and approving such disclosures either parties’ approval for each disclosure not to be unreasonably withheld.

  15. No University Representations or Warranties: UNIVERSITY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE FACILITY AND/OR EQUIPMENT/INSTRUMENTS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND HEREBY EXCLUDES ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE FACILITY AND/OR EQUIPMENT/INSTRUMENTS ARE PROVIDED “AS IS”. BUSINESS ENTITY AND ITS AUTHORIZED EMPLOYEES USE THE FACILITY AND/OR EQUIPMENT/INSTRUMENTS AT THEIR OWN RISK.

  16. Notwithstanding anything to the contrary contained in this Agreement, and to the maximum extent permitted by law, in no event will University be responsible or liable to Business Entity for any incidental damages, consequential damages, exemplary damages of any kind, lost goodwill, lost profits, lost business, and/or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), or a breach of any covenant (express or implied) of this Agreement, and regardless of whether University was advised or had reason to know of the possibility of incurring such damages in advance.

  17. This Agreement is subject to and shall be interpreted in accordance with the laws of the State of Nevada. All parties hereto consent to the personal jurisdiction of any state or federal court of competent jurisdiction located in Washoe County, Nevada and to the service of process by any means authorized by any such state or federal court or under the laws of the State of Nevada. Venue for any legal dispute shall be Washoe County, Nevada.

  18. This Agreement shall be binding upon and inure solely to the benefit of the parties, and shall not be assignable by either party without the prior written consent of the other party.

  19. If either party is delayed or prevented from the performance of any act required hereunder (excluding Business Entity’s payment obligations) by reason of acts of God, strikes, lockouts, labor troubles, civil disorder, terrorism (including but not limited to hacking), acts of war, severe weather, inability to procure materials, restrictive governmental laws or regulations, or other cause without fault and beyond the reasonable control of the party, performance of such act shall be excused for the period of delay.

  20. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available to the University in any fiscal period for obligations due from the University under this Agreement, including but not limited to maintaining the Facilities and/or Equipment/Instruments, then this Agreement shall terminate on the last day of the fiscal period for which appropriations were received, without penalty, charge, or expense to the University of any kind whatsoever. University agrees to provide written notice to Business Entity of this eventuality, should it occur.

  21. Export Controls: Business Entity further expressly acknowledges and agrees that:
    1. Business Entity shall comply with all applicable United States and foreign laws and regulations controlling the export of technical data, computer software, laboratory prototypes, and all other export controlled commodities;

    2. Business Entity accepts full responsibility for ensuring appropriate controls, including the implementation of effective technology control plans as applicable, with respect to the work it undertakes in connection with this Agreement that is subject to U.S. export control laws including, but not limited to the International Traffic in Arms Regulations and the Export Administration Regulations;

    3. University services, materials, equipment, or facilities utilized in the fulfillment of this Agreement will not be used for a purpose prohibited by applicable export control laws, including those related to nuclear, chemical, or biological weapons proliferation, and missile technology.

    4. Business Entity shall not, directly or indirectly, re-export any controlled commodities to which it gains access under this Agreement, unless the required authorization and/or license is obtained from the proper government agency(ies) prior to export;

    5. Business Entity shall not provide University with any export-controlled items (e.g., commodities, software, information, or technology) without sufficient prior written notice and information, including Export Controlled Classification Numbers (ECCNs) for EAR-controlled items, U.S. Munitions List (USML) categories if ITAR-controlled, or other relevant identifying information. In the event it is necessary to disclose technical data that are regulated under export controls, Business Entity shall clearly mark such data as “Export Controlled.”

    6. Business Entity shall guarantee that its research under this Agreement will not include the participation, at any level, of companies and/or persons on the Denied Persons List; the Unverified List; the Entity List; the Specially Designated Nationals List; the Debarred List; or the Nonproliferations Sanctions List; and

    7. Without limiting to the indemnification requirements contained in Section 8, Business Entity shall indemnify, defend (with counsel of University’s choosing), and hold harmless University and its respective affiliates, officers, agents, employees, and permitted successors and assigns from and against any and all liabilities, penalties, fines, claims, losses, costs, lawsuits, judgments, and/or expenses, including attorney fees, arising either directly or indirectly from its violation of ITAR, EAR, and/or any other export control regulation mandated by federal law. This indemnification will survive the termination of this Agreement.

