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DECLARATION OF DR. HATEM BAZIAN RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

CAIR LEGAL DEFENSE FUND

Lena F. Masri (D.C. Bar # 100019) (seeking pro hac vice admission)

Email: lmasri@cair.com

Gadeir I. Abbas* (VA Bar # 81161) (seeking pro hac vice admission)

Email: gabbas@cair.com

Carolyn M. Homer (D.C. Bar # 1049145) (seeking pro hac vice admission)

Email: chomer@cair.com

453 New Jersey Ave., SE

Washington, DC 20003

Phone: (202) 742-6420

Fax: (202) 379-3317

KELLY / WARNER, PLLC

8283 N. Hayden Road, Suite 229

Scottsdale, Arizona 85258 

Raeesabbas Mohamed, Esq. (AZ Bar # 027418)

Email: raees@kellywarnerlaw.com

Phone: (480) 331-9397

Fax: (866) 961-4984

Attorneys for Plaintiffs 

* Licensed in VA, not in D.C.

Practice limited to federal matters

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

PHOENIX DIVISION

AMERICAN MUSLIMS FOR PALESTINE

and DR. HATEM BAZIAN 

Plaintiffs,

vs.

ARIZONA STATE UNIVERSITY; ARIZONA 

BOARD OF REGENTS; and MARK 

BRNOVICH, in his official capacity as 

Attorney General of Arizona

Defendants.

Case No. CV-18-670-PHX-JJT

DECLARATION OF DR. HATEM BAZIAN

IN SUPPORT OF PLAINTIFFS’ MOTION 

FOR PRELIMINARY INJUNCTIVE RELIEF

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DECLARATION OF DR. HATEM BAZIAN

1. I am Dr. Hatem Bazian, a Palestinian American and the founder and 

chair of American Muslims for Palestine (“AMP”). I have personal knowledge of 

the facts set out in this Declaration. If called upon as a witness I would competently 

testify as to the matters stated herein.

2. I earned my Ph.D. in Philosophy and Islamic Studies from the 

University of California, Berkeley. In 2009 I founded the Center for the Study and 

Documentation of Islamophobia at Berkeley, and in 2012 I launched the 

Islamophobia Studies Journal. I continue to serve as a Lecturer at Berkeley. I also 

am a Professor of Islamic Law and Theology at Zaytuna College, the first Muslim 

Liberal Arts College in the United States, which I helped found. In addition to 

American Muslims for Palestine I serve on the boards of multiple non-profit 

organizations, including the Islamic Scholarship Fund, the Muslim Legal Fund of 

America, and the Northern California Islamic Council.

3. I am an internationally-recognized, leading academic on the study of 

Islamophobia. I am regularly invited to present before universities, government 

bodies, academic conferences, and other events around the world. In addition to a 

multitude of presentations throughout the United States, in recent years I have 

spoken in the United Kingdom, Germany, Norway, Sweden, France, Netherlands, 

Spain, Turkey, Qatar, India, and Mexico. My presentations typically relate to my 

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DECLARATION OF DR. HATEM BAZIAN RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

research and advocacy, including discussions of Islamophobia, the Palestinian 

Conflict, and the Boycott, Divestment and Sanctions (“BDS”) movement. 

Background To The BDS Movement

4. The BDS movement relates to the internationally significant modern

political conflict between Israel and Palestine. Of particular note in that conflict is 

Israel’s 1948 capture of Palestinian territories during the Arab-Israeli War, and

Israel’s occupation of additional Palestinian territories following the Six-Day War in

1967. Since that time, Israel has continued to control, occupy, and settle Palestinian

territories, particularly the West Bank and Golan Heights.

5. On December 23, 2016, the United Nations Security Council

unanimously (with the United States abstaining) adopted U.N. Resolution 2334 (the

“Resolution”). A true and correct copy of that Resolution is attached as Exhibit A. 

The Resolution condemned Israeli settlements in Palestinian Territory and Israeli

maltreatment of Palestinians. The United States abstained from the vote because it

is a close political, economic, and military ally of Israel. Although official United

States policy is to discourage Israeli settlements in Palestinian territory, the United

States has not historically taken formal action to advance that position. 

