Memorandum of Agreement 2018-2023: Difference between revisions

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:{{hanging indent|text=6.12 The Association shall ensure that all Clubs are made aware of the conditions for the use of the McGill name or trademark, as outlined in this Agreement and the Association correct any misuse within two (2) weeks from the Association becoming made aware of the misuse. }}

==7. CONTRACTS AND LEGAL PROCEEDINGS==

:{{hanging indent|text=7.1. Any acts, contracts, and legal proceedings involving either party shall be the exclusive responsibility of that party.}}

:{{hanging indent|text=7.2. Neither party shall enter into nor execute any cheques, contracts, documents, instruments, receipts, leases or other agreements in the name of the other party or in any way engage the liability of the other party thereon by any other means.}}

:{{hanging indent|text=7.3. The Association shall not solicit or receive any gift, grant or bequest in the name of the University without the prior written consent of the University.}}

:{{hanging indent|text=7.4. Should any legal proceedings or claims be taken or made against one party as a result of an act of the other, the said legal proceeding or claims shall be immediately referred to the other party, which shall deal with it in a timely manner and at its own expense. Any costs or expenses incurred by the party for such legal proceedings or claim including, inter alia, any legal fees, condemnation, order, settlement, interest, judicial and extra judicial fees and costs, shall be entirely at the charge of the other party.}}

:{{hanging indent|text=7.5. Either party shall have the option of engaging its own legal counsel to intervene in any legal proceedings in respect of the other party where its interests are involved. In such a case, all expenses, extra judicial fees and disbursements shall be borne exclusively by the party which has invoked this option. }}

==8. RIGHT TO SET OFF==

:{{hanging indent|text=8.1. Should the University, following due notice to the Association, be required to pay any of the charges, costs, expenses, debts and claims which are by these presents to be borne exclusively by the Association, or should the Association be in any way indebted to the University, the University is authorized to collect or set off the said amount against the funds paid or payable to the Association hereunder.}}

:{{hanging indent|text=8.2. In accordance with the present Agreement: }}

:::{{hanging indent|text=a) The University must provide the Association with a written notice of the charges, costs, expenses, debts and claims providing complete details and documents relating thereto. }}

:::{{hanging indent|text=b) The Association shall have thirty (30) working days (or 60 calendar days between period May 1st and August 31st) after the receipt of such notice in which to resolve and/or remedy the matter.}}

:::{{hanging indent|text=c) The University shall exercise its best effort to inform the Association as soon as possible within the same budget year (defined as the period June 1st to May 31st) of any charges, costs, expenses, debts and claims on the part of the Association under this clause. }}

==9. LIQUOR PERMITS ==

:{{hanging indent|text=The Association shall apply for and maintain in its name necessary liquor permits for any event, it and any of its clubs or groups, may hold from time to time for its own purposes. }}

:{{hanging indent|text=9.1 The Association recognizes and reaffirms its commitment to respect article 39 of the '''''Québec Act Respecting Liquor Permits (chapter P-9.1)''''' that specifies the Association may only hold '''reunion class liquor permits,''' as defined in article 33 of the Québec Act Respecting Liquor Permits (chapter P-9.1), for events held within university buildings or anywhere on University property. The hosting of such events is subject to prior express approval of the University and to such other conditions as set by the University from time to time. }}

:{{hanging indent|text=9.2 The Association shall exercise its permits in accordance with all laws, municipal and government regulations and well as all internal requirements and policies of the University and appropriate standards of conduct, that include, but are not limited to, those relating to: }}

:::{{hanging indent|text=(a) hosting on campus events only in approved University locations;}}

:::{{hanging indent|text=(b) advertising these campus events, and the cost of alcohol, in accordance with the law;}}

:::{{hanging indent|text=(c) purchasing, storing (as applicable) and serving the alcoholic beverages at these events in accordance with the law; }}

:::{{hanging indent|text=(d) adhering to all requirements with respect to building, fire, security and room capacity, and other legal requirements and University regulations as well as appropriate standards of conduct.}}

::For greater clarity, the Association:

:::{{hanging indent|text=i. may not extend the Association’s reunion permits granted for events within the Association designated premises to events occurring in other University buildings or on other University premises; }}

:::{{hanging indent|text=ii. may not serve beer from kegs;

:::{{hanging indent|text=iii. may not serve beer and other alcoholic beverages in cans or bottles but in plastic cups; and }}

:::{{hanging indent|text=iv. shall comply with such other conditions as set by the University from time to time. }}

:{{hanging indent|text=9.3 The Association shall ensure that the events hosted by the Association include activities that allow members to socialize without requiring the purchase or consumption of alcohol for participation in the activity or event. }}