  22. Nothing in this Agreement shall be deemed in any way to create between the parties hereto any relationship of partnership, joint venture, or association, and the parties hereto hereby disclaim the existence of any such relationship. The parties agree that Business Entity, its agents and employees are not agents or employees of University. Business Entity shall be solely responsible for the actions and omissions of its agents and employees when using the Facility and/or Equipment/Instrument.

  23. Execution of Agreement: This Agreement shall not become effective or in force until all of the below-named parties have fully executed this Agreement as indicated by their signatures.

  24. This Agreement contains the entire agreement between Business Entity and the University regarding the subject matter of the Agreement. This Agreement supersedes any prior agreements, understandings or negotiations, whether written or oral. This Agreement may be amended only through a written document executed by all parties.

For Business Entity:
(Name, title, and date required)

For Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno:
(Signature of Carlos Cardillo, Director, NCAR, and date required)
(Signature of Charlene Hart, Assoc. VP, Research Admin., and date required)

Exhibit A

Activities and Required Safety Training Checklist for Environmental Health & Safety (EH&S) Services
Training Description of when training is required Cost of training
Hazard Communication Training Required by all persons working at UNR that are not working in a laboratory; required annually. $20 per attendee
Fire Extinguisher Training Personnel who have been designated to use fire extinguishers; required annually. $20 per attendee
Heart Saver CPR/AED Training Personnel who are designated to perform CPR/AED. $45 per attendee
Respiratory Protection Training and Fit-testing Personnel requiring respirators must complete an online medical clearance purchased by EH&S prior to fit-testing and N-95, half-face, or full-face respirator. If employee does not not pass the online medical evaluation, the respective company must pay for the employee to see a physician for a physical to obtain clearance to wear a respirator. $159 per person
Sewer and Storm Water Discharge Training Personnel who work in laboratories located in buildings listed on the campus sewer discharge permit. Required reading online. N/C
Laboratory Safety Training Required for all personnel working in laboratories at UNR; in-person plus hands-on training session. $95 per attendee
Laboratory Safety Refresher Training Personnel who require laboratory safety training; required annually after attending Lab Safety Training. Online training. $20 per attendee
Laboratory Safety Awareness Training Non-laboratory support personnel who occasionally enter laboratories. $20 per attendee
Chemical Materials Use of Highly Toxic, Toxic, Pyrophoric, or Nanomaterials Standard operating Procedure (SOP) will be required for research using highly toxic, pyrophoric, or nanomaterials. Review of SOP by Lab Safety Specialist and Laboratory Safety Committee required. Any change in research design or method will require a new SOP. $312 per SOP
Formaldehyde Training Personnel who are assigned to workplaces where there is significant exposure to formaldehyde; required annually $20 per attendee
Laboratory Biosafety Training Laboratory personnel who work in labs that use biological materials $20 per attendee
NIH/OBA Guidelines Compliance Training Laboratory personnel who perform techniques using recombinant DNA. Online training annually. $20 per attendee
Blood borne Pathogens Training for Laboratory Workers Required training for healthcare workers and lab workers who work with human blood/fluids, cultured cells, unfixed tissue or other potentially infectious material. Online refresher required annually. Hep B vaccinations are cost of Lessee. $20 per attendee
Institutional Biosafety Committee (IBC)– Biosafety Protocol (MOUA) for Working with Recombinant DNA and other Biologics Approval of UNR Institutional Biosafety Committee is required to conduct research with recombinant DNA and other biologics. Protocol approval is for 3 years unless there are amendments to the protocol needed prior to the 3-year renewal date. $312 per protocol
IBC Protocol Maintenance and Annual Review Approved MOUA by IBC will need review by Biosafety Officer annually. $156 per protocol
IBC Protocol Amendment Changes to the research methodology that requires an amendment in the IBC Protocol. Reviewed and approved by the Biosafety Officer and the IBC. $156 per amendment
Dual Use Research of Concern Training Personnel working in the BSL-3 or with Select Agents will have a separate agreement that will be completed on a case-by-case basis. Required for personnel who work with any select agent designated as a potential “dual use” agent. Training costs are included in Select Agent/Advanced Biosafety or separate BSL-3 Laboratory Use Agreement. Separate Fee-for-Use Agreement
Radiation Safety Training Personnel working with radioactive materials will have a separate agreement that will be completed on a case-by-case basis. Business may need commercial license for use based on application. Training costs included in separate Radioactive Materials Agreement provided on a case-by-case basis. Separate Agreement
Radiation Awareness Training Personnel who occasionally enter spaces where radiation is in use. $20 per attendee
X-Ray Safety Training Required for personnel who will be using x-ray equipment at UNR. $20 per attendee
Laser Safety Training with Practicum Required for personnel who will use lasers at UNR along with training practicum session. All 3b and 4 lasers need to be registered using the application available on the EH&S website. $40 per attendee
Forklift Evaluation Personnel who will use a forklift at UNR; one-time only. $40 per attendee
Forklift Training Personnel who will use a forklift at UNR; required every 3 years. $20 per attendee
Machine Shop Evaluation/Training Required for personnel who will work in any of the UNR machine shops; one-time only. $40 per attendee
Crane Safety Evaluation/Training Personnel who will work with bridge cranes on UNR campus. $40 per attendee
Incident Clean-Up, Indoor Air Quality Investigation or other event where EH&S staff are needed outside of the above duties. As needed. All costs will be invoiced to the respective company. $52 per hour + supplies
Dangerous Goods Shipment Training Personnel who will be sending Dangerous Goods through the mail or as freight. $40 per attendee
Dangerous Goods Shipping Assistance Personnel meet with EH&S for assistance with shipping Dangerous Goods. $52 per hour + supplies

