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.
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.
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.
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.
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.