:{{hanging indent|text=9.4 The Association shall hold harmless the University for any and all claims, fees or fines arising from its exercise or omission to exercise its rights and duties under such permits and as host of these events.}}

==10. REPRESENTATIONS OF THE ASSOCIATION==

:{{hanging indent|text=10.1 The Association represents warrants and covenants that:}}

::{{hanging indent|text=10.1.1 the charter documents, constitution and by-laws of the Association consist entirely of the documents remitted to the University concurrently with the execution of the present Agreement and which appear as '''Appendix C'''. The Constitution and By-laws of the Corporation are provided for reference purposes. The parties agree that no clause in the Constitution or By-laws shall modify or supersede this Agreement.}}

::{{hanging indent|text=10.1.2 a referendum of the Association members has been duly held in accordance with its constitution approving the existing Association Fees and such referendum continues to bind the Association and its members;}}

::{{hanging indent|text=10.1.3 it has amended its policies and procedures to provide for conflict of interest provisions respecting the hiring of employees, contracts with related parties and the administration of its affairs;}}

::{{hanging indent|text=10.1.4 it is and shall maintain its status as a corporation under Part III of the ''Quebec Companies Act'' whose membership is limited to regularly registered undergraduate engineering students, including those students registered in the School of Architecture; }}

::{{hanging indent|text=10.1.5 undergraduate students registered at the University are entitled to membership but no member may act as Director or Officer of the Association while subject to any disciplinary measure under the '''''Handbook of Students Rights and Responsibilities''''' that has the effect of removing the student status.}}

:{{hanging indent|text=10.2 For greater clarity, the Association shall provide the Deputy Provost (Student Life and Learning) annually with:}}

::{{hanging indent|text=i. a copy of the Association's '''annual Declaration of Incorporation''' as proof that the Association has maintained its incorporated status; }}

::{{hanging indent|text=ii. a copy of the Association’s '''annual audited Financial Statements''' prepared in accordance with Article 5 herein; }}

::{{hanging indent|text=iii. a copy of the annual '''Certificate of Insurance''' obtained in accordance with Article 4 herein; }}

::{{hanging indent|text=iv. '''any changes to the documents''' remitted to the University concurrently with the execution of the present Agreement, within 30 days of the change.}}

==11. EVENT OF DEFAULT==

:{{hanging indent|text=11.1 Each of the following shall be considered an event of default:}}

::{{hanging indent|text=11.1.1 when either the Association or the University breaches a term or condition of the present agreement or of any other agreement between the Association and the University;}}

::{{hanging indent|text=11.1.2 when the Association violates its charter, constitution or by-laws, or any duly approved regulations, rules or policies of the University some of which appear at [http://www.mcgill.ca www.mcgill.ca] and in particular those in the University Administrative Handbook located at [http://www.mcgill.ca/adminhandbook/ http://www.mcgill.ca/adminhandbook/]}}

::{{hanging indent|text=11.1.3 when an audit reveals irregularities in the management or administration of the books, financial records, accounts or corporate affairs of the Association; }}

::{{hanging indent|text=11.1.4 when, in the course of or subsequent to an audit, the Association’s auditor reports on material fraud, error or misstatement of the books or financial records of the Association; }}

::{{hanging indent|text=11.1.5 when the Association ceases to operate, dissolves, modifies its status, makes any general assignment for the benefit of the creditors, takes the benefit of any insolvency or bankruptcy act or if a receiver or trustee be appointed for the property of the Association or any part thereof.}}

:{{hanging indent|text=11.2 In the event of default, either party shall be entitled to written notice of default and upon receipt of such notice, shall have 30 working days (or 60 calendar days between the period May 1st and August 31st) within which to remedy such default. }}

:{{hanging indent|text=11.3 In the event of a dispute over the existence of a default, either party shall be entitled to submit the dispute to arbitration by giving the other party written notice no later than 90 calendar days from the date of the notice referred to in Section 11.2. Such notice shall suspend the delay granted to remedy the default referred to in Section 11.2.}}

:{{hanging indent|text=11.4 Submission to arbitration shall be made in accordance with the provisions of the Québec Code of Civil Procedures (Sections 940 and following) to one arbitrator chosen by the parties. The fees and expenses of the arbitrator shall be shared equally between the parties.}}

:{{hanging indent|text=11.5 The parties agree that it is in their best interest to resolve any dispute amicably. The parties agree to engage in an open and respectful dialogue between the Deputy Provost (Student Life and Learning) and the President of the Association with the aim of arriving at an amicable resolution of the dispute.}}

