DOC2203364720.pdf

Procure-to-Pay

3835 Holdrege Street | Lincoln, NE 68583-0742 | 402.472.2126 nebraska.edu/p2p

University of Nebraska Contract Summary

CONTRACTOR/COMPANY INFORMATION

Supplier KANEKO Contact Kimberly Faith Hickman kimberly@thekaneko.org

Sourcing Agent Anthony Taylor

REQUESTING DEPARTMENT

Participating Campuses

UNO

Administrative Unit/Dept.

UNO, School of Health and Kinesiology

Department Contact Jessa M Kalal

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

KANEKO Event Space for the Event, for the purpose of the H&K Fall Retreat together with the right to use the Event Space at 1111 Jones Street, lobbies, elevators, stairways, rest rooms, and delivery areas. The License permits the Licensee to use the Event Space only for the Event on the Event Date. The Event will be held on August 18th, 2026 ("Event Date") between the hours of 9:00 AM and 2:00 PM.

Contract Document Document Amt Total Amt Start Date End Date Notes

Master Agreement $549 $549 8/18/2026 8/18/2026

COMPETITION/BID INFORMATION

Bid Number N/A

Competition UNO Under $25K

Contract Information

N/A

INTERNAL USE ONLY

CW44678

Omaha, NE 68102 p402-341-3800 wthekaneko.org

1111 Jones Street

EVENT SPACE LICENSE AGREEMENT

This EVENT SPACE LICENSE AGREEMENT ("Agreement"), dated as of the 28th day of April, 2026, is by and between KANEKO, a Nebraska non-profit organization, having its principal office at 1111 Jones St. Omaha, NE 68102 ("Licensor") and The Board of Regents of the

University of Nebraska ("Licensee").

WHEREAS, Licensor owns or leases the building, having an address at 1111 Jones Street, Omaha, NE 68102 ("Building"); and

WHEREAS, Licensee desires to use the Library and Kitchen located on the FIRST FLOOR of the

Building ("Event Space"), for the purpose of the Fall Retreat("Event").

WHEREAS, Licensor will provide 30 chairs, tables, projections and/or monitors needed in all space (“Building Assets”).

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Event Space.

Licensor hereby grants to Licensee a limited and revocable license ("License") to use the Event Space for the Event, together with the right to use the Event Space lobbies, elevators, stairways, rest rooms, and delivery areas. The License permits the Licensee to use the Event Space only for the Event on the Event Date (hereinafter defined) during the Event Time (hereinafter defined), subject to, and upon all of the terms, covenants, and conditions contained in this Agreement. The License is not, under any circumstances, coupled with an interest in the Event Space. Licensee acknowledges and agrees that no more than thirty [30] individuals in the aggregate (including, without limitation, Licensee's invitees, employees, guests, contractors, service providers, or others connected, whether directly or indirectly, with Licensee) will occupy the Event Space.

2. Event Date and Event Time.

The Event will be held on August 18th, 2026 ("Event Date") between the hours of 9:00 AM and 2:00 PM ("Event Time"). Licensee, Licensee's Caterer, if any (hereinafter defined), and Licensee's other independent contractors, contracted vendors, and service providers retained by Licensee to provide services for the Event (collectively, "Licensee's Service Providers") will have access to the Event Space one twenty-four (24) hours before the Event Time for set up (“Set Up Time”) and three (3) hours after the Event Time for take down (“Take Down Time”), provided that all Event Times will conclude at 2:00 PM August 18th and any Take Down Time will end at 5:00 PM , unless otherwise agreed to in writing.

Upon written agreement with the Licensor, Licensee may schedule a rental pickup for the day following the Event Date, but any additional take down and pickup must be completed before 12:00 PM on that day. Licensee’s Service Providers shall not have access to the Event Space at any time other than during the Set Up Time, Event Time, and Take Down Time unless Licensee receives prior written authorization from Licensor.

4874-0668-8444.3

3. Deposit and Fees.

a. Licensee shall pay to Licensor the following deposits and fees (collectively, "Fees") in the following manner:

i. a non-refundable fee in the amount of two hundred and fifty dollars

($250) to hold the Event Date (the "Date-Hold Fee") is due and payable to Licensor upon the execution of this Agreement by Licensee;

ii. a rental fee in the remaining amount of two hundred and ninety nine dollars ($299) (the "Rental Fee") is due and payable to Licensor on [August 10th, 2026];

iii. If the Licensee or any of Licensee's invitees, employees, guests, contractors (including, without limitation, Licensee's Caterer or Licensee's Service Providers), or others connected whether directly or indirectly with Licensee, remain in, on, or about the Event Space after the expiration of the Take Down Time then Licensee will pay an additional time fee equal to two hundred Dollars ($200.00) multiplied by the number of unpaid additional hours that the Event Space was occupied, charged in increments of fifty Dollars ($50.00) per fifteen

(15) minutes.

b. Licensor has no obligations and Licensee has no rights under this Agreement until the Date-Hold Fee is paid in full.

c. If Licensee fails to pay any of the Fees by the applicable due dates set forth in this Agreement, Licensor may revoke the License and retain the full amount of the Date-Hold-Fee.

d. If any repair and/or excessive cleaning or removal of garbage, trash, or refuse is needed at the Event Space to bring the Event Space to the same or similar condition as delivered to Licensee, Licensee will be charged additional fees which will be payable to Licensor within five (5) days after Licensee's receipt of written demand for the same. This Section 3(d) survives termination of this Agreement.

e. All Fees must be paid by check or major credit card.