Please be advised that training and services provided by EH&S are subject to change at EH&S discretion.

I hereby certify that I have read and agree to follow all UNR EH&S Programs, as applicable. This includes: Chemical Hygiene Plan, Biosafety Plan, etc. All are located on unr.edu/ehs.

For Business Entity:
(Name, title, and date required)

Exhibit B

Code of Conduct, Rules and Regulations to Adhere While Using the Shared Research Facility Named in this Agreement.

  1. All members, guests, clients, visitors, and associates (collectively, “Users”) shall act in accordance with these Rules of Conduct, all relevant laws, and regulations (the “Rules”) to preserve the professional atmosphere and collaborative use of the shared research facility identified in this Agreement (the “Lab”). The University may modify the Rules by providing updated or additional Rules.

  2. The Lab is designed to provide a professional, safe, comfortable and sound appropriate, state-of-the-art environment for businesses and individuals to work and, collaborate, and innovate.

  3. Users are responsible for any damage to the Lab or its equipment and materials.

  4. Controlled substance and tobacco possession or use is prohibited. No food or drinks are allowed inside the Lab.

  5. Users have non-exclusive use of the Lab’s designated common areas during agreed usage hours.

  6. The Lab personnel may enter any area for emergency purposes, repair, inspection, cleaning or maintenance.

  7. Users and their agents, employees shall not use, display, or reproduce the name of the Lab or of University of Nevada, Reno or any of their logos without the prior written consent of:

    Kerri Garcia, Interim Executive Director
    Office of Marketing and Communications
    Continuing Education Building #314
    University of Nevada, Reno 89557-0208
    O: (775) 784-1880
    E: kerrig@unr.edu

    or the designee of the Executive Director, Office of Marketing and Communications at the University of Nevada, Reno.

  8. Users will comply with the Lab’s policies and procedures for any Lab related services.

  9. Users must keep their space(s), including benches, clean. Personal microwaves and refrigerators are not permitted except in the case of tenant leased office space. The Lab’s cold storage is not intended for storage of food or drink for human consumption and the University reserves the right to dispose of any of these items in the Lab’s cold storage. Users shall place garbage in the nearest designated receptacle.

  10. Users, their agents, employees and authorized invitees shall at all times while using the Lab observe and comply with the University of Nevada, Reno Policy on the Protection of Children, University Administrative Manual section 7,002, as amended, located at: unr.edu/administrative-manual/7000-7999- miscellaneous/7002-policy-on-the-protection-of-children.

  11. Users, their agents, employees and authorized invitees shall observe and comply with the driving and parking signs and markers on University grounds and surrounding areas and shall park in authorized parking spaces only.

  12. No User shall at any time occupy any part of the Lab as sleeping or lodging quarters.

  13. Users shall not place, install or operate in the Lab or in any part of the Lab, any engine, stove or machinery, or conduct mechanical operations or cook thereon or therein, or place or use in or about the Lab any explosives, gasoline, kerosene, oil, acids, caustics, or any other inflammable, explosive, or hazardous material without prior written consent of the University.

  14. The University is not responsible for lost or stolen personal property, equipment, money or jewelry from User’s area regardless of whether such loss occurs when area is locked against entry or not.

  15. No bird, fowl, dogs, animals or pets or any kind shall be brought into or kept in or about the Lab, with the exception of service animals.

