Required contractual terms

All contracts must attach 麻豆传媒映画出品's DA-146a or incorporate each of its terms.

Prohibited contractual terms

Because the university is an instrumentality of the State of Kansas, it is restricted from entering into certain types of contracts (or contracts with certain types of clauses) under various provisions of Kansas鈥 Constitution, statutes, and regulations. The contract review process helps the university avoid legal problems arising out of these restrictions. It also helps the university and its contractors better understand their contractual duties.

WSU provides the following general explanation for why it must delete certain terms from contracts:

As a state educational institution and an entity of the State of Kansas, 麻豆传媒映画出品 State University is subject to a number of regulations that prevent us from entering into contracts or agreements that contain certain provisions. These rules apply to all public colleges and universities in Kansas.

The following provisions are some of the most common provisions that are deleted from contracts to which WSU is a party. Any questions regarding a contract that contains these terms should be directed to the Office of General Counsel.

Legal Name and Description of the University

The correct legal name and description of the university, which should appear on all contracts, is 鈥溌槎勾接郴銎, a state educational institution of Kansas.鈥 The Kansas Board of Regents (KBOR) requires all contracts to be in the name of the university, and prohibits individual schools, divisions, and departments from entering into contracts.

Contracts Must Be Governed By The Laws Of The State Of Kansas

State law provides that the Attorney General has exclusive authority and control over all matters of litigation or potential litigation involving State agencies. As a result, the university does not have statutory authority to accept the governing laws of another state.

Binding Arbitration

The university does not agree to binding arbitration and no contract should include provisions otherwise. The State Attorney General has exclusive authority and control over all matters of litigation or potential litigation involving State agencies, thus the university has no authority to limit the type or scope of judicial action. Provisions which effectively waive the right of the Attorney General to bring actions on behalf of the state are prohibited.

Intellectual Property
The Kansas Board of Regents (KBOR) is responsible for the control, supervision, and operation of WSU and other state universities. It is the policy of KBOR that all rights associated with works produced as 鈥渨orks-for-hire鈥 or other works that make 鈥渟ubstantial use鈥 of WSU resources belong to WSU. Any policies otherwise are prohibited, absent General Counsel review and approval.
Indemnification and / or Hold Harmless Clauses
The university cannot agree to provide any indemnity beyond what is statutorily provided in the Kansas Tort Claims Act K.S.A. 搂 75-6101 et seq. (indemnification cannot exceed Five Hundred Thousand Dollars ($500,000) per occurrence).
Late Payment / Cancellation Charges / Interest Charges
As a state educational institution, the university is governed by the Kansas Prompt Payment Act, K.S.A. 75-6403. Accordingly, the university cannot agree to pay attorney fees, costs, or late payment charges beyond those available under the Act.
Warranty / Guarantee
The university cannot agree to any provision that unconditionally assures or promises a certain result or outcome.
Insurance
As a state educational institution of Kansas, the university is subject to the Kansas Tort Claims Act K.S.A. 搂 75-6101 et seq. (the 鈥淜TCA鈥). The KTCA works in much the same way as liability insurance or self insurance, by covering claims that do not exceed Five Hundred Thousand Dollars ($500,000) per occurrence. As a result, the university does not carry commercial general liability insurance and instead relies on the protection of the KTCA. WSU does have some specific insurance coverage in excess of the KTCA. However, no contract should certify that WSU will maintain certain insurance or identify coverage limits without first discussing with General Counsel to ensure the university can meet any stated requirements.
Attorney's Fees
As a public institution, we cannot agree to pay attorney鈥檚 fees, court costs, or other litigation expenses in the event of a dispute.
Confidentiality
As a state educational institution, the university holds certain obligations under the Kansas Open Records Act (鈥淜ORA鈥). Upon signing a contract, the document itself becomes public record, subject to redaction of any information excepted or exempted under KORA. WSU cannot agree to contractual provisions that prohibit the university from complying with its obligations under KORA.
Any Terms Inconsistent With The Da-146A Contractual Provisions

Pursuant to University Policy 14.03 / Purchase of $3,000 or More, contractual service agreements in the amount of $10,000 or more must be documented in a formal written agreement, and must incorporate the DA-146a Contractual Provisions. On those agreements, the university cannot agree to any contrary terms.