I'm currently working on an agreement where the  (private) sponsor has
included broad language restricting the university's right to "any use of
the project elements (i.e., data, finding, etc.).  Our PI is carrying out a
survey and evaluating the sponsor's program.

Here is the language included in the agreement:

"Notwithstanding the above, should xxx or anyone associated with xxx desire
to make any use of the project or any of its elements (including data,
findings, etc.), xxx shall first request sponsor's permission, and sponsor
shall review the request within a reasonable time.  Any such use shall be
subject to receiveing sponsor's prior written approval."

The agreement also has the use of name clause which requires that both
parties obtain the other's permission in using the name of the other Party
in any advertising or public relations materials.

The sponsor's key concern is that they need to control negative publicity
or dissemination which could be harmful to their project.  Our concern is
that (a) since the purpose is to evaluate the project, that our PI be able
to carry out a true evaluation (i.e., the sponsor cannot influence the PI's
findings/results) and (b) that the PI/university have the usual ability to
publish and use for his/her work and academic purposes.

I thought that one way to get around this, is to instead suggest specific
language under the use of name (advertising and publicity) clause that
would protect both parties from negative publicity.

I'd appreciate any ideas out there on this?

Thanks,
Chris

Christine R. Woodroffe
Associate Director
Office of Sponsored Programs
Bernstein Marcus Building, Rm. 117
Mailstop 116
Email:  xxxxxx@brandeis.edu
Phone:  (781)736-2120

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