==12. REMEDIES==

:{{hanging indent|text=12.1 Upon the confirmation of the occurrence of a default by either party, in accordance with section 11, the present Agreement may be resiliated forthwith upon written notice to the defaulting party. }}

:{{hanging indent|text=12.2 Upon the confirmation of the occurrence of an event of default by the Association, in accordance with section 11, the parties agree that funds assessed by the University for the Association shall be allocated to an interim trust fund ("Trust Fund") in the name of the Association. The Trust Fund shall be administered by the University and overseen by a committee of five (5) individuals comprising of two University representatives, two Association representatives and chaired by a person selected by agreement of the parties. The Committee shall oversee the administration of the Trust Fund until such time as the Association has been restructured and reinstated, or the default corrected. }}

:{{hanging indent|text=12.3 It is expressly agreed that such resiliation shall be in addition and without prejudice to all other rights as provided by law or herein. }}

:{{hanging indent|text=12.4 Any condition of default shall be subject to a prescription period as determined by law.}}

==13. STUDENT PUBLICATIONS==

:{{hanging indent|text=13.1 The University recognizes that the Association's role as a representative body of engineering undergraduate students may necessitate the publication of newspapers, newsletters and periodicals directed toward its members (“Publications”). }}

::{{hanging indent|text=The Association publishes three (3) newsletters sent to its members entitled:}}

::::{{hanging indent|text=- '''''The EUS Pipeline''': weekly, electronically ''}}

::::{{hanging indent|text=- '''''The Plumber’s Faucet:''' bi-weekly, electronically and in paper }}

::::{{hanging indent|text=- '''''The Plumber’s Ledger:''''' bi-weekly, electronically and in paper}}

:{{hanging indent|text=13.2 For each Publication, whether in print or in electronic form, the following shall apply: }}

::{{hanging indent|text=13.2.1 The Association shall display on the title page of the Publication, the Association’s name and approved logo, as applicable, with the following notice appearing immediately below the Publication’s name. }}

:::''“Published by the Engineering Undergraduate Society of McGill University”''

:{{hanging indent|text=13.2.2 The Publication shall also contain the following notice , on the second page or back cover page in at least 9-point font, and on the Publication’s website: }}

:::''“Published by '''THE ENGINEERING UNDERGRADUATE SOCIETY''' a student society of McGill University. The content of this publication is the sole responsibility of '''THE ENGINEERING UNDERGRADUATE SOCIETY''' and does not necessarily represent the views of McGill University.”'' }}

:{{hanging indent|text=13.2.3 The Publications may not display the McGill name, crest or logo in its masthead or integrated in any way with the name or logo of the Publication.}}

:{{hanging indent|text=13.3 The parties recognise that the editorial, reporting and advertising content of the Publication is the sole and exclusive responsibility of the Association. For greater certainty, the parties acknowledge that the University shall not be responsible or liable for the editorial, reporting or advertising content of the Publications.}}

::The Association may distribute the Publication to the list of Approved Campus Locations appears in Appendix D.

:{{hanging indent|text=13.4 Notwithstanding the generality of the foregoing, the permission granted to the Association under this Agreement does not extend to the distribution of commercial flyers and advertisements for third parties, either placed loosely within the Publication or distributed with the Publication (whether or not placed on the newsstands), which is strictly prohibited. }}

:{{hanging indent|text=13.5 It is understood that subject to the provisions in this Agreement, the Association is permitted to produce and distribute to its members at no cost, Association brochures and agendas.}}

==14. BUSINESS ACTIVITIES==

The following are the general principles governing the business activities of the Association: }}

:{{hanging indent|text=14.1 The Association is permitted to engage in the revenue-generating activities on the University premises as listed in Appendix E. }}

:{{hanging indent|text=14.2 The Association must receive the University’s prior written approval for changes in the use of University space for revenue-generating activities as listed in Appendix E. }}

:{{hanging indent|text=14.3 The Association must have the University's prior written agreement in signing any contracts or agreements with external parties, for Association's business purposes that lead to the use of University space and/or facilities by such external parties unless the external party is wholly owned and controlled by the Association. }}

:{{hanging indent|text=14.4 When University space and/or facilities are used for business activities, the University must be reimbursed appropriately for the costs associated with the use of such space and/or facilities; these may include but not be limited to the payment of electricity, janitorial and maintenance charges. The University shall provide the Association details and documents of such charges, upon request. }}

:{{hanging indent|text=14.5 Any University space or facilities used for business activities may be subject to a lease arrangement which may include the payment of rent. }}

:{{hanging indent|text=14.6 The University and the Association will undertake to discuss contracts or agreements with external third parties regarding certain business activities which may lead to the recovery of costs for the University as well as generate sufficient income to the benefit of both the University and the Association. }}

:{{hanging indent|text=14.7 All costs, taxes and fees associated with the use of the space and/or facilities by the Association that may become due is the responsibility of the Association.