6. The merits of all perspectives on the Israel-Palestine conflict and the

U.S.’s political actions related to it are robustly and publicly debated by leading

politicians, academics, universities, non-profit organizations, businesses, and media

pundits in the United States and around the world.

7. A major force in the international debate over Israel and Palestine is the

Boycott, Divestment, and Sanctions movement. The BDS movement began on July

– 2 –

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DECLARATION OF DR. HATEM BAZIAN RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

9, 2005 when a plan for Boycott, Divestment, and Sanctions of Israel was endorsed

by a broad coalition of Palestinian civil society, including more than 170 political 

parties, unions, coalitions and organizations. The BDS Call, as it is colloquially 

known, identifies three specific goals for its activism. It seeks to (1) End Israeli

occupation and settlement in Palestinian lands; (2) Recognize Palestinians living in 

Israel as full citizens with equal fundamental rights; and (3) Provide Palestinian

refugees with a right of return to their homes.

8. The BDS movement strives to peacefully impose pressure on Israel to

comply with international law related to Palestine. Although BDS’s goals are welldefined, the BDS movement as a whole is not centrally controlled. Rather,

individuals and organizations across the globe formulate their own economic, 

cultural, and political initiatives to advance the BDS movement and the cause of

justice for Palestine. The BDS movement is comprised of a wide range of economic 

and cultural boycotts against the Israeli government as well as Israeli and American

companies which facilitate, in violation of international law, the occupation of

Palestinian territories and human rights violations against Palestinians.

My Involvement In The BDS Movement

9. I have been involved in the Boycott, Divestment and Sanctions

movement since its original call was issued in 2005. I am a recognized leader of the

BDS movement in the United States. Since the launch of the BDS movement in

2005, I have worked to coordinate advocacy efforts both by Palestinians living in

Israel and Palestine, and by Palestinian allies in the United States. I have worked 

with numerous organizations which support the BDS movement. These

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24 – 4 – DECLARATION OF DR. HATEM BAZIAN RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

organizations include the Students for Justice in Palestine, Arab Students 

Association, Muslim Students Association, Jewish Voices for Peace, the Asian 

American Studies Association, and the American Academy of Religion, and various 

progressive Christian communities including the Presbyterians and Universalists.

10. Back in the 1980s, I advocated in the United States for economic 

boycotts of South Africa due to that nation’s perpetuation of its racially 

discriminatory apartheid system. I particularly supported a boycott of Coca-Cola 

products in grocery stores and on college campuses due to that company’s 

complicity in South African apartheid. By 1986, and in large part due to these 

economic boycotts, Coca-Cola chose to cut ties with South Africa and instead 

donate millions to support human rights and equality. I believe Israel’s continuing 

violations of international law as relates to Palestine, particularly Israel’s occupation 

of Palestinian territories and treatment of Palestinians living in Israel as second-class 

citizens who cannot exercise basic fundamental rights, bears a striking resemblance 

to South African apartheid.

11. In reliance on my experience combatting South African apartheid, I 

have spent much of the last 15 years developing and implementing a strategic vision 

for BDS and Palestinian education and advocacy on college campuses. In recent 

years I have supported student events at UC – Berkeley, UC – Davis, UC – Irvine, 

UC – San Diego, UCLA, San Diego State University, San Francisco State 

University, the University of Michigan, and the University of Chicago, among 

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DECLARATION OF DR. HATEM BAZIAN RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

others. Prior to 2016, I had also previously presented at both Arizona State 

University and the University of Arizona. 

My Invitation To Speak On The BDS Movement At Arizona State University

12. On February 22, 2018, I received an invitation from the Muslim

Students Association at Arizona State University to speak at an April 3, 2018 

campus event. The purpose of the event is to educate the university community

about the global BDS movement. I strongly support such student activities and

would ordinarily be pleased to accept the invitation. A true and correct copy of the 

February 22, 2018 invitation contract I received is attached as Exhibit B. 

13. Notably, attached to the invitation was Arizona State University’s

standard “Speaker / Artist / Performer Agreement.” Over the years I have signed

many similar agreements for routine speaking engagements at many different state

universities. This one, however, stood out. Frankly, it shocked me. For the first

time to my recollection, a boilerplate university speaker contract contained an

express restriction on my personal advocacy, speech, and expressive conduct.

