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From:
LIBLICENSE <[log in to unmask]>
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LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Wed, 3 Sep 2014 19:53:07 -0400
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From: <[log in to unmask]>
Date: Wed, 3 Sep 2014 10:17:08 -0400

Hi Liane,

My first line of defense on this would be to tell the vendor (assuming
this to be true) that you are not authorized to waive sovereign
immunity on behalf of your institution, and if they can't strike the
clause then the agreement has to be escalated to the office of your
university counsel. Your hands are tied. This will most likely
significantly delay the establishment of a business relationship
between you and the vendor. The ball is in their court. Good luck!

Cheers,
Tracy

Tracy L. Thompson, Executive Director
New England Law Library Consortium (NELLCO)
Albany Law School
Schaffer Law Library
Albany, NY 12208
www.nellco.org
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From: "Taylor, Liane R" <[log in to unmask]>
Date: Tue, 2 Sep 2014 20:17:31 +0000

Greetings all ­ I'm working with a vendor who has requestedd we waive
our sovereign immunity. I have never been asked to do this before.
They have not yet been willing to strike this clause. I am wondering
if anyone else has encountered this and if you have any negotiation
tips/effective arguments, before I have to send this off to our legal
counsel to try to manage? I am sending this to other listservs, sorry
for the duplication.

­Liane
Liane Taylor
Continuing Resources Librarian/
Interim Head Acquisitions Librarian
Texas State University
[log in to unmask] • 512.245.3009

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