==15. LOCATION==

:{{hanging indent|text=15.1 In accordance with its status as a student association, the University shall provide the Association with a room at no charge which shall constitute an office from which to conduct its activities. The location of this room shall be on or around the Montreal campus of the University, and when reasonably possible within the buildings housing the Faculty of Engineering, and shall constitute the Association's principal premises. }}

:{{hanging indent|text=15.2 The University further grants to the Association the use of the University space and/or facilities which appears in Appendix F at no charge for the term of this Agreement and for the stated purpose. No change may be made to the use of the space and/or facilities without the express prior approval of the Deputy Provost (Student Life and Learning).}}

:{{hanging indent|text=15.3 Any request for additional space shall be made to the Deputy Provost (Student Life and Learning) and shall be subject to availability and may be evidenced by a separate lease agreement between the parties. All such space shall be confirmed in writing by the Deputy Provost (Student Life and Learning), whose confirmation shall constitute an amendment to this Agreement. }}

:{{hanging indent|text=15.4 The University reserves the right to bill the Association for any extraordinary cleaning or repair necessitated as a result of an Association-sponsored activity in University premises listed in either Appendix E or F.}}

:{{hanging indent|text=15.5 The Association shall use the space exclusively by the Association and only for the stated purposes. It may not be used or rented out to others. }}

:{{hanging indent|text=15.6 All costs, taxes and fees associated with the use of the space and/or facilities that may become due is the responsibility of the Association}}

==16. TELEPHONE, E-MAIL AND MAIL SYSTEMS ==

:As long as the Association is located in a University building, the Association shall beentitled:

:{{hanging indent|text=16.1 to purchase telephone services from the University, including the "398" exchange number, long distance services, internal switching and University directory listings. No equipment other than that provided by McGill Network and Communications services may be attached to lines provided by McGill; }}

:{{hanging indent|text=16.2 to purchase backbone connectivity and Internet access for their computers. This does not include a right to web casting. This may be subject to a separate agreement; }}

:{{hanging indent|text=16.3 to use the University's e-mail system subject to the Association, its employees, officers and volunteers respecting University policies, including but not limited to, the '''''Policy on Responsible Use of McGill Information Technology Resources.''''' }}

:{{hanging indent|text=16.4 use the University's mailing system, including internal delivery. The Association shall pay for all costs associated with the use, including but not limited to, the cost of external mail sent through the University mailing system.}}

:{{hanging indent|text=16.5 Subject to the conditions set out in Articles 7 and 14, the University grants the Association the right to use “McGill” within its domain name [http://www.mcgilleus.ca http://www.mcgilleus.ca] within the Associations’ own independent interactive website.}}

:{{hanging indent|text=16.6. The Association shall pay for all costs associated with the integration and the use of these systems, as well as wireless internet service, as set from time to time.}}

:{{hanging indent|text=16.7. Integration in these University systems is a privilege, which may be revoked, should the University reasonably believe that the Association has used any system in a manner contravening McGill’s policy. The University shall provide the Association with such reasonable notice, as deemed to be appropriate, prior to revoking any of these systems. }}

==17. STAFF STATUS==

:All staff hired by the Association shall have exclusive Association employment status. The working conditions, including payroll, of the Associations staff shall be determined solely by the Association.

==18. TERM AND REVIEW==

:The term of the present agreement is five (5) years beginning on '''June 1st, 2018''' and '''ending''' on '''May 31st, 2023'''. Twelve (12) months prior to the expiration of the term, the parties shall review in good faith the terms and conditions with a view to renew on a mutually agreeable basis. In the event the parties are unable to agree on the terms of renewal, the terms of the present agreement shall be extended for maximum of nine months.

==19. NOTICE==

:Any notice to be given by the present Agreement shall be given to the University at its above-mentioned address to the attention of the '''Deputy Provost (Student Life and Learning)''', and to the Association to the attention of its '''President''' or any available officer should the President not be available.

==20. ENTIRE AGREEMENT==

:This present Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes and replaces all prior agreements, undertakings, negotiations and discussions of the parties.

==21. LANGUAGE==

:The parties to the present Agreement have requested that the present Agreement and all documents and notices related therewith be drafted in the English language. ''Les parties à la présente ont demandé que la présente convention et tout document ou avis y afférent soit rédigés dans la langue anglaise.''