14. Paragraph 20 of the Agreement requires me to swear: “No Boycott of

Israel. As required by Arizona Revised Statutes § 35-393.01, Entity certifies it is not 

currently engaged in a boycott of Israel and will not engage in a boycott of Israel

during the term of this Contract.” I cannot assent to that clause. I am a leader of 

the BDS movement in America, and my anticipated April 3, 2018 lecture at ASU

would include discussion of the historical context for the global BDS movement. I 

personally both engage in and advocate for political, economic, and cultural

boycotts of Israel due to that nation’s continuing violations of international law with

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respect to Palestinians. I cannot cease my boycott, even temporarily, to accede to 

Arizona’s contractual requirements and continue to serve my community in the 

manner I have previously.

15. It is clear to me that Arizona was specifically attempting to favor Israel 

and silence political support for Palestine and the BDS movement when it adopted 

Arizona Revised Statutes § 35-393 in 2016. This offends me as both a Professor 

committed to academic freedom and as an American committed to the First 

Amendment. Americans have a fundamental right to speak out against official 

policy positions of state and federal governments, and advocate for change. 

Boycotts in support of political advocacy are found throughout our nation’s history 

and have been recognized as protected expression by the Supreme Court. Even 

more significantly, the right of Americans to speak out against the policies and civil 

rights abuses of foreign governments is foundational to American democracy. The 

Declaration of Independence was itself premised on political criticism and boycotts 

of British rule. For the State of Arizona to bar me from speaking at a state 

university on the sole basis that I advocate for Palestine and support BDS boycotts 

of Israel is nothing short of censorship.

16. I have no objection to Arizona State University’s “Speaker / Artist / 

Performer Agreement” other than Paragraph 20, the “No Boycott of Israel” clause. 

I have already blocked off April 3, 2018 on my calendar for attendance at the 

Muslim Students Association’s BDS event at Arizona State University. If the “No 

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– 7 – 

DECLARATION OF DR. HATEM BAZIAN RE: MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

Boycott of Israel” clause is stricken or declared unenforceable, I will sign the 

Agreement, enabling me to speak at the April 3, 2018 event. 

17. I verify under penalty of perjury under the laws of the United States 

that the foregoing is true and correct. 

Executed on February __, 2018 at _________, California. 

By: 

Dr. Hatem Bazian

26 Berkeley

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 8 of 18
Exhibit A

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 9 of 18
United Nations S/RES/2334 (2016)

 

Security Council Distr.: General 

23 December 2016 

 Resolution 2334 (2016) 

 Adopted by the Security Council at its 7853rd meeting, on 

 23 December 2016 

The Security Council, 

Reaffirming its relevant resolutions, including resolutions 242 (1967), 338 

(1973), 446 (1979), 452 (1979), 465 (1980), 476 (1980), 478 (1980), 1397 (2002), 

1515 (2003), and 1850 (2008), 

Guided by the purposes and principles of the Charter of the United Nations, 

and reaffirming, inter alia, the inadmissibility of the acquisition of territory by 

force, 

Reaffirming the obligation of Israel, the occupying Power, to abide 

scrupulously by its legal obligations and responsibilities under the Fourth Geneva 

Convention relative to the Protection of Civilian Persons in Time of War, of 

12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the 

International Court of Justice, 

Condemning all measures aimed at altering the demographic composition, 

character and status of the Palestinian Territory occupied since 1967, including East 

Jerusalem, including, inter alia, the construction and expansion of settlements, 

transfer of Israeli settlers, confiscation of land, demolition of homes and 

displacement of Palestinian civilians, in violation of international humanitarian law 

and relevant resolutions, 

Expressing grave concern that continuing Israeli settlement activities are 

dangerously imperilling the viability of the two-State solution based on the 1967 

lines, 

Recalling the obligation under the Quartet Roadmap, endorsed by its 

resolution 1515 (2003), for a freeze by Israel of all settlement activity, including 

