|
VI. GENERAL TERMS AND CONDITIONS
<br />6.1 Assignment. This Agreement shall extend to and be binding upon and inure to the benefit of the
<br />successors and assignees of the respective parties. However, this Agreement may not be assigned or subcontracted
<br />by either party without the other party's express written consent.
<br />6.2 Independent Capacity. This Agreement is intended to create -an independent contractor
<br />relationship. Each party to the Agreement shall act in an independent capacity and not as an agent or representative
<br />of the other party. The employees or agents of each party who are engaged in the performance of this Agreement
<br />shall continue to be the employees or agents of that party and shall not be considered for any purpose to be the
<br />employees or agents of the other party.
<br />6.3 Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions
<br />and for those of its directors or trustees, officers; employees, and authorized agents. Neither party shall be
<br />responsible to the other party for the acts or omissions of persons or entities not a party to this Agreement. It is
<br />expressly understood and agreed that CWU students participating in the Flight Training Program are not parties to
<br />the Agreement and are not the employees or agents of either party.
<br />6.4 Insurance. IFT during the term of this Agreement will maintain appropriate insurance and will
<br />provide CWU with a certificate, binder, or policy of liability insurance acceptable to CWU with minimum coverages
<br />of (a) $1,000,000 per occurrence for products and premises liability, and (b) aircraft liability insurance of
<br />$3,000,000 combined single limit on all four -passenger or smaller aircraft and $5,000,000 combined single limit on
<br />larger aircraft. The required insurance policies must name Central Washington University and the State of
<br />Washington as additional insureds and must be primary to other insurance. CWU must be given 45 days' written
<br />notice before such insurance is modified or canceled.
<br />6.5 Non -Discrimination. The Flight Training Program will be conducted by both parties in
<br />compliance with applicable federal and state laws prohibiting discrimination in education, employment, or public
<br />accommodations based on age, sex, marital status, sexual orientation, race, creed, color, national origin, genetic
<br />information, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical
<br />disability or the use of a trained dog or service animal by a person with a disability, unless based upon a bona fide
<br />occupational qualification.
<br />6.6 Records and Audits. The parties recognize that business and training records created,
<br />maintained, or used in the performance of this Agreement may constitute public records subject to the public
<br />disclosure and retention requirements under applicable state law. Each party to this Agreement will retain its
<br />business and training records as well as financial data relating to the CWU Flight Training Program for the
<br />applicable retention period(s) and will make such records and data available upon request for inspection and audit by
<br />the other party or by authorized representatives of the Washington State Auditor.
<br />6.7 Complete Agreement; Modification. This Agreement constitutes the entire agreement between
<br />the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or
<br />written, express or implied. The parties agree that no other representations, inducements, promises, agreements, or
<br />warranties relating to this Agreement, oral or otherwise, have been made to or by them. No modification or waiver
<br />of this Agreement shall be valid or binding unless signed in writing by the parties.
<br />6.8 Governing Law; Venue; Severability. This Agreement shall be governed by the laws of the
<br />State of Washington. Venue for any dispute under this Agreement shall be in Kittitas County, Washington. If any
<br />provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions of this
<br />Agreement that can be given effect without the invalid provision, if such remainder is consistent with applicable law
<br />and with the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared
<br />to be severable.
<br />6.9 Waiver. The waiver by a party of any default or breach of this Agreement, or the failure of a
<br />party to enforce any provision hereof or to exercise any right.or privilege hereunder, shall not be deemed to waive
<br />any prior or subsequent breach or default, the enforcement of any provision hereof, or the exercise of any right or
<br />CWU Flight Training Agreement Page 6
<br />
|