Catering Contract

This Catering Service Contract (the “Contract”) is entered into on _________________, 20XX between [Party-1]
and_______________(“Caterer”) for the purpose of allowing Caterer to provide [catered foodservice] on the PLACE OF
WORK from ________________ through ____________ (the “Term”) The length of this contract is six months.

1. Caterer Information.
Name:
Address:
Telephone Number:
Tax Identification Number:

2. Inclusion on the PLACE OF WORK’s Approved Catering List. By the execution and delivery of this Contract and
Caterer’s compliance with the terms and conditions as outlined in Attachment A, Caterer will be included on the PLACE
OF WORK’s list of approved caterers authorized to provide catering services at PLACE OF WORK functions on the
PLACE OF WORK’s campus. This Contract sets forth the terms and conditions applicable to Caterer’s provision of its
services and compliance with this Contract is a requirement for Caterer to remain in good standing as a PLACE OF
WORK approved caterer. Prior to inclusion on the PLACE OF WORK’s list of approved caterers, Caterer must provide
a signed copy of this Agreement and a certificate of liability insurance. The PLACE OF WORK may terminate a
Catering Agreement and remove a caterer from the approved list at any time and for any reason, or no reason at all.

3. Pricing. [Party-1] pricing shall be based on the Caterer’s published menu.

4. Payment. The PLACE OF WORK’s preferred payment methods are a [Party-1] ProCard (credit card), ACH, or a check
issued net thirty days from receipt of invoice.

5. Discount. A 5% discount will be given for the food portion of full service catered events.

6. Tax Exempt Status. [Party-1] is exempt from Federal Excise Tax and Commonwealth of
Massachusetts Sales Tax if the meals are being used in the conduct of our exempt enterprise. The tax-exempt number of
the PLACE OF WORK is #04-2103637.

7. Terms and Conditions. See Attachment A.

IN WITNESS WHEREOF, the parties have executed this Contract on the dates set forth below in accordance with the terms
attached.

ON BEHALF OF [PARTY-1] ON BEHALF OF CATERER

By:_______________________________________________ By:___________________________________________
_

Name: ____________________________________________ Name:________________________________________

Title:_____________________________________________ Title:_________________________________________
_ _

Date:_____________________________________________ Date:_________________________________________
_ _
 ATTACHMENT A
TO [PARTY-1] CONTRACT
FULL SERVICE CATERING TERMS AND CONDITIONS

These Catering Service Terms and Conditions consist of Articles 1 thru 21, inclusive, which expressly state the terms
agreed between the parties and all attachments expressly made a part hereof (“the Contract”).

1. Term. This is a Contract beginning on __________ and ending on __________.

2. Termination. This contract may be terminated by [Party-1] or Caterer for any reason.

3. Insurance. Caterer is responsible for providing a current up to date copy of its Certificate of Insurance to the [Party-1]
Purchasing Department. Certificates can be sent to [Email address] or mailed to:

[Party-1]
[Address]

[Party-1] should be named as the certificate holder. The following minimum insurance standards shall apply.

Minimum Insurance Requirements:

a. General Liability in an amount not less than $2,000,000 per occurrence, $2,000,000 aggregate, and include
bodily injury, personal injury and property damage

b. Liquor Liability (if alcohol is to be served) in an amount not less than $1,000,000 per occurrence, $1,000,000
aggregate, including liquor legal liability

c. Automobile Liability in an amount not less than $1,000,000 per occurrence for injuries, including accidental
death, to any one person, and subject to the same minimum for each person, in an amount not less than
$1,000,000 for each accident and property damage insurance in an amount of not less than $1,000,000

d. Workers’ Compensation Insurance that meets Massachusetts Statutory Requirements and Employers Liability
of $100,000 bodily injury each accident, disease and aggregate. The policy shall be endorsed with a waiver of
subrogation for all work performed by Caterer, its employees, agents and subcontractors in favor of [Party-1].

e. Amendatory Endorsement to the Liability Policies above must also contain the following additional insured
language:

i. “[Party-1] and each of their trustees, employees, officers, agents, related entities and duly authorized
volunteers individually and collectively are named additional insured.”

f. Carrier Financial Strength: All insurance carriers must meet a minimum financial rating of A.M. Best’s
“A- / IX”.

g. Cancellation or Notice of Non-Renewal: All insurance carriers must provide a minimum notice of
cancellation or non-renewal to the Additional Insured of no less than 30 days.

4. Events Serving Alcohol.

a. Required Permits, Licenses, Registrations: For services including alcohol, Caterer warrants, represents, and
agrees that Caterer and all individuals assigned to provide Services will obtain and maintain, at Caterer’s own
cost, any and all approvals, licenses, filings, registrations and permits required by Massachusetts state and any
other applicable authority legal requirements.

b. Certified Training: Caterer will require that all employees serving alcoholic beverages in completion of the
Services have prior TIPS certified alcohol server training and provide proof of training at each function.