“natural growth”, and the dismantlement of all settlement outposts erected since 

March 2001, 

Recalling also the obligation under the Quartet roadmap for the Palestinian 

Authority Security Forces to maintain effective operations aimed at confronting all 

those engaged in terror and dismantling terrorist capabilities, including the 

confiscation of illegal weapons, 

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 10 of 18
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Condemning all acts of violence against civilians, including acts of terror, as 

well as all acts of provocation, incitement and destruction, 

Reiterating its vision of a region where two democratic States, Israel and 

Palestine, live side by side in peace within secure and recognized borders, 

Stressing that the status quo is not sustainable and that significant steps, 

consistent with the transition contemplated by prior agreements, are urgently needed 

in order to (i) stabilize the situation and to reverse negative trends on the ground, 

which are steadily eroding the two-State solution and entrenching a one-State 

reality, and (ii) to create the conditions for successful final status negotiations and 

for advancing the two-State solution through those negotiations and on the ground, 

 1. Reaffirms that the establishment by Israel of settlements in the 

Palestinian territory occupied since 1967, including East Jerusalem, has no legal 

validity and constitutes a flagrant violation under international law and a major 

obstacle to the achievement of the two-State solution and a just, lasting and 

comprehensive peace; 

 2. Reiterates its demand that Israel immediately and completely cease all 

settlement activities in the occupied Palestinian territory, including East Jerusalem, 

and that it fully respect all of its legal obligations in this regard; 

 3. Underlines that it will not recognize any changes to the 4 June 1967 

lines, including with regard to Jerusalem, other than those agreed by the parties 

through negotiations; 

 4. Stresses that the cessation of all Israeli settlement activities is essential 

for salvaging the two-State solution, and calls for affirmative steps to be taken 

immediately to reverse the negative trends on the ground that are imperilling the 

two-State solution; 

 5. Calls upon all States, bearing in mind paragraph 1 of this resolution, to 

distinguish, in their relevant dealings, between the territory of the State of Israel and 

the territories occupied since 1967; 

 6. Calls for immediate steps to prevent all acts of violence against civilians, 

including acts of terror, as well as all acts of provocation and destruction, calls for 

accountability in this regard, and calls for compliance with obligations under 

international law for the strengthening of ongoing efforts to combat terrorism, 

including through existing security coordination, and to clearly condemn all acts of 

terrorism; 

 7. Calls upon both parties to act on the basis of international law, including 

international humanitarian law, and their previous agreements and obligations, to 

observe calm and restraint, and to refrain from provocative actions, incitement and 

inflammatory rhetoric, with the aim, inter alia, of de-escalating the situation on the 

ground, rebuilding trust and confidence, demonstrating through policies and actions 

a genuine commitment to the two-State solution, and creating the conditions 

necessary for promoting peace; 

 8. Calls upon all parties to continue, in the interest of the promotion of 

peace and security, to exert collective efforts to launch credible negotiations on all 

final status issues in the Middle East peace process and within the time frame 

specified by the Quartet in its statement of 21 September 2010; 

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3/3 

 9. Urges in this regard the intensification and acceleration of international 

and regional diplomatic efforts and support aimed at achieving, without delay a 

comprehensive, just and lasting peace in the Middle East on the basis of the relevant 

United Nations resolutions, the Madrid terms of reference, including the principle of 

land for peace, the Arab Peace Initiative and the Quartet Roadmap and an end to the 

Israeli occupation that began in 1967; and underscores in this regard the importance 

of the ongoing efforts to advance the Arab Peace Initiative, the initiative of France 

for the convening of an international peace conference, the recent efforts of the 

Quartet, as well as the efforts of Egypt and the Russian Federation; 

 10. Confirms its determination to support the parties throughout the 

negotiations and in the implementation of an agreement; 

 11. Reaffirms its determination to examine practical ways and means to 

secure the full implementation of its relevant resolutions; 

 12. Requests the Secretary-General to report to the Council every three 

months on the implementation of the provisions of the present resolution; 

 13. Decides to remain seized of the matter. 

 

 

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Exhibit B

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 13 of 18
1

Revised 9.8.2016

SPEAKER/ARTIST/PERFORMER AGREEMENT

This Agreement is entered into as of ______________, 20__, between the Arizona Board of Regents acting 

for and on behalf of Arizona State University (“ASU”) and ____________________________ 1

(“Speaker”), 

or _________________________________________________________, a 

________________, 2 as the authorized agent for Speaker. If Speaker is represented by an authorized agent, 

then references to Speaker herein will also refer to the authorized agent, where appropriate.

