Jan,

Our first two choices, as a State institution, are deletion of the
clause or request laws of the State of Alabama. Our last position would
be to end the state law clause with " . . . except as to matters
involving the sovereign immunity of the University where the laws of the
State of Alabama, as interpreted by the Alabama Supreme Court, shall
apply." If we can't get one of these three, we just can't accept the
agreement.

Val Seaquist
Office of Research Administration
The University of Alabama in Huntsville

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On
Behalf Of Small, Janice
Sent: Wednesday, June 04, 2003 1:18 PM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] governing law clause

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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 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
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