Re: European Commission Contracts Rosemary Ruff 03 Feb 2006 17:42 EST

Magui

We had absolutely no luck negotiating anything at all with them except our
official entity name.  As I recall, they said that they do not
negotiate.  It is a take it or leave it option.  We spent weeks trying to
change their minds, to no avail.  If anyone has had a different experience,
I would like to hear about it also.

I like the NSF terms idea.  Nice idea, Ann.  Very creative and I wish I had
thought of it.

Rosemary

At 09:51 AM 2/3/2006, you wrote:
>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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Rosemary H. Ruff, Director
Research Support & Sponsored Programs
120 Ozark Hall
University of Arkansas
Phone (479) 575-3845
FAX (479) 575-3846

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