1. Engagement; Event. ASU hereby engages Speaker to personally provide the following services, and 

Speaker agrees to personally provide to ASU the following services (the “Presentation”) at the following 

Event (the “Event”): 

Event/Location: 

Dates and times of Event:

Speaker’s Presentation schedule: 

Title of Speaker’s Presentation: 

Speaker’s hospitality requirements: 

Speaker’s technical requirements: 

2. Notice. Any communication or notice required under this Agreement shall be in writing and may either 

be given by personal delivery or sent, in all cases, against receipt, addressed to the following:

If to ASU: If to Speaker:

Attn: Attn: 

Email: Email: 

Notice shall be deemed to be received upon receipt by the receiving party.

3. Speaker Warranty. Speaker warrants that at all times during the Event, Speaker will personally provide 

Speaker’s best professional efforts. Speakers’ professional credentials are such that Speaker can provide the 

Presentation in a knowledgeable and professional manner.

4. Payment. ASU shall pay Speaker the all-inclusive fee of $_______________ upon completion of the 

Presentation. Speaker shall complete a Substitute W-9 Form, which must be signed by the person or entity to 

whom payment is to be issued. ASU will issue all payment in accordance with the information on the 

completed and signed Substitute W-9 Form.

1 – If an authorized agent is signing, please be sure to fill in the speaker name as well.

2 – Include full legal name of authorized agent, state of formation, and type of entity (for example: ABC, Inc., an Arizona Corporation.)

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 14 of 18
2

Revised 9.8.2016

5. Acceptance of Agreement. Speaker will accept and return this Agreement to ASU no later than 

_____________, 20__. In all events, this Agreement must be fully signed and received at ASU at least one 

week prior to the Event to allow on-time payment. This Agreement must be fully signed before payment can 

be processed. Please return a signed copy of this Agreement to ASU at the address set forth in Section 16.

6. Compliance with Law. Speaker will comply with all applicable published ASU, City, County, State and

Federal laws, acts, codes, regulations and policies, including all applicable federal immigration laws and 

regulations that relate to employment.

7. Press Materials. Speaker shall timely supply all press/promotion material requested by ASU.

8. Educational Component. ASU is required to include some type of educational component with every 

program presented by ASU. Speaker shall work with ASU to develop a satisfactory educational component.

9. Indemnity. Speaker shall indemnify, defend, and hold ASU harmless for, from, and against, any all 

claims, demands, suits, costs and damages (including reasonable attorneys’ fees) that ASU may incur by 

reason of any: (a) actual or alleged infringement or violation of any copyright, or other proprietary right by 

Speaker; (b) claim for damages arising from Speaker’s Presentation; or (c) any of Speaker’s costs and 

liabilities arising out of the Presentation or Event, including without limitation: travel and meal expenses; 

union dues; taxes; agents’ commissions or other expenses or obligations; damages to Speaker’s equipment 

or materials; compensation to third parties engaged by Speaker; compensation for lost or stolen equipment or 

materials; workers compensation or other insurance; and any expenses not preapproved by ASU in writing.

10. Indemnification Limitation. ASU is a public institution and, as such, any indemnification, liability 

limitation, or hold harmless provision will be limited as required by Arizona law, including without 

limitation Article 9, Sections 5 and 7 of the Arizona Constitution and A.R.S. §§ 35-154 and 41-621. 

Therefore, notwithstanding any other provision of this Agreement to the contrary, ASU’s liability under any 

claim for indemnification is limited to claims for property damage, personal injury, or death to the extent 

caused by acts or omissions of ASU.

11. Default, Remedies, Force Majeure, Cancellation.

11.1 Default. Failure by either party to perform as specifically described herein shall be deemed to be 

an “Event of Default” hereunder. 

11.2 Remedies. Upon the occurrence of an Event of Default, the non-defaulting party (1) shall have all 

the remedies afforded by law and in equity; and (2) shall have the right to terminate this Agreement.

11.3 Force Majeure. Neither Speaker nor ASU shall be liable for failure to perform hereunder if failure 

is caused by civil tumult, strike, epidemic, or any cause beyond the control of the parties. Labor 

difficulties due to the ingestion of alcohol or illegal substances will not be deemed labor difficulties and

will not be deemed an event of Force Majeure.