[[Category:Other Documents]]

@@ Line 137: / Line 137: @@
 :{{hanging indent|text=6.12	The Association shall ensure that all Clubs are made aware of the conditions for the use of the McGill name or trademark, as outlined in this Agreement and the Association correct any misuse within two (2) weeks from the Association becoming made aware of the misuse. }}
+==7. CONTRACTS AND LEGAL PROCEEDINGS==
+:{{hanging indent|text=7.1.	Any acts, contracts, and legal proceedings involving either party shall be the exclusive responsibility of that party.}}
+:{{hanging indent|text=7.2.	Neither party shall enter into nor execute any cheques, contracts, documents, instruments, receipts, leases or other agreements in the name of the other party or in any way engage the liability of the other party thereon by any other means.}}
+:{{hanging indent|text=7.3.	The Association shall not solicit or receive any gift, grant or bequest in the name of the University without the prior written consent of the University.}}
+:{{hanging indent|text=7.4.	Should any legal proceedings or claims be taken or made against one party as a result of an act of the other, the said legal proceeding or claims shall be immediately referred to the other party, which shall deal with it in a timely manner and at its own expense. Any costs or expenses incurred by the party for such legal proceedings or claim including, inter alia, any legal fees, condemnation, order, settlement, interest, judicial and extra judicial fees and costs, shall be entirely at the charge of the other party.}}
+:{{hanging indent|text=7.5.	Either party shall have the option of engaging its own legal counsel to intervene in any legal proceedings in respect of the other party where its interests are involved. In such a case, all expenses, extra judicial fees and disbursements shall be borne exclusively by the party which has invoked this option. }}
+==8. RIGHT TO SET OFF==
+:{{hanging indent|text=8.1.	Should the University, following due notice to the Association, be required to pay any of the charges, costs, expenses, debts and claims which are by these presents to be borne exclusively by the Association, or should the Association be in any way indebted to the University, the University is authorized to collect or set off the said amount against the funds paid or payable to the Association hereunder.}}
+:{{hanging indent|text=8.2.	In accordance with the present Agreement: }}
+:::{{hanging indent|text=a)	The University must provide the Association with a written notice of the charges, costs, expenses, debts and claims providing complete details and documents relating thereto. }}
+:::{{hanging indent|text=b)	The Association shall have thirty (30) working days (or 60 calendar days between period May 1st and August 31st) after the receipt of such notice in which to resolve and/or remedy the matter.}}
+:::{{hanging indent|text=c)	The University shall exercise its best effort to inform the Association as soon as possible within the same budget year (defined as the period June 1st to May 31st) of any charges, costs, expenses, debts and claims on the part of the Association under this clause. }}
+==9. LIQUOR PERMITS ==
+:{{hanging indent|text=The Association shall apply for and maintain in its name necessary liquor permits for any event, it and any of its clubs or groups, may hold from time to time for its own purposes. }}
+:{{hanging indent|text=9.1	The Association recognizes and reaffirms its commitment to respect article 39 of the '''''Québec Act Respecting Liquor Permits (chapter P-9.1)''''' that specifies the Association may only hold '''reunion class liquor permits,''' as defined in article 33 of the Québec Act Respecting Liquor Permits (chapter P-9.1), for events held within university buildings or anywhere on University property. The hosting of such events is subject to prior express approval of the University and to such other conditions as set by the University from time to time. }}
+:{{hanging indent|text=9.2	The Association shall exercise its permits in accordance with all laws, municipal and government regulations and well as all internal requirements and policies of the University and appropriate standards of conduct, that include, but are not limited to, those relating to: }}
+:::{{hanging indent|text=(a)	hosting on campus events only in approved University locations;}}
+:::{{hanging indent|text=(b)	advertising these campus events, and the cost of alcohol, in accordance with the law;}}
+:::{{hanging indent|text=(c)	purchasing, storing (as applicable) and serving the alcoholic beverages at these events in accordance with the law; }}
+:::{{hanging indent|text=(d)	adhering to all requirements with respect to building, fire, security and room capacity, and other legal requirements and University regulations as well as appropriate standards of conduct.}}
+::For greater clarity, the Association:
+:::{{hanging indent|text=i.	may not extend the Association’s reunion permits granted for events within the Association designated premises to events occurring in other University buildings or on other University premises; }}
+:::{{hanging indent|text=ii.	may not serve beer from kegs;
+:::{{hanging indent|text=iii.	may not serve beer and other alcoholic beverages in cans or bottles but in plastic cups; and }}
+:::{{hanging indent|text=iv.	shall comply with such other conditions as set by the University from time to time. }}
+:{{hanging indent|text=9.3	The Association shall ensure that the events hosted by the Association include activities that allow members to socialize without requiring the purchase or consumption of alcohol for participation in the activity or event. }}
