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(Previous discussion continued)
Re: governing law clause Liz Zuercher (04 Jun 2003 13:51 EST)

Re: governing law clause Liz Zuercher 04 Jun 2003 13:51 EST

Jan
Here is something we use here at ISU as a replacement to a specific states
laws.

This agreement shall be governed by and construed in a court of competent
jurisdiction.

Hope it helps.
Liz
At 01:18 PM 6/4/2003 -0500, you wrote:
>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
>
>**********************************************
>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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Liz Zuercher
Associate Director
Office of Sponsored Programs Administration
515-294-4642
515-294-8000 fax
2207 Pearson Hall Rm 15
Ames, Iowa 50011-2207

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