4. Use of Licensor Name and Logo

Licensee shall be obligated to identify Licensor in all publications and advertisements for the Event using Licensor’s logo. Licensee must use the logo provided to it by Licensor and all use of Licensor’s name and logo in publications and advertisements for the Event will be subject to the prior written approval of Licensor, which approval may be withheld at Licensor’s sole discretion.

5. The Event Space.

a. It is understood that the Licensor space is provided “as is”, and may have exhibits, including fine art objects, within the space. These exhibits, including the lighting of the spaces, may not be able to change or move and Licensor has sole discretion and final authority to approve any proposed Usage and Floor Plan (defined below). Rearranging and moving furniture, artwork, lamps, seating, and other furnishings may only be performed by Licensor's employees. Licensee is strictly prohibited from moving any furniture, artwork, lamps, seating, and other furnishings, exhibits, and/or fine art objects.

b. No nails, screws, staples, or penetrating items may be used on walls, wood, or other fine surfaces. All tape and gummed backing materials must be properly removed by Licensee and any damage to walls, wood, or other fine surfaces will be repaired by Licensor, the cost of which will be charged to Licensee for any excess cost, but in no event may Licensee place or use any tape or gummed backing materials on any furniture, artwork, lamps, seating, and other furnishings, exhibits, and/or fine art objects.

c. The use of the following decorations is prohibited in the Event Space: open flames (including candles or votives), confetti, balloons, glitter, or any other materials that may be scattered. Any additional decorations must be submitted to KANEKO for review and approval at least 72 hours prior to the event.

d. Licensor does not provide linens or chair covers.

e. Licensee shall be responsible for the rental of any and all additional equipment and/or supplies for the Event that are not provided by Licensor, including, but not limited to; lighting and sound equipment, stage and podium, tables, chairs, and bars. The use of any additional equipment and/or supplies for the Event will be set forth in the Usage and Floor Plan and be subject to the prior written approval of Licensor.

f. Licensee shall be responsible for providing food and beverage for the Event and for set-up and clean-up of food and beverage.

g. After the Event, Licensee shall remove and dispose of all garbage, trash, and other refuse by 5:00 PM the day of the Event.

i. If Licensee has a caterer, the caterer is responsible for removing and disposing garbage, trash and other refuse.

h. Licensee shall be responsible and pay for any and all damages to the facility caused by Licensee's invitees, employees, guests, contractors (including, without limitation, Licensee's Caterer or Licensee's Service Providers), or others connected whether directly or indirectly with Licensee, including damages incurred by installation, de-installation, and Event setup.

6. Usage and Floor Plan

At least seven (7) days prior to the Event Date, Licensee shall provide Licensor detailed plans of the Event, including but not limited to, any proposed Licensee Caterer or Service Providers, the rental of any and all additional equipment and/or supplies for the Event

(lighting and sound equipment, stage and podium, tables, chairs, and bars), plans for any food and beverage for the Event and for set-up and clean-up of said food and beverage, Set Up and Take Down Times, delivery times, the start and completion of the Event times, and a full program schedule (“Usage and Floor Plan”). Licensor shall have sole discretion in approving or denying the Usage and Floor Plan for the Event and shall provide Licensee

4874-0668-8444.3 notice of its decision no later thanSEVEN (7) days prior to the Event Date. In the event Licensor denies the Usage and Floor Plan, Licensor shall have the right to terminate the Agreement and refund Licensee any refundable Rental Fees.

7. Licensee’s Caterer.

Licensee may seek the approval as part of its Usage and Floor Plan to use a properly licensed caterer to provide food and beverage and, if applicable and lawful pursuant to license and permit, alcoholic beverages for the Event (“Licensee’s Caterer”). If catering is being brought in, the Licensee's Caterer must have catering staff in attendance during the event and must clean the Event Space, kitchen, and all service areas within the Take Down Time, leaving it in the same condition and working order as at the start of the Event set up.

The Licensee’s Caterer cannot drop off catering. Licensee's Caterer must remove all trash, composting, and recyclables from the Event Space, kitchen, and service areas. Failure to remove or clean the Event Space, kitchen, and service areas will result in additional fees being charged to the Licensee. Licensee will ensure that Licensee’s Caterer complies with all applicable laws, regulations, ordinances, licenses, and permits and Licensee shall be liable for any violation or fines for the failure of such.

