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– 1 – JOINT STIPULATION

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

JOINT STIPULATION 

JOINT STIPULATION

Plaintiffs and Defendants jointly stipulate to the following:

1. The caption of the case shall be amended to remove Arizona State 

University (“ASU”) as a defendant, given that Arizona Board of Regents has the 

capacity to be sued on ASU’s behalf. The two Defendants are now “Arizona Board 

of Regents for and on behalf of Arizona State University” and “Mark Brnovich, in his 

official capacity as Attorney General of Arizona.”

2. Defendants have advised Plaintiffs that they will not enforce Ariz. Rev. 

Stat. § 35-393 et seq. (the “Act”) against Plaintiffs in connection with their planned 

April 3, 2018 speaking engagement at Arizona State University, because Defendants 

do not interpret the Act to apply to that engagement.

3. Plaintiffs have raised additional concerns about the “Speaker / Artist /

Performer Agreement,” (see Dkt. 17-1), concerning the “Compliance with Law” 

Case 2:18-cv-00670-JJT Document 20-1 Filed 03/15/18 Page 1 of 9
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– 2 – JOINT STIPULATION

paragraph (paragraph 6). Defendants do not agree with those concerns but counsel 

for ASU has circulated a revised agreement that removes that paragraph (attached 

hereto as Exhibit A). Defendants will accept Plaintiffs’ signatures on this revised 

“Speaker / Artist / Performer Agreement.”

4. Defendant the Arizona Board of Regents will not cancel or veto the April 

3, 2018 event pursuant to Policy Number 5-202(C), or otherwise interfere with ASU’s 

hosting of or Plaintiffs’ participation at the April 3, 2018 speaking engagement, on the 

basis that the event does not adhere to Ariz. Rev. Stat. § 35-393 et seq.

5. Plaintiffs will provide their signatures to the revised agreement (Exhibit 

A) by March 26, 2018. So long as they do so, Defendants will permit Plaintiffs to

participate in the April 3, 2018 event at Arizona State University regarding the 

Boycott, Divestment, and Sanctions movement.

6. The Parties reserve all rights to make any arguments about the lawfulness 

of Defendants’ conduct and the constitutionality of Ariz. Rev. Stat. § 35-393 et seq., 

including Defendants’ arguments that the constitutionality of Ariz. Rev. Stat. § 35-

393 et seq. is not at issue in this case and that there is no case or controversy properly 

before the Court. 

7. In light of the foregoing, Plaintiffs hereby withdraw their Application for 

a Preliminary Injunction (Dkt. 9) and Request for Preliminary Injunction Hearing 

(Dkt. 10), without prejudice, and each party agrees to bear its own costs and fees with 

respect to the same.

Case 2:18-cv-00670-JJT Document 20-1 Filed 03/15/18 Page 2 of 9
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– 3 – JOINT STIPULATION

Dated: March 15, 2018 CAIR LEGAL DEFENSE FUND

By /s/ Lena F. Masri 

 Lena F. Masri (D.C. Bar No. 100019) (pro hac vice)

 Gadeir I. Abbas (VA Bar No. 81161)*

 (pro hac vice) Carolyn M. Homer (D.C. Bar No. 1049145)

 (pro hac vice)

 453 New Jersey Ave., SE

 Washington, DC 20003

Phone: (202) 742-6420

Fax: (202) 379-3317

* Licensed in VA, not in D.C.

Practice limited to federal matters

 KELLY / WARNER, PLLC

By /s/ Raess Mohamed Raees Mohamed, Esq. (AZ Bar # 027418)

 8283 N. Hayden Road, Suite 229

 Scottsdale, Arizona 85258

 Phone: (480) 331-9397

 Fax: (866) 961-4984 

 Attorneys for Plaintiffs

Dated: March 15, 2018 MARK BRNOVICH ATTORNEY GENERAL

By /s/ Drew C. Ensign Drew C. Ensign (No. 25462)

Oramel H. (O.H.) Skinner (No. 32891)

Brunn (Beau) W. Roysden III (No. 28698)

Robert J. Makar (No. 033579)

Attorneys for Defendant Mark Brnovich

in his official capacity as Attorney General

By /s/ Nancy Tribbensee Nancy Tribbensee (No. 011128)

Senior Vice President and General Counsel

José A. Cárdenas (No. 005632)

Senior Vice President and General Counsel,

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– 4 – JOINT STIPULATION

ASU

Attorneys for Defendant Arizona Board of

Regents

Case 2:18-cv-00670-JJT Document 20-1 Filed 03/15/18 Page 4 of 9
Exhibit A

Case 2:18-cv-00670-JJT Document 20-1 Filed 03/15/18 Page 5 of 9
1

OGC 12.13.17

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 will 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 will be deemed to be received upon actual receipt (or refusal of 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 will pay Speaker the all-inclusive fee of $_________________ upon completion of the 

Presentation. Speaker will 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.

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 2.

 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 (i.e.; ABC, Inc., an Arizona Corporation.)

Case 2:18-cv-00670-JJT Document 20-1 Filed 03/15/18 Page 6 of 9
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OGC 12.13.17

6. Press Materials. Speaker will timely supply all press/promotion material requested by ASU.

7. Indemnity. Speaker will indemnify, defend, save 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.

8. Indemnification and Liability Limitation. Because ASU is a public institution, any indemnification,

liability limitation, releases, or hold harmless provisions are limited as required by Arizona law, including

Article 9, Sections 5 and 7 of the Arizona Constitution and Arizona Revised Statutes (ARS) §§ 35-154 and

41-621. ASU’sliability under any claim for indemnification islimited to claimsfor property damage, personal 

injury, or death to the extent caused by acts or omissions of ASU. 

