Sample Consulting Agreement Form - Iowa State University

Page 5File C5-84
9.2 Governing Law. This Agreement shall be governed by and construed in accordance with the internal
laws (and not the laws of con icts) of the State of [governing law].
9.3 Complete Agreement. This Agreement constitutes the complete agreement and sets forth the entire
understanding and agreement of the parties as to the subject matter of this Agreement and supersedes all prior
discussions and understandings in respect to the subject of this Agreement, whether written or oral.
9.4 Dispute Resolution. If there is any dispute or controversy between the parties arising out of or relat-
ing to this Agreement, the parties agree that such dispute or controversy will be arbitrated in accordance with
proceedings under American Arbitration Association rules, and such arbitration will be the exclusive dispute
resolution method under this Agreement. The decision and award determined by such arbitration will be nal
and binding upon both parties. All costs and expenses, including reasonable attorney’s fees and expert’s fees,
of all parties incurred in any dispute that is determined and/or settled by arbitration pursuant to this Agree-
ment will be borne by the party determined to be liable in respect of such dispute; provided, however, that
if complete liability is not assessed against only one party, the parties will share the total costs in proportion
to their respective amounts of liability so determined. Except where clearly prevented by the area in dispute,
both parties agree to continue performing their respective obligations under this Agreement until the dispute is
resolved.
9.5 Modi cation. No modi cation, termination, or attempted waiver of this Agreement, or any provision
thereof, shall be valid unless in writing signed by the party against whom the same is sought to be enforced.
9.6 Waiver of Breach. The waiver by a party of a breach of any provision of this Agreement by the other
party shall not operate or be construed as a waiver of any other or subsequent breach by the party in breach.
9.7 Successors and Assigns. This Agreement may not be assigned by either party without the prior writ-
ten consent of the other party; provided, however, that the Agreement shall be assignable by the Company
without Consultant’s consent in the event the Company is acquired by or merged into another corporation or
business entity. The bene ts and obligations of this Agreement shall be binding upon and inure to the parties
hereto, their successors and assigns.
9.8 No Con ict. Consultant warrants that Consultant has not previously assumed any obligations incon-
sistent with those undertaken by Consultant under this Agreement.
IN WITNESS WHEREOF, this Agreement is executed as of the date set forth above.
[COMPANY] [CONSULTANT]
By: _____________________________________ By: _____________________________________
Its: _____________________________________ Its: ______________________________________
. . . and justice for all
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and ac-
tivities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.)
Many materials can be made available in alternative formats for ADA clients. To fi le a complaint
of discrimination, write USDA, Of ce of Civil Rights, Room 326-W, Whitten Building, 14th and
Independence Avenue, SW, Washington, DC 20250-9410 or call 202-720-5964.
Issued in furtherance of Cooperative Extension work, Acts of May 8 and November 30, 1914,
in cooperation with the U.S. Department of Agriculture. Cathann A. Kress, director, Cooperative
Extension Service, Iowa State University of Science and Technology, Ames, Iowa.
Page 5/5
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