11.4 Cancellation. If the Event is cancelled by ASU, reasonable efforts will be made to reschedule.

12. Liability; Insurance. Speaker, at its expense, will procure and maintain, for the duration of the Event, a 

policy of commercial general liability insurance in an amount of not less than $1,000,000, single limit, 

against claims for bodily injury, death and property damage occurring in connection with the Event and the 

Presentation. This insurance must name the Arizona Board of Regents, Arizona State University, and the 

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 15 of 18
3

Revised 9.8.2016

State of Arizona as additional insureds. Speaker must provide ASU with a certificate evidencing this 

insurance coverage no later than 10 days prior to the Presentation.

13. No Assignment. Neither party shall have the right to assign any rights or obligations under this 

Agreement without the prior written consent of the other party.

14. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties 

with respect to its subject matter. No prior or contemporaneous agreement or understanding will be effective.

15. Governing Law and Venue. This Agreement will be governed by the laws of the State of Arizona 

without regard to any conflicts of laws principles. ASU’s obligations hereunder are subject to the 

regulations/policies of the Arizona Board of Regents. Any proceeding arising out of or relating to this 

Agreement will be conducted in Maricopa County, Arizona. Each party waives any objection it may now or 

hereafter have to venue or to convenience of forum.

16. Independent Contractor. Speaker is an independent contractor and is not an employee of ASU. Neither 

Speaker nor any personnel of Speaker will for any purpose be considered employees or agents of ASU. 

Speaker assumes full responsibility for the actions of Speaker’s personnel, and is solely responsible for their 

supervision, direction and control, payment of salary and expenses (including withholding income taxes and 

social security), worker’s compensation, and disability benefits.

17. Recordings; Use of Name and Likeness. Both parties may record the Presentation for internal records. 

No recording of the Presentation, either visual or audio, will be made by or on behalf of Speaker for the 

purposes of profit or significant distribution without prior written approval from ASU. ASU may require an 

additional payment for the privilege, and may require Speaker to sign a filming/recording agreement. ASU 

may record the Presentation on video tape, audio tape, film, photograph or any other medium, use Speaker’s 

name, likeness, voice and biographical material in connection with these recordings for purposes within the 

ASU mission, including education and research, and exhibit or distribute the recording in whole or in part 

without restrictions or limitation for any educational or promotional purpose that ASU deems appropriate.

18. No Revenue Sharing. Speaker shall not participate in any revenues associated with the Presentation or 

Event. This includes: sponsorship, ticketing, ticketing fees, ASU concessions revenues, and any other 

revenue streams that may be associated with the Event.

19. Non-discrimination. The parties will comply with all applicable state and federal laws, rules, 

regulations, and executive orders governing equal employment opportunity, immigration, and 

nondiscrimination, including the Americans with Disabilities Act. If applicable, the parties will abide by

the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit 

discrimination against qualified individuals based on their status as protected veterans or individuals 

with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, 

sex, or national origin. Moreover, these regulations require that covered prime contractors and 

subcontractors take affirmative action to employ and advance in employment individuals without 

regard to race, color, religion, sex, national origin, protected veteran status or disability.

20. No Boycott of Israel. As required by Arizona Revised Statutes § 35-393.01, Entity certifies it is not currently 

engaged in a boycott of Israel and will not engage in a boycott of Israel during the term of this Contract. 

21. Conflicts of Interest. In accordance with Arizona Revised Statutes (“A.R.S.”) § 38-511, ASU may cancel 

this Agreement within three years after the execution of this Agreement, without penalty or further 

obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating this 

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 16 of 18
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Revised 9.8.2016

Agreement on behalf of ASU, at any time while this Agreement or any extension thereof is in effect, is an 

employee or agent of any other party to this Agreement in any capacity or a consultant to any other party 

with respect to the subject matter of this Agreement. Notice is provided of A.R.S. § 41-753D.

22. Arbitration in Superior Court. In the event of litigation, as required by A.R.S. § 12-1518, the parties 

agree to make use of arbitration in all contracts that are subject to mandatory arbitration pursuant to rules 

adopted under A.R.S. § 12-133.