8. Alcoholic Beverages.

Licensor does not hold a liquor license and it is the responsibility of Licensee to ensure Licensee’s Caterer has a lawful permit and license for the distribution of any alcohol at the Event, if applicable. Licensee will ensure that any such permitted alcohol service will comply with all applicable laws and regulations and will be liable for any violations or fines.

In addition, Licensor requires that all alcohol must remain within the Event Space and that no outside food or drink may be brought into the Event Space by any attendees, invitees, or guests of Licensee. Licensee will be required to carry liability insurance that has appropriate insurance coverage to protect against alcohol-related incidents as set forth in Section 10 of this Agreement. Licensor has a zero-tolerance policy for intoxicated guests. If a guest is seen to be belligerent, disruptive, or destructive due to alcohol or any other substance, Licensee is required to have such individuals immediately removed from the Event Space and Building.

9. Conduct and Noise.

Smoking in the Event Space, or in the Building, loitering, disparaging remarks, physical violence, or illegal activities is not permitted and will not be tolerated. Licensee agrees to control the noise level at the Event such that it does not create a disturbance. If Licensor reasonably determines that the noise level is excessive, upon request by Licensor, Licensee must immediately reduce the volume. Conduct deemed disorderly and/or noise levels deemed excessive, at the sole discretion of Licensor, will be grounds for immediate expulsion from the Event Space and the conclusion of the License. In such an event, Licensee is not entitled to any refund of any Fees.

10. Insurance.

Licensee and Licensee's Caterer (if any), and Licensee's Service Providers (if any), must each provide Licensor, no later than fourteen (14) days prior to the Event Date, with a certificate of insurance evidencing event liability insurance that provides bodily injury and property damage insurance coverage for all bodily injury, property damage, personal injury, and other claims, losses, or damages arising out of or in connection with, in whole or in part, the use or occupancy of the Event Space, sidewalks, and other appurtenances to

4874-0668-8444.3 the Event Space, by Licensee, Licensee's Caterer (if any), Licensee's Service Providers (if any), or any other employee, agent, representative, or invitee of the Event. The insurance required hereunder must have a single limit liability of not less than $1 Million and a general annual aggregate liability of not less than $2 Million and must name Licensor as an additional insured. If alcohol is served, the policy must also include host liquor liability coverage. All insurance policies required pursuant to this Section 10 shall:

a. Be issued by insurance companies with a Best’s Rating of no less than A-VII;

b. provide that such insurance carriers give Licensor at least 30 days' prior written notice of cancellation or non-renewal of policy coverage; provided that, prior to such cancellation, Licensee shall have new insurance policies in place that meet the requirements of this Section 10;

c. waive any right of subrogation of the insurers against Licensor or any of its affiliates;

d. provide that such insurance be primary insurance and any similar insurance in the name of and/or for the benefit of Licensor shall be excess and non-contributory; and

e. name Licensor and Licensor's affiliates, including, in each case, all successors and permitted assigns, as additional insureds.

Upon the written request of Licensor, Licensee shall provide Licensor with copies of the certificates of insurance and policy endorsements for all insurance coverage required by this Section 10, and shall not do anything to invalidate such insurance. This Section 10 shall not be construed in any manner as waiving, restricting, or limiting the liability of Licensee for any obligations imposed under this Agreement (including but not limited to, any provisions requiring Licensee hereto to indemnify, defend, and hold Licensor harmless under this Agreement).

11. Compliance with Laws.

Licensee will, and will cause the Licensee's Caterer, if any, and the Licensee's

Service Providers, if any, to comply with all applicable laws and obtain any and all required permits and licenses necessary to use the Event Space. Licensee may not, and may not permit the Licensee's Caterer or the Licensee's Service Providers to use the Event Space in any manner that would violate local, state, or federal laws or regulations related to

Licensee's use of the Event Space.

12. Permitted Use, Capacity, and Security.

Licensee is authorized, pursuant to the License, to use the Event Space for the Event and for no other purpose, unless Licensor gives Licensee prior written authorization for additional permitted uses. Licensee may not use the Event Space in any manner that may result in increased insurance premiums for Licensor with respect to the Event Space or render such insurance void. Licensee acknowledges and agrees that the maximum capacity of the Event Space is THIRTY (30) people and Licensee will not exceed such limit. Licensee shall be responsible for the cost of Licensor’s selected security service provider necessary for the Event pursuant to law, ordinance, regulation, or at the discretion of Licensor. Failure to comply with this Section 14 is a breach of this Agreement and permits Licensor to revoke the License pursuant to Section 18 herein.

a. Unless otherwise agreed in writing, all Licensee’s attendees, invitees, guests, or Licensee Service Providers must enter the Building through the 11th and

Jones east entrance. All other doors to the facility will remain closed and locked, except for fire doors which must remain unobstructed.

b. Licensor’s offices, archives, back doors, and stairwells are off-limits to Licensee’s attendees, invitees, guests, or Licensee Service

Providers.

c. Licensee will be required to pay for the costs of an event security monitor for any Event where alcohol is present or where the Licensor determines in its sole discretion that an event security monitor is needed for the Event. There will be 1 security officer present for every 50 attendees. Licensor will arrange security at the expense of the Licensee and the price will be included with the total price of the Rental Fee. The security officer must be present from the beginning of the Event until all Licensee’s attendees, invitees, guests, or Licensee Service Providers have left the Building and Event Space. Licensee is not permitted to use any outside security companies or private security to replace Licensor’s authorized security personnel. The selection and use of security personnel is at the sole discretion of the Licensor.