+:{{hanging indent|text=9.4 The Association shall hold harmless the University for any and all claims, fees or fines arising from its exercise or omission to exercise its rights and duties under such permits and as host of these events.}}
+==10. REPRESENTATIONS OF THE ASSOCIATION==
+:{{hanging indent|text=10.1	The Association represents warrants and covenants that:}}
+::{{hanging indent|text=10.1.1	the charter documents, constitution and by-laws of the Association consist entirely of the documents remitted to the University concurrently with the execution of the present Agreement and which appear as '''Appendix C'''. The Constitution and By-laws of the Corporation are provided for reference purposes. The parties agree that no clause in the Constitution or By-laws shall modify or supersede this Agreement.}}
+::{{hanging indent|text=10.1.2	a referendum of the Association members has been duly held in accordance with its constitution approving the existing Association Fees and such referendum continues to bind the Association and its members;}}
+::{{hanging indent|text=10.1.3	it has amended its policies and procedures to provide for conflict of interest provisions respecting the hiring of employees, contracts with related parties and the administration of its affairs;}}
+::{{hanging indent|text=10.1.4	it is and shall maintain its status as a corporation under Part III of the ''Quebec Companies Act'' whose membership is limited to regularly registered undergraduate engineering students, including those students registered in the School of Architecture; }}
+::{{hanging indent|text=10.1.5	undergraduate students registered at the University are entitled to membership but no member may act as Director or Officer of the Association while subject to any disciplinary measure under the '''''Handbook of Students Rights and Responsibilities''''' that has the effect of removing the student status.}}
+:{{hanging indent|text=10.2	For greater clarity, the Association shall provide the Deputy Provost (Student Life and Learning) annually with:}}
+::{{hanging indent|text=i.	a copy of the Association's '''annual Declaration of Incorporation''' as proof that the Association has maintained its incorporated status; }}
+::{{hanging indent|text=ii.	a copy of the Association’s '''annual audited Financial Statements''' prepared in accordance with Article 5 herein; }}
+::{{hanging indent|text=iii.	a copy of the annual '''Certificate of Insurance''' obtained in accordance with Article 4 herein; }}
+::{{hanging indent|text=iv.	'''any changes to the documents''' remitted to the University concurrently with the execution of the present Agreement, within 30 days of the change.}}
+==11. EVENT OF DEFAULT==
+:{{hanging indent|text=11.1	Each of the following shall be considered an event of default:}}
+::{{hanging indent|text=11.1.1	when either the Association or the University breaches a term or condition of the present agreement or of any other agreement between the Association and the University;}}
+::{{hanging indent|text=11.1.2	when the Association violates its charter, constitution or by-laws, or any duly approved regulations, rules or policies of the University some of which appear at [http://www.mcgill.ca www.mcgill.ca] and in particular those in the University Administrative Handbook located at [http://www.mcgill.ca/adminhandbook/ http://www.mcgill.ca/adminhandbook/]}}
+::{{hanging indent|text=11.1.3	when an audit reveals irregularities in the management or administration of the books, financial records, accounts or corporate affairs of the Association; }}
+::{{hanging indent|text=11.1.4	when, in the course of or subsequent to an audit, the Association’s auditor reports on material fraud, error or misstatement of the books or financial records of the Association; }}
+::{{hanging indent|text=11.1.5	when the Association ceases to operate, dissolves, modifies its status, makes any general assignment for the benefit of the creditors, takes the benefit of any insolvency or bankruptcy act or if a receiver or trustee be appointed for the property of the Association or any part thereof.}}
+:{{hanging indent|text=11.2	In the event of default, either party shall be entitled to written notice of default and upon receipt of such notice, shall have 30 working days (or 60 calendar days between the period May 1st and August 31st) within which to remedy such default. }}
+:{{hanging indent|text=11.3	In the event of a dispute over the existence of a default, either party shall be entitled to submit the dispute to arbitration by giving the other party written notice no later than 90 calendar days from the date of the notice referred to in Section 11.2. Such notice shall suspend the delay granted to remedy the default referred to in Section 11.2.}}
+:{{hanging indent|text=11.4	Submission to arbitration shall be made in accordance with the provisions of the Québec Code of Civil Procedures (Sections 940 and following) to one arbitrator chosen by the parties. The fees and expenses of the arbitrator shall be shared equally between the parties.}}
+:{{hanging indent|text=11.5	The parties agree that it is in their best interest to resolve any dispute amicably. The parties agree to engage in an open and respectful dialogue between the Deputy Provost (Student Life and Learning) and the President of the Association with the aim of arriving at an amicable resolution of the dispute.}}
+==12. REMEDIES==
+:{{hanging indent|text=12.1	Upon the confirmation of the occurrence of a default by either party, in accordance with section 11, the present Agreement may be resiliated forthwith upon written notice to the defaulting party. }}
