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Affiliation Agreement # 11205 Page 3 of 7 <br />5. Nothing in this Agreement is intended to modify, impair, destroy, or otherwise affect any common <br />law, or statutory right to indemnity, or contribution that the University may have against the <br />Facility by reason of any act or omission of the Facility’s employees or agents. <br />6. The Facility shall retain primary responsibility for its patients/clients/customers. <br />7. The Facility acknowledges the risk of the spread of COVID -19 in the workplace and has <br />implemented enhanced health and safety measures, in accordance with guidelines from the U.S. <br />Centers for Disease Control and Prevention, and of other regulatory instituti ons, in response to the <br />COVID-19 pandemic. The Facility shall ensure that such health and safety measures are affo rded <br />to, and provided for, all students assigned to the Facility. <br /> <br />V. UNIVERSITY’S OBLIGATIONS <br /> <br />1. The University will designate faculty or other representatives to coordinate scheduling, provide <br />course information and objectives, and assist in advising students. <br />2. The University will be responsible for developing and carrying out procedures for student selection <br />and admission. <br />3. The University is an Arizona public institution of higher education and is self -insured through the <br />Arizona Department of Administration Risk Management Division pursuant to Arizona Revised <br />Statutes (“A.R.S.”) §41-621, et seq. to cover liabilities arising from the acts and omissions of the <br />University’s employees, students, and agents participating under this Agreement. The University <br />is not responsible for maintaining insurance coverage for liability arising from the acts and <br />omissions of the Facility’s employees and agents. <br />4. The University reserves the right to withdraw any student from the assigned educational <br />experience at the Facility when, in the University’s judgment, the educational experience no longer <br />meets the needs of the student or the Facility is not meeting its obligations as set forth in this <br />Agreement. <br />5. The University shall ensure that students review and understand their responsibilities under this <br />Agreement as outlined in Appendix A. <br /> <br /> <br />VI. STATE OF ARIZONA PROVISIONS <br /> <br />1. Nondiscrimination. The parties agree to comply with all applicable state and federal laws, rules, <br />regulations, and executive orders governing equal employment opportunity, immigration, <br />nondiscrimination, including the Americans with Disabilities Act , and affirmative action. <br />2. Notice of Arbitration Statutes. Pursuant to A.R.S. §12-1518, the parties acknowledge and agree, <br />subject to the Arizona Board of Regents Policy 3-809, that both parties may be required to make <br />use of mandatory arbitration of any legal action that is filed in the Arizona Superior Court <br />concerning a controversy arising out of this Agreement if required by A.R.S. §12-133. <br />3. Conflict of Interest. The parties agree that this Agreement may be cancelled for conflict of interest <br />in accordance with A.R.S. §38-511. The Facility certifies that no such conflict of interest currently <br />exists and that there are no relevant facts or circumstances which could give rise to any actual of <br />potential organizational or personal conflict of interest.