13. Access and Right of Entry.

4874-0668-8444.3

Licensor has the right to control and manage the Event Space and has the authority to enforce all reasonable rules for its management. Licensee is responsible for managing all their staff, volunteers, attendees, invitees, guests, or Licensee Service Providers. Licensor is not responsible for setting up any rental equipment, decorations, catering displays, presentations, or any other materials, nor is Licensor responsible for managing the Event or Licensee Service Providers, provided that Licensor may have any person removed from the Event Space or Building who is in violation of any term of this Agreement or rules of the Event Space and Building. Licensor may enter the Event Space at any time, without the consent of Licensee, for any reasonable purpose, including any emergency that may threaten damage to the Event Space, or injury to any person in or near the Event Space.

14. Cancellations.

If Licensee cancels the Event within Fourteen (14) days of the Event Date, Licensor also may retain all Fees.

15. Force Majeure.

a. "Force Majeure Event" means any of the following events: (i) acts of God; (ii) floods, fires, earthquakes, explosions, or other natural disasters; (iii) war, invasions, hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest; (iv) governmental authority, proclamations, orders, laws, actions, or requests; (v) embargoes or blockades; (vi) epidemics, pandemics, or other national or regional public health emergencies; (vii) strikes, labor stoppages or slowdowns, or other industrial disturbances; (viii) shortages of supplies, adequate power, or transportation facilities; and (ix) other events beyond the control of Licensor.

b. In the event Licensor is unable, on or after the occurrence of a Force Majeure

Event, to make the Event Space available to Licensee on the Event Date for the purpose set forth in this Agreement, Licensee will have the option of choosing an alternate date to hold the Event (the "Alternate Event Date"), at no extra charge to Licensee. If Licensee chooses an Alternate Event Date that is reasonably acceptable to Licensor, then the Alternate Event Date will replace the Event Date for the purposes of this Agreement, and all rights and obligations under this Agreement will remain binding on the parties hereto.

If: (a) Licensee does not elect to choose an Alternate Event Date; or (b) Licensor and Licensee cannot agree on an Alternate Event Date, this Agreement will terminate and Licensor must, refund any portion of the Fees received by Licensor from Licensee hereunder. In neither instance will Licensor be liable for any additional costs, expenses, or damages suffered by Licensee (over and above the Fees) arising out of the rescheduling or cancellation of the Event pursuant to this Section 17.

16. Revocation of License.

Licensor may revoke the License at any time. Licensor's right of revocation is limited to the following events: (a) nonpayment of Fees by the applicable due dates; (b) breach of this Agreement by Licensee; or (c) Licensor determines, in its sole discretion, revocation of the License is in Licensor’s best interest. If Licensor revokes the License because of subsection (c) herein, Licensor must refund such amount of the Rental Fees as has been paid to Licensor. In all other events, Licensor may retain all amounts paid to Licensor as liquidated damages and not as a penalty.

4874-0668-8444.3

17. Notices.

Any notice, authorization, or other communication required or otherwise given pursuant to this Agreement must be in writing and will be deemed sufficiently given:

a. When delivered by hand (with written confirmation of receipt).

b. Three (3) days after the date mailed, if sent by registered or certified mail, return receipt requested, postage prepaid.

c. When received by the addressee, if sent by a nationally recognized overnight courier (receipt requested).

d. On the date sent by facsimile/email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after the normal business hours of the recipient.

All notices and other communications must be sent to the respective parties at the following addresses or at such other address for a party as is specified in a notice given in accordance with this Section 19:

If to Licensor: KANEKO

1111 Jones Street, Omaha, NE 68102

Email: kimberly@thekaneko.org

Attention: Kimberly Faith Hickman, Artistic Programs & Events Director

If to Licensee: UNO School of Health and Kinesiology

H&K Building, 6001 Dodge Street, Omaha, NE 68132

Email: jmswanson@unomaha.edu

Attention: Jessa Kalal, Assistant to the

Director of the School of Health and

Kinesiology

18. Contacts

a. Licensor's contact for the Event is: Kimberly Faith Hickman, 402-341-3800, 1111

Jones Street, Omaha, NE 68102, kimberly@thekaneko.org

b. Licensee's contact for the Event is: Jessa Kalal, 402-554-2573, H&K Building, mailto:kimberly@thekaneko.org mailto:jmswanson@unomaha.edu mailto:kimberly@thekaneko.org

