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B. GUIDELINES FOR CONTRACTUAL RELATIONSHIPS WITH THE UNIVERSITY
 
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B. GUIDELINES FOR CONTRACTUAL RELATIONSHIPS WITH THE UNIVERSITY

1. Each Foundation should execute a formal agreement specifying the responsibilities of the Foundation, acknowledging coordination of fund raising activities, and including other provisions of general application as may be specified by the Board of Visitors.

2. This formal agreement will contain the following provisions:

  • a. The Foundation will coordinate with the University and its other related organizations all fund raising activities undertaken in the name of the Foundation.
  • b. The Foundation will provide the University with an advance copy of any amendments, additions or deletions to its articles of incorporation or bylaws.
  • c. The University and the Foundation acknowledge the independent status of the Foundation and agree that the University and the State are not liable, and will not be held out by the Foundation as liable, for any of the Foundation's contracts, torts, or other acts or omissions, or those of the Foundation's trustees, directors, officers, members, staff or activity participants.
  • d. All correspondence, solicitations, activities and advertisements concerning the Foundation will be clearly discernible as being from the Foundation and not the University.
  • e. The Foundation will not offer a post-secondary course, seminar, workshop or similar instruction, whether or not for credit, using the name of the University or any of its schools or departments. Any publicity concerning such a course must make clear that it is not being offered by the University or any of its academic departments.

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  • f. Funds or gifts payable to the Rector and Visitors of the University of Virginia, the University of Virginia, or to any other University component shall be deposited with the University.
  • g. Any transfer of endowments or other assets by the University to the Foundation, or by the Foundation to the University, for management or investment will be formalized in a memorandum of agreement to assure, among other things, that any restrictions governing the future disposition of funds are observed.
  • h. The University will obtain approval from the board of the Foundation, the University's Board of Visitors and the State in order to borrow funds from the Foundation.
  • i. The University is entitled to recover its costs incurred for personnel, use of facilities, or other services provided to the Foundation.
  • j. The University is obligated to comply with the Virginia Public Procurement Act. Even though not required to comply with that Act, the Foundation may deem it advisable and appropriate to employ competitive practices in purchasing goods and services. If the University has agreed in writing to reimburse the Foundation for goods or services acquired on behalf of the University, the Foundation must comply with State procurement requirements.