  16. The University will not permit entrance to Users’s offices, if any, by use of passkey controlled by the University, to any person at any time without written permission by User, except employees, contractors, or service personnel directly supervised or employed by the University.

  17. User shall not block or obstruct entries, passages, doors, elevators, hallways or stairways and shall not place, empty or throw any rubbish, litter, trash or material of any nature into these areas, nor shall such areas be used at any time except for ingress or egress by User, User’s agents, employees or invitees.

  18. Users shall not use the water closets or any other water fixtures for any purpose other than those for which they were constructed. No person shall waste water by interfering with the faucets or otherwise.

  19. No person shall disturb the occupants of the Lab by the use of any musical instruments, the making of raucous noises, or other unreasonable use.

  20. No Users, their agents, employees or authorized invitees shall throw anything out of the windows or off the roof of the facility or down the stairways or other passages.

  21. Users shall not store any materials, equipment, products, etc. outside the Lab.

  22. Users shall not erect any sign or other insignia upon or in any part of the Lab without prior written consent of the University.

  23. Users shall comply with all local and federal codes and ordinances.

  24. No signs, draperies, shutters, window coverings, decorations, hangings or obstructions of any type shall be placed on any skylights or on any doors or windows in the Lab without the prior written consent of the University.

  25. The University reserves the right to rescind any of these rules and make such other and further rules and regulations as in the judgment of the University shall from time to time be needed for safety, protection, care and cleanliness of the Lab, the operation thereof, the preservation of good order therein, and the protection and comfort of its Users, their agents, and employees, including but not limited to, rules and regulations regarding hours of access to the Lab, which rules when made and notice thereof given to a User shall be binding upon it in like manner as if originally herein prescribed. In the event of any conflict, inconsistency or other difference between the terms and provisions of these rules and regulations and any User Agreement or lease now or hereafter in effect between the University and any User in the Lab, the University shall have the right to rely on the term or provision in such User Agreement, lease or such Rules which is most restrictive on such User and most favorable to the University.

  26. Whenever prior written consent if required by these Rules, the consent shall be that of the Lab Director or designee.

I hereby certify that I have read and agree to abide by these Rules of Conduct.

(Signature, printed name, and date required)

Exhibit C

University of Nevada, Reno, Nevada Center for Applied Research (NCAR)

NCAR WAIVER OF LIABILITY

In consideration for receiving permission to use the shared research facility identified in this Agreement (“Facility”), I hereby agree to the following:

  1. Safety and Conditions of Use
    I agree that I am personally responsible for my safety and actions while using the Facility. I agree to use the Facility and its tools, equipment, and materials in a safe way, and to utilize safety gear appropriate for each task in which I engage. If I need to do something that may be dangerous, I will first consult with Facility personnel. If I have any questions as to the proper or safe use of any tool, equipment, or material, I will not use the same until I have consulted with Facility personnel. Further, I will not use any Facility tools or equipment that require prior certification unless I have first received such certification from Facility personnel. I will comply with all University policies and rules, including but not limited to all Facility policies, guidelines, signage, and instructions. I understand that I am responsible for properly monitoring and labelling anything I bring into the Facility, and that the University is not responsible for any lost, damaged, or stolen property.

  2. Assumption of the Risk
    I recognize and agree that my use of the Facility and its tools, equipment, and materials is entirely optional and voluntary. I further understand and agree that such use involves various inherent hazards, dangers, and risks, including without limitation, and only by way of example, the risk of trips, slips and falls; cuts, broken bones, burns, and other wounds to hands, head, feet, eyes and other body parts; serious personal injury and illness, paralysis, permanent disability, and even possibly death; electrical shock; impalement; exposure to dust, fumes, smoke, noise, and vibrations; and accidents due to negligence of other users or University personnel or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, materials, or due to inadequate maintenance or repair, training, instructions, supervision, first aid and medical treatment, or safety gear. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that I may sustain, or any loss or damage of property I own, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE UNIVERSITY OR OTHERWISE.

  3. Release of Liability
    With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Board of Regents of the Nevada System of Higher Education, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the“Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any of the property belonging to me, whether caused by the negligence of the Released Parties, any third-party using the Facility, or otherwise, while participating in any activity while in, on, or around the Facility and/or while using any Facility tools, equipment, or materials.

  4. Indemnification
    I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury from or related to my use of the Facility and its tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise.

  5. Acknowledgment
    By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in Sections 3 and 4; I am sufficiently informed about the risks involved in using the Facility to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Nevada law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole.

(Signature, printed name, and date required)