6001 Dodge Street, Omaha, NE 68132, jmswanson@unomaha.edu

19. Assignment.

Licensee may not assign, transfer, or delegate any or all of its rights or obligations under this Agreement without the prior written consent of Licensor. Any attempted assignment, transfer, or other conveyance in violation of the forgoing shall be null and void and will be deemed a material breach of this Agreement by Licensee. Any person, 4874-0668-8444.3 corporation or other entity to whom Licensee attempts to assign or sublet without Licensor’s consent shall have no claim, right or remedy against Licensor. The acceptance of any money by Licensor from any assignee, subtenant or transferee shall not constitute a waiver of Licensee’s obligation to obtain Licensor’s consent under this Section 21. If Licensor’s consent is given under this Section 21, such consent shall not: (a) constitute consent to any subsequent assignment, subletting, or transfer, nor (b) release Licensee of its obligations under the terms of this Agreement. Licensor may assign this Agreement to an affiliate or to a successor of all or substantially all of the assets of such party through merger, reorganization, consolidation, or acquisition. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

20. Governing Law.

This Agreement will be construed in accordance with, and governed in all respects by, the laws of the State of Nebraska, without regard to conflicts of laws principles.

21. Counterparts.

This Agreement may be executed in several counterparts, each of which constitutes an original and all of which, when taken together, constitutes one agreement.

22. Severability.

If any one or more parts of this Agreement is held unenforceable for any reason, the remainder of this Agreement will continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision will be deemed to be construed as so limited.

23. Headings.

The headings for each section herein are for convenience only and may not affect the meaning of the provisions of this Agreement.

24. Entire Agreement.

This Agreement constitutes the entire agreement between Licensor and Licensee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

25. Time of the Essence.

Time is of the essence of each provision of this Agreement in which time is a factor.

mailto:jmswanson@unomaha.edu

[SIGNATURES ON NEXT PAGE]

Licensor

KANEKO Representative(PLEASE PRINT) TITLE

KANEKO Representative Signature Date

Licensee

Signature Date

Name Title

Artistic Programs & Events DirectorKimberly Faith Hickman

05/12/26 | 11:36 CDT

Asst Vice Chancellor and Controller, Business and Finance

05/13/26 | 10:07 CDT

Jessie Combs

Title: Legal and Policy Compliance Addendum

Revised: 160425

University of Nebraska Legal and Policy Compliance Addendum

This University of Nebraska Legal and Policy Compliance Addendum (the “Addendum”) to the KANEKO

Agreement dated concurrently with this Addendum (the “Agreement”) is effective as of the date of the last signature set forth below between the Board of Regents of the University of Nebraska a public body corporate and governing body of the University of Nebraska (“University”), which is composed of a chief governing administrative unit (University of Nebraska System), four universities (University of Nebraska at

Kearney, University of Nebraska-Lincoln, University of Nebraska Medical Center, and University of

Nebraska at Omaha), and such other institutions and units as may be designated by the Nebraska

Legislature, and KANEKO (“Supplier”).

RECITALS

A. University desires to enter the Agreement with Supplier.

B. The Agreement is in the form provided by Supplier, which the parties are using for their mutual convenience.

C. The Agreement is, with the exceptions noted in this Addendum, acceptable to University.

D. Certain provisions in the Agreement cannot be accepted or are required in the Agreement by

University as a matter of law and policy of the State of Nebraska and University.

E. Supplier is willing to modify the Agreement as set forth in this Addendum.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants set forth in the Agreement and herein and the above recitals, which are incorporated herein by this reference, the parties agree as follows:

1. Incorporation and Priority of Terms. The Agreement is amended as stated herein and this

Addendum is incorporated into the Agreement by this reference. In the event of a conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall prevail.

2. Assignment. The Agreement is non-assignable and non-transferrable unless agreed to in writing by the parties. Any attempt by either party to assign its rights or obligations hereunder without the written agreement of the other party shall be void.

3. Governing Law and Forum. The Agreement shall be governed by the laws of the State of

Nebraska without giving effect to its conflicts of law provisions. Any legal actions brought by either party hereunder shall be in the state courts located in Lancaster County, Nebraska. Any legal action by Supplier in relation to the Agreement shall be instituted in accordance with the provisions of the Nebraska State

Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306).

4. Liability. To the fullest extent allowed by law, Supplier shall defend, indemnify, and hold harmless

University, its regents, officers, employees, agents, and students for any loss, claim, damage, expense, or liability of any kind arising out of or in connection with the acts or omissions of Supplier and its officers, employees, agents, and subcontractors under the Agreement.

5. Work Status Verification. Supplier and its subcontractors shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska pursuant to Neb. Rev. Stat. §§ 4-108 to 4-114.

6. Taxes and Fees. University is generally exempt from payment of state sales and use taxes and local occupation taxes within the State of Nebraska. University will furnish exemption certificates upon written request by Supplier. If Supplier is required to pay any taxes from which University is exempt as a result of doing business with University, Supplier shall be solely responsible for the payment of those taxes.

Revised: 160425

If a tariff is imposed on any Deliverables provided under this Agreement, each party shall pay an equal share of the costs of such tariff.