9. Force Majeure. Neither Speaker nor ASU shall be liable to each other for failure to perform hereunder 

if failure is caused by civil tumult, strike, epidemic, or any other cause beyond the reasonable control of the 

parties (Force Majeure). The ingestion of alcohol, opioids, illegal substances, or the like, will not be deemed 

an event of Force Majeure. If the Event or Presentation is cancelled due to an event of Force Majeure, the 

parties will make reasonable efforts to reschedule, if feasible.

10. Cancellation. If either party cancels this Agreement or the Presentation, other than due to an event of 

Force Majeure the other party will have all remedies afforded by law and in equity. In addition, if ASU 

cancels the Event or the Presentation, ASU will reimburse Speaker for reasonable expenses incurred in 

preparation for the Presentation up to the date ASU provides notice of cancellation. 

11. 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 

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.

12. No Assignment. Neither party may assign any rights or obligations under this Agreement without the 

prior written consent of the other party.

13. 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.

14. Governing Law and Venue. This Agreement will be governed by the laws of the State of Arizona. ASU’s

obligations 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. Speaker consents to such 

jurisdiction, and waives objection to venue or convenience of forum.

15. 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 

Case 2:18-cv-00670-JJT Document 20-1 Filed 03/15/18 Page 7 of 9
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OGC 12.13.17

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

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

16. 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.

17. No Revenue Sharing. Speaker will 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.

18. Non-discrimination. The parties will comply with all applicable 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.

19. Conflicts of Interest. If within 3 years after the execution of this Agreement, Speaker hires as an employee

or agent any ASU representative who was significantly involved in negotiating, securing, drafting, or creating

this Agreement, then ASU may cancel this Agreement as provided in ARS § 38-511. Notice is also given of 

ARS §§ 41-2517 and 41-753.

20. Arbitration in Superior Court. The parties agree to arbitrate disputes filed in Arizona Superior Court that 

are subject to mandatory arbitration pursuant to ARS § 12-133. ARS § 12-1518 requires this provision in all 

ASU agreements.

21. Records. To the extent required by ARS § 35-214, the non-ASU parties to this Agreement will retain all 

records relating to this Agreement. Speaker will make those records available at all reasonable times for 

inspection and audit by ASU or the Auditor General of Arizona during the term of this Agreement and for 5 

years after the completion of this Agreement. The records will be provided at ASU in Tempe, Arizona, or 

another location designated by ASU on reasonable notice to Speaker.

22. Failure of Legislature to Appropriate. In accordance with ARS § 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, ASU may provide written notice of this to Speaker and cancel 

this Agreement without further obligation of ASU. Appropriation is a legislative act and is beyond ASU’s 

control.

23. Weapons, Explosives, and Fireworks. ASU prohibitsthe 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 entities, in all ASU residential facilities (whether managed by ASU or another entity), in all ASU

Case 2:18-cv-00670-JJT Document 20-1 Filed 03/15/18 Page 8 of 9
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OGC 12.13.17

vehicles, and at all ASU or ASU affiliate sponsored events and activities, except as provided in ARS § 12-

781, or unless written permission is given by ASU’s Police Chief or a designated representative. Speaker will 

notify all persons or entities who are employees, officers, subcontractors, consultants, agents, guests, invitees 

or licensees of Speaker of this policy, and Speaker will enforce this policy against all such persons and entities. 

ASU’s policy is at asu.edu/aad/manuals/pdp/pdp201-05.html.

24. Privacy; Educational Records. Student educational records are protected by the U.S. Family Educational

Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA). Speaker will not require any ASU students or employees 

to waive any privacy rights (including under FERPA or the European Union’s General Data Protection 

Regulation (GDPR)) as a condition for receipt of any educational services, and any attempt to do so will be 

void. Speaker 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 requires or permits Speaker to access or release any student records, then, for purposes of this

Agreement only, ASU designates Speaker as a “school official” for ASU under FERPA, as defined in FERPA

and its implementing regulations. In addition, any access or disclosures of student educational records by

Speaker or any Speaker Parties must comply with ASU’s definition of legitimate educational purpose. If 

Speaker violatesthis section, Speaker will immediately notify ASU.

25. Authorized Presence Requirements. As required by ARS § 41-4401, ASU is prohibited from awarding a 

contract to any contractor or subcontractor that fails to comply with ARS § 23-214(A) (verification of

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

fully with all applicable immigration laws, rules, and regulations that relate to their employees and their 

compliance with ARS § 23-214(A). A breach of this warranty will be a material breach of this Agreement that 

is subject to penalties up to and including termination. ASU retains the right to inspect the papers of any

contractor or subcontractor employee hereunder to ensure compliance with this warranty.

26. Tobacco-Free University. ASU is tobacco-free. For details visit asu.edu/tobaccofree.

27. 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.

PRINT NAME OF SPEAKER OR

AGENT OF SPEAKER

_______________________________________________________

Signature

Signatory Name

Signatory Title

Date Signed

ARIZONA BOARD OF REGENTS FOR AND ON 

BEHALF OF ARIZONA STATE UNIVERSITY

Signature

Signatory Name

Signatory Title

Date Signed

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