5. Labeling Requirement. In an effort to enhance the safety of the [Party-1] community and our guests, all Full Service
Caterers serving food at PLACE OF WORK events on campus must label all food items with known allergen-containing
ingredients. Food selections must have proper identification cards (12pt font or larger) displaying the name of the dish
and listing any ingredients of known allergens such as milk, eggs, peanuts, tree nuts (such as almonds, cashews or
walnuts), seafood, soy and wheat.
6. Waiver and Release of Liability. Full Service Caterer releases and agrees to fully hold harmless and indemnify, to the
fullest extent permitted by law, [Party-1], its trustees, officers, employees, students, and agents from any and all claims
or liabilities incident to or arising out of the Full Service Caterer’s involvement in any way in preparing, catering and
providing food services on the [Party-1] campus, or for a [Party-1] sponsored event off campus.

7. Permits. The Caterer shall, without additional expense to [Party-1], be responsible for obtaining any necessary licenses
and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the
performance of the work. The Caterer shall also be responsible for all damages to persons or property that occur as a
result of the Caterer's fault or negligence and shall indemnify and hold [Party-1] harmless from and against all damages
and liability which may arise out of failure of Caterer to secure and pay for any such licenses or permits or to comply
fully with any and all applicable Federal, State, and municipal laws, codes, and regulations.

8. Subcontractors. When the Caterer wishes to use, and [Party-1] approves, a subcontractor for any aspect of the provision
of the Services, Caterer shall require the Subcontractor to agree to terms substantially similar to those included herein,
especially those related to insurance and indemnification.

9. Use of [Party-1] Name. The Caterer will not use the [Party-1] name, or any acronym thereof, without [Party-1]’s prior
written approval.

10. Excusable Delay. In the event of a delay caused by inclement weather, fire, flood, strike or other labor dispute, acts of
God, acts of Governmental officials or agencies, or any other cause beyond the control of the Caterer, the Caterer’s
performance is excused hereunder for the periods of time attributable to such a delay, which may extend beyond the time
lost due to one or more of the causes mentioned above.

11. Notice. Any notice or communication required by this Contract shall be in writing and shall be deemed to have been
duly given if delivered personally, or sent by overnight mail, or prepaid registered mail, or confirmed e-mail, addressed
to the parties as set forth in the Contract.

12. Status of Parties. The Caterer is an independent contractor. This Contract is not intended to create, nor shall it be
construed to be, a joint venture, association, partnership, franchise, or other form of business relationship. The Caterer
agrees to fully cooperate with [Party-1] in its defense of the appropriateness of such status. Neither party shall have, nor
hold itself out as having, any right, power or authority to assume, create, or incur any expenses, liability, or obligation on
behalf of the other party, except as expressly provided herein.

13. Third-Party Beneficiary. There are no intended third-party beneficiaries to this Contract.

14. Assignment and Subcontracting . Except as to any payment due hereunder, this Contract may not be assigned or
subcontracted by the Caterer without prior written approval of [Party-1]. In case such consent is given, it shall not
relieve the Caterer from any of the obligations of this Contract and any transferee or subcontractor shall be considered
the agent of the Caterer and, as between the parties hereto, the Caterer shall be and remain liable as if no such transfer or
subcontracting had been made.

15. Severability. If any provision of this Contract is held invalid, illegal or unenforceable in any respect, such provision
shall be treated as severable, leaving the remaining provisions unimpaired, provided that such does not materially
prejudice either party in their respective rights and obligations contained in the valid terms, covenants, or conditions.

16. Non-Waiver. The failure of either party to require the performance of any of the terms of this Contract or the waiver by
either party of any default under this Contract shall not prevent a subsequent enforcement of such term, nor be deemed a
waiver of any subsequent breach.

17. Modification of Contract. Changes to the Contract must be in writing and signed by Caterer and [Party-1].

18. Applicable Law. This Contract shall be governed by the laws of the Commonwealth of Massachusetts. Any legal
actions whether state or federal brought to enforce this Contract shall be brought in the courts of Middlesex County in
the Commonwealth of Massachusetts.

19. Authority. Both parties represent that each has the full authority to perform its obligations under this Contract and that
the person executing this Contract has the authority to bind it.

20. Entire Contract. The Contract constitutes the entire agreement between [Party-1] and Caterer with regard to all matters
herein and may be amended in writing only and signed by both parties.

21. Equal Opportunity Employer. Caterer hereby certifies that it is an Equal Employment Opportunity employer and that
it complies with the provisions set forth in Executive Order 11246, as amended, and with all other applicable state and
federal statutes and regulations that prohibit discrimination in the workplace, including, but not limited to Department of
Labor regulations and the Rehabilitation Act of 1973,as amended. The contract clauses set forth at 41 CFR sec. 60-1.4
(a) and (b), 41 CFR. 60-1.7,41 CFR sec. 60-250.4 and 41 CFR sec. 60-741.4 hereby included and made a part of this
agreement.

END OF TERMS AND CONDITIONS OF CONTRACT