7. Debarment List. Supplier certifies and warrants that it has not been debarred, suspended, or declared ineligible as defined in the Federal Acquisition Regulation 48 CFR Ch.1 Subpart 9.4. Supplier also certifies that Supplier, its partners, directors, officers, employees, licensees, subcontractors, or agents have not been excluded or debarred or otherwise become ineligible to participate in federal health care programs pursuant to 42 USC § 1320a-7. The certification and warranty set forth in this section shall be an ongoing certification and warranty during the term of the Agreement, and Supplier shall immediately notify University of any change in the status of the certification and warranty set forth in this section. If Supplier becomes excluded from federal health care program participation or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors, the Agreement may be terminated immediately, for cause, by

University. If any partners, directors, officers, employees, licensees, subcontractors, personnel, or agents of Supplier become excluded from federal health care program participation, such individual shall be removed from participating in the Agreement immediately. Failure by Supplier to remove such excluded individual immediately shall provide University the right to terminate the Agreement immediately for cause.

8. Taxpayer Transparency Act. Under Neb. Rev. Stat. §§ 84-602.01 to 84-602.04, University is required to provide the Nebraska Department of Administrative Services with a copy of each contract that is a basis for an expenditure of state funds, including any amendments and documents incorporated by reference in the contract. Copies of all such contracts and documents will be published by the Nebraska

Department of Administrative Services at https://statecontracts.nebraska.gov/. It shall be the sole responsibility of Supplier (a) to notify University of any requested redactions to the Agreement, any amendment to the Agreement, and any document incorporated by reference into the Agreement and (b) to indicate the legal basis for such requested redactions at the time of execution thereof. In addition, Supplier shall defend any challenge to such redactions at its own expense. Supplier’s failure to request redactions to any contracts or documents released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

9. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to University regarding, related to, or part of the Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with University’s interpretation and application of applicable law. It shall be the sole responsibility of Supplier (a) to notify University of requested redactions to any such information or records that may otherwise be required to be open to public inspection and copying and (b) to indicate the legal basis for such requested redactions. In addition, Supplier shall defend any challenge to such requested redactions at its own expense. Supplier’s failure to request redactions to any information or records released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

10. Federal Funding Compliance. If the Agreement involves federal funds, (a) Supplier’s compliance in all respects with all applicable federal anti-discrimination laws is material to Supplier’s performance under the Agreement; (b) Supplier certifies that it does not operate any programs promoting diversity, equity, and inclusion that violate such laws; and (c) Supplier’s failure to comply with such laws shall be considered a material breach of the Agreement.

If the Agreement is for $15,000 or more and involves federal funds, then Supplier shall comply with 41 CFR

§§ 60-300.5(a) and 60-741.5(a), which are incorporated herein by this reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and require action to employ and advance in employment individuals without regard to disability or veteran status.

If Supplier has fifty (50) or more employees and the Agreement involves payment of $50,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐ 741, subpart C. If Supplier has fifty (50) or more employees and the Agreement involves payment of https://statecontracts.nebraska.gov/

Revised: 160425

$150,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐300, subpart C. To the extend any of the provisions of Appendix II to 2 CFR Part

200 apply to the Agreement, such provisions are incorporated herein by this reference and apply to Supplier as a “contractor,” “recipient,” or “subrecipient.”

11. Nondiscrimination. Neither Supplier nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of the Agreement, with respect to hire, tenure, terms, conditions, or privilege of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant in accordance with the Nebraska Fair Employment

Practice Act (Neb. Rev. Stat. §§ 48-1101 to 48-1125).

12. Logos or University Marks. Supplier shall not use or display any University campus name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by University as a source identifier, unless expressly authorized in writing by University. Any unauthorized use of University Marks is expressly prohibited. Supplier shall not use University’s name in any manner that acts as an endorsement or is an appearance of any endorsement in any promotion, advertisement, solicitation, or other communication, especially as it relates to Supplier’s business.

13. Right to Audit Privilege. University reserves the right to audit or inspect work performed by

Supplier under the Agreement. University may participate directly or through an appointed representative in order to verify that the services related to the Agreement have been performed in accordance with the procedures indicated.

14. Purchase Order Requirement. A purchase order shall be issued by University to Supplier for payment in accordance with the terms of the Agreement. All invoice(s) submitted by Supplier shall make reference to the appropriate purchase order number to be eligible for payment.

15. Conflict of Interest. Supplier certifies, to the best of its knowledge and belief, that (a) there is no unresolved actual or potential conflict of interest related to the Agreement and (b), if Supplier is a University employee, immediate family member of a University employee, or business associated with a University employee and the Agreement is valued at $2,000 or more, Supplier has, prior to execution of the

Agreement, provided written notification to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, of Supplier’s status as, relation to, or association with a

University employee and of the Agreement. If an actual or potential conflict of interest related to the

Agreement arises during the Term, Supplier shall provide to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, a written disclosure statement that describes all relevant information concerning the actual or potential conflict of interest. If the actual or potential conflict of interest cannot be resolved or University determines Supplier’s certification set forth in this section is false, University may declare the Agreement void and of no further force or effect and

University shall have no further obligations under the Agreement.

