We will not accept indemnification of anyone for anything,  Deal breaker!

The following is my direction to mu staff, if it is helpful, use it!

"Indemnify and Hold Harmless

VCU is an instrumentality of the Commonwealth of Virginia.  By direction of
the Attorney General of the Commonwealth, we are not allowed to indemnify
or hold harmless any third party.  We have changed [insert reference] to
reflect this limitation.

[The following paragraph may be useful to add to state the responsibility
VCU takes for its own actions:]

To the extent permitted by the Virginia Tort Claims
Act, VCU shall be responsible for the negligent acts or omissions of its
officers, employees or agents arising out of its obligations under this
agreement.  Nothing contained herein shall constitute a waiver of the
sovereign immunity of  VCU or the Commonwealth of Virginia.

[An additional sentence referring to our insurance situation might be
added, providing the following language:]

To the extent permitted by the Virginia Tort Claims
Act, or, where found liable, to the extent of insurance coverage,
VCU shall be responsible for the negligent acts or omissions of its
officers, employees or agents arising out of its obligations under this
agreement.  Nothing contained herein shall constitute a waiver of the
sovereign immunity of  VCU or the Commonwealth of Virginia.  The
Commonwealth, its agencies, institutions, and employees are covered
by a self insured plan based on a comprehensive general liability
manuscript form as authorized by the Code of Virginia, § 2.1-191.11."

Chuck

At 09:01 AM 7/11/2003 -0500, you wrote:
>I would like to know if any state institutions registered with RAMS
>(Research and Management Systems, Inc.) to submit proposals electronically
>to foundations such as the American Cancer Society, Alzheimer’s
>Association, etc.?  Did you accept the Terms of Service, which includes an
>Indemnification clause?  How did you institution handle this situation?
>
>Thanks for the help.
>
>****************************************************************************
>Kathy Scheibel, CRA
>Senior Research Administrator
>Research & Sponsored Programs
>University of Arkansas
>120 Ozark Hall
>Fayetteville, AR  72701
>Phone: 479/575-5912
>FAX: 479/575-3846
>
>****************************************************************************
>"The only reason some people get lost in thought is because it's
>unfamiliar territory." - Paul Fix
>****************************************************************************
>
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Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Commonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Express Delivery Only:
 Biotech One, Suite 113
 Virginia Biotechnology Research Park
 800 East Leigh Street
 Richmond, VA 23219
Voice:  804-828-6772
Fax     804-828-2521
OFFICE e-mail   xxxxxx@VCU.EDU
Personal e-mail xxxxxx@vcu.edu
http://www.research.vcu.edu/ospa.htm

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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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