As an agency of the State of North Carolina, UNCP lacks the legal capacity to agree to and is prohibited from accepting certain terms and conditions that often appear in proposed contracts, regardless of the title of the person executing the contract. Those prohibited terms can be found in the list of prohibited contract clauses.
The Office of the General Counsel provides an advisory role by reviewing campus contracts. To submit a contract for review, please use this Contract Review Request Form.
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Is what I’m dealing with a “contract”?
An "agreement," a "memorandum of understanding," a "lease," a "license", etc. may all create legally binding contracts even if the word "contract" never appears in the document. A contract does not have to involve money (i.e. internships, confidentiality agreements, academic exchange programs) but may involve other forms of consideration (i.e. something of value). While a verbal agreement can create a legally binding contract, all University contracts must be put in writing. Be certain that you do not enter into an 'Accidental Contract’.
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What is the university’s legal name?
The university's legal name is "University of North Carolina at Pembroke." (N.C.G.S. § 116-4) This is how the university's name should be written in all contracts and other legal documents.
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How to avoid an “accidental contract”?
Verbal discussions, a series of letters or emails, or a statement of 'intent' can be construed as creating a legally binding contract. Be certain that you do not enter into an 'Accidental Contract'. In order to avoid this from occurring, include a phrase such as "This is for discussion only" or "This is not a contract" in negotiation correspondence. In addition, use the University's standard forms or contact the General Counsel's Office.