+:{{hanging indent|text=12.2	Upon the confirmation of the occurrence of an event of default by the Association, in accordance with section 11, the parties agree that funds assessed by the University for the Association shall be allocated to an interim trust fund ("Trust Fund") in the name of the Association. The Trust Fund shall be administered by the University and overseen by a committee of five (5) individuals comprising of two University representatives, two Association representatives and chaired by a person selected by agreement of the parties. The Committee shall oversee the administration of the Trust Fund until such time as the Association has been restructured and reinstated, or the default corrected. }}
+:{{hanging indent|text=12.3	It is expressly agreed that such resiliation shall be in addition and without prejudice to all other rights as provided by law or herein. }}
+:{{hanging indent|text=12.4 	Any condition of default shall be subject to a prescription period as determined by law.}}
+==13. STUDENT PUBLICATIONS==
+:{{hanging indent|text=13.1	The University recognizes that the Association's role as a representative body of engineering undergraduate students may necessitate the publication of newspapers, newsletters and periodicals directed toward its members (“Publications”). }}
+::{{hanging indent|text=The Association publishes three (3) newsletters sent to its members entitled:}}
+::::{{hanging indent|text=- '''''The EUS Pipeline''': weekly, electronically ''}}
+::::{{hanging indent|text=- '''''The Plumber’s Faucet:''' bi-weekly, electronically and in paper }}
+::::{{hanging indent|text=- '''''The Plumber’s Ledger:''''' bi-weekly, electronically and in paper}}
+:{{hanging indent|text=13.2	 For each Publication, whether in print or in electronic form, the following shall apply: }}
+::{{hanging indent|text=13.2.1	The Association shall display on the title page of the Publication, the Association’s name and approved logo, as applicable, with the following notice appearing immediately below the Publication’s name. }}
+:::''“Published by the Engineering Undergraduate Society of McGill University”''
+:{{hanging indent|text=13.2.2	The Publication shall also contain the following notice , on the second page or back cover page in at least 9-point font, and on the Publication’s website: }}
+:::''“Published by '''THE ENGINEERING UNDERGRADUATE SOCIETY''' a student society of McGill University. The content of this publication is the sole responsibility of '''THE ENGINEERING UNDERGRADUATE SOCIETY''' and does not necessarily represent the views of McGill University.”''	}}
+:{{hanging indent|text=13.2.3	The Publications may not display the McGill name, crest or logo in its masthead or integrated in any way with the name or logo of the Publication.}}
+:{{hanging indent|text=13.3	The parties recognise that the editorial, reporting and advertising content of the Publication is the sole and exclusive responsibility of the Association. For greater certainty, the parties acknowledge that the University shall not be responsible or liable for the editorial, reporting or advertising content of the Publications.}}
+::The Association may distribute the Publication to the list of Approved Campus Locations appears in Appendix D.
+:{{hanging indent|text=13.4	Notwithstanding the generality of the foregoing, the permission granted to the Association under this Agreement does not extend to the distribution of commercial flyers and advertisements for third parties, either placed loosely within the Publication or distributed with the Publication (whether or not placed on the newsstands), which is strictly prohibited. }}
+:{{hanging indent|text=13.5	It is understood that subject to the provisions in this Agreement, the Association is permitted to produce and distribute to its members at no cost, Association brochures and agendas.}}
+==14. BUSINESS ACTIVITIES==
+The following are the general principles governing the business activities of the Association: }}
+:{{hanging indent|text=14.1	The Association is permitted to engage in the revenue-generating activities on the University premises as listed in Appendix E. }}
+:{{hanging indent|text=14.2 	The Association must receive the University’s prior written approval for changes in the use of University space for revenue-generating activities as listed in Appendix E. }}
+:{{hanging indent|text=14.3	The Association must have the University's prior written agreement in signing any contracts or agreements with external parties, for Association's business purposes that lead to the use of University space and/or facilities by such external parties unless the external party is wholly owned and controlled by the Association. }}
+:{{hanging indent|text=14.4	When University space and/or facilities are used for business activities, the University must be reimbursed appropriately for the costs associated with the use of such space and/or facilities; these may include but not be limited to the payment of electricity, janitorial and maintenance charges. The University shall provide the Association details and documents of such charges, upon request. }}
+:{{hanging indent|text=14.5	Any University space or facilities used for business activities may be subject to a lease arrangement which may include the payment of rent. }}
+:{{hanging indent|text=14.6	The University and the Association will undertake to discuss contracts or agreements with external third parties regarding certain business activities which may lead to the recovery of costs for the University as well as generate sufficient income to the benefit of both the University and the Association. }}
