European Commission Contracts Margarita M. Cardona 03 Feb 2006 10:51 EST

To all public universities out there (privates may have more flexibility on
this issue than we have):

We are negotiating with the European Commission a contract that has 15
partners (only 2 in the U.S.). There will be no exchange of funds as our PI
has received NSF and National Geographic funds to complete the project and
our Swedish partner will manage his travel funds. It does allow our PI to
obtain the data he needs to do the work in his 2 U.S. grants.

They include the following language on their standard terms and conditions:

"Each contractor fully guarantees the Community, and agrees to indemnify it,
in case of any action, complaint or proceeding brought by a third party
against it as a result damage caused, either by any act or omission
committed by the contractors in performing this contract, or because of any
products or services created by the contractor on the basis of knowledge
resulting from the project.

In the event of any action brought by a third party against a contractor in
connection with the performance of this contract, the Commission may assist
the latter upon written request. The costs incurred by the Commission in
this connection shall be borne by the contractor concerned."

Has any one out there had experience with the EC and has managed to
negotiate this language out?

Thanks,
Magui

Margarita M. Cardona, CRA
Grants Manager, Office of Sponsored Programs
University of Maryland Baltimore County
1000 Hilltop Circle, ECS 329
Baltimore, MD 21250
Ph: 410-455-8635
Fax: 410-455-1876

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