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No faculty, staff or student of Clemson University shall sign any contract binding upon the University unless such individual has been delegated, in writing, the authority to sign such agreements in compliance with this Policy. The following categories of contract are excluded from this requirement: (a) any procurement contract where the total, cumulative value of the goods or services is $2,500 or less; (b) contracts between two or more units, divisions or departments of the University; and (c) standardized, form agreement which have been approved for use, in writing, by the Office of General Counsel, provided no changes of any sort have been made to the form. Any agreement signed by an individual without duly delegated authority shall not be binding upon the University and may result in personal liability for the individual signing.
Contracts must be in Clemson University’s name. Departments are not legal entities and may not contract on behalf of the university.
The S.C. Attorney General’s office has determined that Clemson University may not sign contracts that require the university to Indemnify or hold harmless any entity. Clemson may only be responsible for the negligent acts of its employees while carrying out their official university duties.
When striking the Indemnification clause, the university may insert this statement: Clemson University carries $1,000,000 combined single limit including bodily injury and property damage liability insurance, per occurrence, to cover the negligent acts of its employees while carrying out their official duties.
Governing law must read: State of South Carolina.
Liquidated damages clause must be removed from contracts.
Force majure clause – Should be null and void for both sides, not just one party. Clause should be reciprocal. Sometimes this is called impossibility of performance.
Subrogation language (waiver of subrogation) – must be deleted. Subrogation waivers are not covered under the university’s liability insurance policy.
Clemson University is a state agency and therefore, unable to sign contracts that require us to maintain confidentiality (Freedom of Information Act requires us to release information, when requested).
Arbitration Clause – clause must be deleted.
Delete the contract statement: Person signing contract for Clemson University accepts liability for the contract.
For additional questions: Contact: Office of Risk Management 864-656-3354