16. Compliance. Supplier and its employees and agents will comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority, as well as applicable

University policies.

17. Insurance. Supplier shall at its own expense obtain and maintain throughout the term of the

Agreement general commercial liability insurance against claims for bodily injury, death, and property damage with limits of not less than $1,000,000.00 per occurrence, and $3,000,000.00 general aggregate to cover such liability caused by, or arising out of, activities of Supplier and its agents and/or employees while engaged in or preparing for the provision of the goods or services provided under the Agreement. If the goods or services include providing technology services, software, or support, Supplier shall obtain and maintain cyber liability insurance coverage of not less than $10,000,000.00 per occurrence and in the aggregate to cover such liability resulting or arising from acts, errors, or omissions in rendering such

Revised: 160425 technology services, software, or support. Upon request by University, Supplier shall furnish to University certificates of insurance evidencing such insurance is effective prior to commencement of work under the

Agreement. By requiring such minimum insurance, University shall not be deemed or construed to have assessed the risk or limited the liability that may be applicable to Supplier under the Agreement. Supplier shall assess its own risks and, if it deems appropriate, maintain higher limits or broader coverages. Supplier shall, upon request, include University as an additional insured on its general liability insurance policy on a primary and non-contributory basis. Supplier is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

18. Notice. Any notice required or permitted to be given under the Agreement shall be in writing, sent via certified mail or hand delivery, effective when received, and delivered to the addresses provided on the signature page of this Addendum.

19. Unavailability of Funding. Due to possible future reductions in state and/or federal funds, University cannot guarantee the continued availability of funding of the Agreement notwithstanding the consideration contained within the Agreement. In the event funds to finance the Agreement become unavailable, either in full or in part, due to such reductions, University may terminate the Agreement or reduce the consideration upon notice in writing to Supplier. Said notice shall be delivered by certified mail

(return receipt requested) or in person (with proof of delivery). University shall be the final authority as to the availability of funds. The effective date of such termination or reduction in consideration shall be the actual effective date of the elimination or reduction of funding. In the event of a reduction in consideration, Supplier may cancel the Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to University. Supplier shall be entitled to receive just and equitable compensation for any satisfactory work performed up to the effective date of the termination. In the event of unavailability of funding, University shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential, or other damages resulting therefrom.

20. No Personal Liability. In no event shall any regent, official, officer, employee, agent, or student of

University be personally liable or responsible for any representation, statement, covenant, warranty, or obligation contained in, or made in connection with, the Agreement, express or implied.

21. Foreign Adversary Certification. The terms in this section defined in Neb. Rev. Stat. § 73-903 shall have the meaning defined therein. If the Agreement is for a technology-related product or service and no exception set forth in Neb. Rev. Stat. § 73-906(2) applies, Supplier certifies that it is not a scrutinized company, it will not subcontract with any scrutinized company for any aspect of performance of the

Agreement, and any products or services provided under the Agreement do not originate with a scrutinized company. The certification set forth in this section shall be an ongoing certification during the term of the

Agreement and Supplier shall immediately notify University of any change in the status of the certification set forth in this section.

22. Unenforceability of Certain Terms. For the purposes of this section, “University” expressly includes any University employee acting in the course and scope of employment. Notwithstanding any provision of the Agreement to the contrary, any of the following terms within the Agreement shall have no effect and shall not be enforceable:

a. Any term making the Agreement period perpetual, providing for unlimited renewals of the

Agreement, or automatically continuing the Agreement period from term to term;

b. Any term requiring or stating that the terms of the Agreement shall prevail over the terms of this

Addendum in the event of conflict;

c. Any term requiring University to indemnify or to hold harmless Supplier or any third party for any act or omission;

Revised: 160425

d. Any term imposing interest charges contrary to those allowed by Neb. Rev. Stat. § 81-2404;

e. Any term requiring the application of the law of any state other than the State of Nebraska in interpreting or enforcing the Agreement or requiring or permitting that any dispute under the Agreement be resolved in courts other than the courts of the State of Nebraska;

f. Any term limiting the time period within which claims can be made or actions can be brought;

g. Any term waiving the sovereign immunity of the State of Nebraska;

h. Any term limiting Supplier’s or any third party’s liability for damages to University for any cause whatsoever related to: (i) intellectual property indemnity required by the Agreement; (ii) liquidated damages assessed under the Agreement; (iii) claims for personal injury, including death; (iv) claims for damage to real property or tangible or intangible property arising from Supplier’s acts or omissions under the

Agreement; (v) any loss or claim to the extent the loss or claim is covered by a policy of insurance maintained, or required by this Addendum or the Agreement to be maintained, by Supplier; (vi) damages arising from the gross negligence or willful misconduct of Supplier, its employees, its subcontractors, or its agents; and (vii) damages arising from Supplier’s breach of data security or confidentiality obligations under the Agreement;

i. Any term permitting unilateral modification of the Agreement by Supplier or any third party;

j. Any term obligating University to pay attorneys’ fees;

k. Any term requiring the confidentiality of records in contravention of the Nebraska public records statutes, Neb. Rev. Stat. §§ 84-712 to 84-712.09;

l. Any term binding University to any method of resolution of disputes under the Agreement not instituted in accordance with the provisions of Neb. Rev. Stat. §§ 81-8,302 to 81-8,306;

m. Any term requiring University to endorse or perform any act that may be perceived as an endorsement of a commercial good or service, Supplier, or any third party;

n. Any term requiring University to waive its rights to a jury trial or to participate in a class action; or

o. Any term granting Supplier or any third party a security interest in property of University.

