Re: Choice of Law Elaine Young 18 Jun 2002 06:39 EST
We have HHMI grants but are located in the state of Maryland and so have no problem with the clause. -----Original Message----- From: Research Administration List [mailto:xxxxxx@HRINET.ORG]On Behalf Of Wolterman, Ken (WOLTERK) Sent: Monday, June 17, 2002 10:51 AM To: xxxxxx@HRINET.ORG Subject: Re: [RESADM-L] Choice of Law The 2 we have with HHMI are grant agreements that have no reference to what you state below...guess we're lucky. -----Original Message----- From: James L Bates [mailto:xxxxxx@LSU.EDU] Sent: Friday: June 14, 2002 1:32 PM To: xxxxxx@HRINET.ORG Subject: [RESADM-L] Choice of Law We recently received an award from the Howard Hughes Medical Institute in which a clause, Choice of Law and Forum, specifies the agreement will be governed and interpreted under Maryland law and requires adjudication within the State of Maryland. I advised the HHMI that as a state supported institution, state law prohibits us from accepting an agreement with provisions stipulating that the agreement will be interpreted according to the laws of another jurisdiction or stating that a suit will be brought in a jurisdiction outside of this state. I suggested that we either remain silent on this issue or substitute "This agreement will be governed in accordance with applicable laws and regulations" HHMI has rejected my suggestion and basically stated we must accept the contract with absolutely no changes. I know that other state institutions with similar statutes have recently received contracts from HHMI with identical clauses. Have you been able overcome this obstacle of accommodating HHMI while complying with your state laws? I would appreciate any advice you can offer. Jim ________________________________________ James L. Bates Director, Office of Sponsored Programs 330 Thomas Boyd Hall Louisiana State University Baton Rouge, Louisiana 70803 Phone: (225)578-3386 Fax: (225)578-5403 e-mail: xxxxxx@lsu.edu ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================