23. Records. To the extent required by A.R.S. § 35-214, the non-ASU parties to this Agreement (jointly and 

severally, “Entity”) will retain all records relating to this Agreement. Entity will make those records available 

at all reasonable times for inspection and audit by ASU or the Auditor General of the State of Arizona during 

the term of this Agreement and for a period of five years after the completion of this Agreement. The records 

will be provided at Arizona State University, Tempe, Arizona, or another location designated by ASU on 

reasonable notice to Entity.

24. Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if ASU’s performance under 

this Agreement depends on the appropriation of funds by the Arizona Legislature, and if the Legislature fails 

to appropriate the funds necessary for performance, then ASU may provide written notice of this to Entity 

and cancel this Agreement without further obligation of ASU. Appropriation is a legislative act and is 

beyond the control of ASU.

25. Weapons, Explosive Devices, and Fireworks. ASU prohibits the use, possession, display or storage of 

any weapon, explosive device or fireworks on all land and buildings owned, leased, or under the control of 

ASU or its affiliated or related entities, in all ASU residential facilities (whether managed by ASU or another 

entity), in all ASU vehicles, and at all ASU or ASU affiliate sponsored events and activities, except as 

provided in A.R.S. § 12-781 or unless written permission is given by the Chief of the ASU Police 

Department or a designated representative. Notification by Entity to all persons or entities who are 

employees, officers, subcontractors, consultants, agents, guests, invitees or licensees of Entity (“Entity 

Notification Parties”) of this policy is a condition and requirement of this Agreement. Entity further agrees 

to enforce this contractual requirement against all Entity Notification Parties. ASU’s policy may be accessed 

through the following web page: http://www.asu.edu/aad/manuals/pdp/pdp201-05.html.

26. Student Educational Records. Student educational records are protected by the federal Family 

Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”). Entity will comply with FERPA and 

will not access or make any disclosures of student educational records to third parties without prior notice to 

and consent from ASU or as otherwise provided by law. If this Agreement contains a scope of work or any 

provision that requires or permits Entity to access or release any student records, then, for purposes of this 

Agreement only, ASU hereby designates Entity as a “school official” for ASU under FERPA, as that term is 

used in FERPA and its implementing regulations. As such, Entity will comply with FERPA and will not 

make any disclosures of ASU students’ educational records to third parties without prior notice to, and 

consent from, ASU or as otherwise permitted by law. In addition, any access or disclosures of student 

educational records made by Entity or its employees and agents must comply with ASU’s definition of 

legitimate educational purpose, which definition can be found at: SSM 107-01: Release of Student 

Information (http://www.asu.edu/aad/manuals/ssm/ssm107-01.html). If Entity violates the terms of this 

section, Entity will immediately provide notice of the violation to ASU.

27. Authorized Presence Requirements. As required by A.R.S. § 41-4401, ASU is prohibited from awarding 

a contract to any contractor or subcontractor that fails to comply with A.R.S. § 23-214(A) (verification of 

employee eligibility through the e-verify program). Entity warrants that it and its subcontractors comply fully 

with all applicable federal immigration laws and regulations that relate to their employees and their 

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 17 of 18
5

Revised 9.8.2016

compliance with A.R.S. § 23-214(A). A breach of the foregoing warranty will be deemed a material breach 

of this Agreement that is subject to penalties up to and including termination of the Agreement. ASU retains 

the legal right to inspect the papers of any contractor or subcontractor employee who works hereunder to 

ensure that the contractor or subcontractor is complying with the warranty stated above.

28. Tobacco-Free University. ASU is tobacco-free. For details visit http://www.asu.edu/tobaccofree.

29. Authority. If an individual or entity signs below on behalf of Speaker, such signatory represents and 

warrants that he/she/it has full and current authority to act and contract on behalf of Speaker and obligate 

Speaker, and that this Agreement is binding upon and enforceable against Speaker and the undersigned (if 

not Speaker) in accordance with its terms.

AGREED:

PRINT NAME OF SPEAKER, OR ARIZONA BOARD OF REGENTS

AUTHORIZED AGENT ON BEHALF OF FOR AND ON BEHALF OF

SPEAKER ARIZONA STATE UNIVERSITY

Signature Signature

Signatory Please Print Name Signatory Please Print Name

Signatory Please Print Title Signatory Please Print Title

Date Signed Date Signed

Case 2:18-cv-00670-JJT Document 9-3 Filed 03/02/18 Page 18 of 18