[Signature page to follow]

Revised: 160425

IN WITNESS WHEREOF, the parties have entered into this Addendum as of the date set forth below.

Board of Regents of the University of Nebraska

Signature:

Printed Name:

Date:

Title:

Supplier

Signature:

Printed Name:

Date:

Title:

Notices to University shall be sent to:

Kalal, Jessa Office Associate UNO, School of Health and Kinesiology

• (402) 554-2719

• HK, 68182

• jkalal@unomaha.edu

Notices to Supplier shall be sent to:

[Name][Department] [Address] [City, State, Zip] [Email address]

With copy to:

Legal Notices C/O P2P Procurement Contracts 1700 Y Street, BSC 125 Lincoln, NE 68588-0645

With copy to (optional):

4890-8857-9324, v. 15

05/12/26 | 11:36 CDT

Kimberly Faith Hickman

Artistic Programs & Events Director

KANEKO

1111 Jones Street

Omaha, NE 68102 kimberly@thekaneko.org

Artistic Programs & Events Director

Kimberly Faith Hickman

JK

05/12/26 | 14:18 CDT

Jessa Kalal

Jessie Combs

Asst Vice Chancellor and Controller, Business and Finance

05/13/26 | 10:07 CDT

tel:(402)%20554-2719 mailto:jkalal@unomaha.edu

Certificate Of Completion Envelope Id: 09835415-6BCC-46CF-9DE8-935553323C1C Status: Completed

Subject: CW44678 - Kaneko - UNO - School of Health and Kinesiology - 8.26

Source Envelope:

Document Pages: 18 Signatures: 5 Envelope Originator:

Certificate Pages: 5 Initials: 0 Anthony Taylor

AutoNav: Enabled

EnvelopeId Stamping: Disabled

Time Zone: (UTC-08:00) Pacific Time (US & Canada)

1400 R Street

LINCOLN, NE 68588

ataylor68@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

5/11/2026 4:28:07 PM

Holder: Anthony Taylor ataylor68@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Kimberly Faith Hickman kimberly@thekaneko.org

Artistic Programs & Events Director

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 209.34.198.194

Sent: 5/11/2026 4:32:56 PM

Viewed: 5/12/2026 11:34:21 AM

Signed: 5/12/2026 11:36:34 AM

Electronic Record and Signature Disclosure:

Accepted: 5/12/2026 11:34:21 AM ID: 7b0c57bf-171f-4bd8-bf8f-65ba39caf056

Jessa Kalal jkalal@unomaha.edu

JK

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 137.48.255.221

Sent: 5/12/2026 11:36:36 AM

Viewed: 5/12/2026 2:08:19 PM

Signed: 5/12/2026 2:18:59 PM

Electronic Record and Signature Disclosure:

Accepted: 5/12/2026 2:08:19 PM ID: 17134bab-48ce-4895-bebd-6ab42f6c073f

Jessie Combs jessiecombs@unomaha.edu

Asst Vice Chancellor and Controller, Business and

Finance

University of Nebraska Omaha

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 137.48.255.216

Sent: 5/12/2026 2:19:01 PM

Viewed: 5/13/2026 10:06:10 AM

Signed: 5/13/2026 10:07:08 AM

Electronic Record and Signature Disclosure:

Accepted: 9/22/2023 8:13:18 AM ID: 7bfc00a0-8ee4-4f8b-9359-287bb0c7617b

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp Jessa Kalal jkalal@unomaha.edu

Security Level: Email, Account Authentication (None)

Sent: 5/11/2026 4:32:57 PM

Viewed: 5/12/2026 11:36:48 AM

Electronic Record and Signature Disclosure:

Accepted: 5/12/2026 2:08:19 PM ID: 17134bab-48ce-4895-bebd-6ab42f6c073f

Jessa Kalal jkalal@unomaha.edu

JK

Security Level: Email, Account Authentication (None)

Sent: 5/13/2026 10:07:10 AM

Electronic Record and Signature Disclosure:

Accepted: 5/12/2026 2:08:19 PM ID: 17134bab-48ce-4895-bebd-6ab42f6c073f

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/11/2026 4:32:57 PM

Certified Delivered Security Checked 5/13/2026 10:06:10 AM

Signing Complete Security Checked 5/13/2026 10:07:08 AM

Completed Security Checked 5/13/2026 10:07:10 AM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

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