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governing law clause Small, Janice 04 Jun 2003 13:18 EST

Dear Research Administration listers:
We have been presented a contract from one of the Indian tribes in our
state.  One of the clauses deals with Sovereign Immunity and states, "The
XXXX Tribe, by entering into this agreement, does not waive its sovereign
immunity from suit.  The laws of the XXX Tribe shall govern this Agreement."
We have asked them to delete this clause, which they say they cannot do and
our university cannot sign the contract as long as it contains that wording.
The contract is for an important project and involves a sizeable budget, so
we would really like to work this out if we can.  Can anyone suggest to me
some compromise wording that might be acceptable to both our university and
the tribe?  Thanks very much for your help.
Jan Small

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Jan Small
Coordinator of Sponsored Programs
University of South Dakota
414 East Clark Street
Vermillion, SD  57069
Phone (605) 677-5370; FAX (605) 677-6387
email: xxxxxx@usd.edu
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