Re: Liability wording in grant agreements Carlson, Claire 23 Sep 2004 14:37 EST
Our legal counsel won't allow us to accept liability language unless it extends both ways. As a result, when we do subgrants, we use the language we would find acceptable -- i.e., extend it both ways. We don't have any problem accepting agreements without a liability cause. Claire Claire L. Carlson Associate Vice President for Research The University of Montana Research and Sponsored Programs University Hall 202 Missoula, Montana 59812-4104 Phone (406) 243-5796 Fax (406) 243-5739 NOTE NEW E-MAIL ADDRESS: xxxxxx@umontana.edu -----Original Message----- From: Laurie Chamness [mailto:xxxxxx@MUSC.EDU] Sent: Thursday, September 23, 2004 7:53 AM To: xxxxxx@HRINET.ORG Subject: [RESADM-L] Liability wording in grant agreements Does your standard subgrant agreement include a "Limits of Liability" paragraph that addresses the liability of each party or does it address the liability of only the subgrantee? Our standard subgrant agreement includes a "Limits of Liability" paragraph that addresses the liability of only the subgrantee: "Subgrantee is and will be acting as an independent agent in the performance of this work, and it shall be solely responsible where found liable to the extent covered by the subgrantee's insurance for the payment of any and all claims for loss, personal injury, death, property damage, or otherwise arising out of any act or omission of its employees or agents in connection with the performance of this work." However, I have seen liability paragraphs that address the liability of both parties: "Each party will be liable for its actions resulting from errors of omission or commission that may result directly or indirectly from wrongful or negligent acts by its personnel." Is there a reason or are there circumstances under which we should use the "each party" version instead of the "subgrantee" version? If we are the subgrantee, should we negotiate for one type wording over the other, or doesn't it matter? Also, if you receive an agreement that does not include any liability paragraph, do you accept it or do you request that a liability paragraph be included? Laurie -- Laurie Chamness Assistant Director Office of Research and Sponsored Programs Medical University of South Carolina PO Box 250854 Charleston, SC 29425 Ph (843) 792-3832 Fax (843) 792-6447 E-Mail: xxxxxx@musc.edu ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================