+:{{hanging indent|text=14.7	All costs, taxes and fees associated with the use of the space and/or facilities by the Association that may become due is the responsibility of the Association.
+==15. LOCATION==
+:{{hanging indent|text=15.1	In accordance with its status as a student association, the University shall provide the Association with a room at no charge which shall constitute an office from which to conduct its activities. The location of this room shall be on or around the Montreal campus of the University, and when reasonably possible within the buildings housing the Faculty of Engineering, and shall constitute the Association's principal premises. }}
+:{{hanging indent|text=15.2	The University further grants to the Association the use of the University space and/or facilities which appears in Appendix F at no charge for the term of this Agreement and for the stated purpose. No change may be made to the use of the space and/or facilities without the express prior approval of the Deputy Provost (Student Life and Learning).}}
+:{{hanging indent|text=15.3	Any request for additional space shall be made to the Deputy Provost (Student Life and Learning) and shall be subject to availability and may be evidenced by a separate lease agreement between the parties. All such space shall be confirmed in writing by the Deputy Provost (Student Life and Learning), whose confirmation shall constitute an amendment to this Agreement. }}
+:{{hanging indent|text=15.4	The University reserves the right to bill the Association for any extraordinary cleaning or repair necessitated as a result of an Association-sponsored activity in University premises listed in either Appendix E or F.}}
+:{{hanging indent|text=15.5	The Association shall use the space exclusively by the Association and only for the stated purposes. It may not be used or rented out to others. }}
+:{{hanging indent|text=15.6	All costs, taxes and fees associated with the use of the space and/or facilities that may become due is the responsibility of the Association}}
+==16. TELEPHONE, E-MAIL AND MAIL SYSTEMS ==
+:As long as the Association is located in a University building, the Association shall beentitled:
+:{{hanging indent|text=16.1	to purchase telephone services from the University, including the "398" exchange number, long distance services, internal switching and University directory listings. No equipment other than that provided by McGill Network and Communications services may be attached to lines provided by McGill; }}
+:{{hanging indent|text=16.2	to purchase backbone connectivity and Internet access for their computers. This does not include a right to web casting. This may be subject to a separate agreement; }}
+:{{hanging indent|text=16.3	to use the University's e-mail system subject to the Association, its employees, officers and volunteers respecting University policies, including but not limited to, the '''''Policy on Responsible Use of McGill Information Technology Resources.''''' }}
+:{{hanging indent|text=16.4	use the University's mailing system, including internal delivery. The Association shall pay for all costs associated with the use, including but not limited to, the cost of external mail sent through the University mailing system.}}
+:{{hanging indent|text=16.5	Subject to the conditions set out in Articles 7 and 14, the University grants the Association the right to use “McGill” within its domain name [http://www.mcgilleus.ca  http://www.mcgilleus.ca] within the Associations’ own independent interactive website.}}
+:{{hanging indent|text=16.6.	The Association shall pay for all costs associated with the integration and the use of these systems, as well as wireless internet service, as set from time to time.}}
+:{{hanging indent|text=16.7.	Integration in these University systems is a privilege, which may be revoked, should the University reasonably believe that the Association has used any system in a manner contravening McGill’s policy. The University shall provide the Association with such reasonable notice, as deemed to be appropriate, prior to revoking any of these systems. }}
+==17. STAFF STATUS==
+:All staff hired by the Association shall have exclusive Association employment status. The working conditions, including payroll, of the Associations staff shall be determined solely by the Association.
+==18. TERM AND REVIEW==
+:The term of the present agreement is five (5) years beginning on '''June 1st, 2018''' and '''ending''' on '''May 31st, 2023'''. Twelve (12) months prior to the expiration of the term, the parties shall review in good faith the terms and conditions with a view to renew on a mutually agreeable basis. In the event the parties are unable to agree on the terms of renewal, the terms of the present agreement shall be extended for maximum of nine months.
+==19. NOTICE==
+:Any notice to be given by the present Agreement shall be given to the University at its above-mentioned address to the attention of the '''Deputy Provost (Student Life and Learning)''', and to the Association to the attention of its '''President''' or any available officer should the President not be available.
+==20. ENTIRE AGREEMENT==
+:This present Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes and replaces all prior agreements, undertakings, negotiations and discussions of the parties.
+==21. LANGUAGE==
+:The parties to the present Agreement have requested that the present Agreement and all documents and notices related therewith be drafted in the English language. ''Les parties à la présente ont demandé que la présente convention et tout document ou avis y afférent soit rédigés dans la langue anglaise.''
 [[Category:Other Documents]]