Sample Research Facilities/Equipment Use Agreement
This agreement is made between ______________________________ of
__________________, ____________________ (referred to as "USER") and Montana StateUniversity-Bozeman (referred to as "MSU" ), concerning the use of the following MSU facilities/equipment.
Description of Facilities/Equipment:
In consideration for permission to use this equipment, the "USER" agrees to comply with
the following terms and conditions:
1.The USER will pay the following rates for the use of the facilities/equipment:
Payment will be made to the Office of Grants and Contracts, Montana Hall, Montana State University, Bozeman, Montana 59717, according to the following schedule:
2.The USER will reimburse MSU for any and all damages caused to the facilities/equipment and will submit a damage deposit in the amount of $________, which will be applied toward the costs of any damages that may result from the use of the facilities by the USER. The damage deposit will be returned to the USER upon the expiration of this agreement if there are no damages to the facilities or equipment.
3.The USER agrees to reimburse the university for any damage, clean-up or hazardous waste related expenses, including disposal, shipping, damages, and or penalties imposed as a result of its use.
4.The parties agree that the USER, its agents and employees are not agents or employees of Montana State University. The USER will be solely responsible and will assume full responsibility for the actions and omissions of its agents and employees when using MSU equipment. As an independent contractor, USER is solely responsible for worker's compensation coverage of its employees.
5.The USER assumes all responsibility and liability for the requested use and agrees to defend, indemnify and hold MSU harmless from any and all loss, damage or injury to any person or property arising from use of the facilities/equipment.
6.The USER agrees to obtain, at its own expense, public liability insurance in the sum of not less than One Million Dollars ($1,000,000) and property damage insurance in the amount of not less than $_________________. The USER will provide the University with proof of such insurance at the time of entering into this agreement, and will name MSU as an additional insured.
7.The USER will comply with any state, federal or university regulations pertaining to the use of hazardous materials, controlled substances or genetically altered materials and will defend, indemnify and hold MSU harmless from any damages, penalties or other claims made as a result of the USER's failure to comply.
8.The USER will comply with all University regulations and the following special conditions imposed by the University:
9.The USER will be solely responsible for its activities while using University facilities/equipment and agrees to use the equipment at its own risk. MSU makes no warranties or guaranties regarding the suitability for a particular purpose or the accuracy of the equipment to be used under this agreement. MSU shall have no liability for any damages resulting from the use of the equipment or facilities by the USER. 10.This agreement shall become effective on _______________, 20__ and will remain in effect until _______________, 20___.
USER Signature Date
Department Head Date
Vice President for Research
AGREEMENT INVALID UNLESS SIGNED BY ALL PARTIES LISTED ABOVE