1. DISCLAIMER OF WARRANTY.
UNIVERSITY MAKES NO WARRANTY AS TO RESULTS TO BE OBTAINED BY THE USER FROM THE USE OF ANY SERVICES AND/OR FACILITIES PROVIDED BY UNIVERSITY UNDER THIS AGREEMENT, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. NON-LIABILITY OF UNIVERSITY.
A. University shall incur no liability to User or to any third party for any loss, cost, claim, or damage, either direct or consequential, arising from University's delay in performance or failure to perform services pursuant to this Agreement.
B. University shall incur no liability to User for loss or destruction of or damage to any data, equipment, or other property brought upon University premises by User or delivered to University by User in connection with this Agreement, except in the event that such loss, destruction, or damage is caused by the negligent acts or omissions of University, its officers, agents, or employees acting within the course and scope of their employment.
3. INDEMNIFICATION.
A. User shall defend, indemnify and hold University, its officers, agents, and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of User, its officers, agents, or employees.
B. University shall defend, indemnify and hold User its officers, agents, and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of University, its officers, agents, or employees.
4. CONFIDENTIALITY OF INFORMATION.
University shall use reasonable efforts, consistent with its established policies and procedures, to protect the confidentiality of any information furnished to it by User in connection with this Agreement and designated by User, in writing, as confidential. User understands and agrees, however, that University shall have no obligation to comply with any such request of User. User agrees to reimburse University in full for any costs it may incur in order to protect information, in accordance with User's request, by means not normally employed by University for that purpose.
5. UNIVERSITY'S RIGHT TO USE DATA.
University may have the right, with the prior written approval of user, to use for its own purposes, including publication, any data or information which it may develop in connection with or as a result of performing the services described herein.
6. USE OF UNIVERSITY'S NAME.
User may not use the name of the University in any form or manner of business promotion, written advertisement, reports, or other information released to the public without the prior written approval of University.
7. AFFIRMATIVE ACTION.
University warrants that it is an affirmative action employer in compliance with Executive Orders 11246 and 11375.
8. WHOLE AGREEMENT.
This Agreement states the entire contract between the parties in respect to the subject matter of this Agreement. This Agreement supersedes any written or oral agreements, negotiations, discussions, or promises. This Agreement cannot be modified except by a written instrument executed by both parties.