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Re: Choice of Law Sarah B. Tate 27 Aug 2001 13:06 EST

The University of Georgia, a state institution, cannot agree to be bound by
the laws of another state, either.  We ask to make the clause containing the
provision silent, and agree to do the same when the request is made of us.

James L Bates wrote:

> There is a Louisiana statute which prohibits state agencies from agreeing
> to any provision in a contract which requires interpretation of the
> agreement according to the laws of another jurisdiction.  I am aware of
> other states which have similar laws, and we are usually able to resolve
> this issue when negotiating subawards with other public universities by
> agreeing to be silent on the choice of law.
>
> However, sponsors (usually commercial) will occasionally argue that
> universities in states other than Louisiana readily agree to be bound by
> the laws of another jurisdiction and consequently we are unreasonable in
> our position.  I would like to conduct a survey on the choice of law
> provisions in other states.  If you will share the information with me, I
> will compile a list of states which have a statutory choice of law
> requirement and post it to RESADM-L at a later date.  A list of states
> which have choice of law provisions would prove useful when this issue
> arises during contract negotiations.
>
> Jim
> ________________________________________
> James L. Bates
> Director, Office of Sponsored Programs
> 330 Thomas Boyd Hall
> Louisiana State University and A&M College
> Baton Rouge, Louisiana 70803
> Phone: (225)578-3386
> Fax: (225)578-5403
> e-mail: xxxxxx@lsu.edu
>
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Internal and Federal Forms, Grant Resources,
UGA Policies & Procedures, Other Helps Available
at the OVPR Web Site at http://ovpr.uga.edu
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Best regards,
Sarah B. Tate, Grants Officer
The University of Georgia
OVPR, Sponsored Programs
618A Boyd Graduate Studies Research Center
Athens, GA  30602-7411
Phone:  706-542-3345       Fax:  706-542-5946

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