Dear Colleagues:

We have received numerous awards over the years for our School of
Public Health from the Association of Schools of Public Health (ASPH).
Until recently, we were pretty well satisfied with the terms of the
agreements we received from ASPH for these projects.

Now, ASPH has added a section on breach of contract to those agreements
which calls for indemnification of ASPH for any damages to it or its
members because of a breach of the agreement by us.  We have asked them
to modify the article to remove this indemnification, but their repsonse
has been to add that we indemnify them to the extent allowed by state
law.  This would be OK if we were entering into agreements with ASPH as
a state university; however, we accept these awards through our
affiliated research foundation which is a 501(c)(3) entity and not a
state agency.

Have you had any experience with this specific ASPH issue, and have you
been able to reach an acceptable alternative with them?  If so, could
you be share this with me?  You can contact me offline at the below
addresses if you desire.

Thanks for your help.

Steve Etheredge

R. Steven Etheredge, Associate Director
Sponsored Programs & Research
University of South Carolina
(803) 777-7093
(803) 777-4136 fax
xxxxxx@gwm.sc.edu

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