Hi Jean,
You didn't say whether the subcontractor is concerned about indemnifying
you or vice versa, so I'll assume the contractor doesn't want to
indemnify your institution. As far as removing the clause, it's all a
matter of risk and the risk will depend on what the subcontractor will
do. Decide what's the worst that can happen if the subcontractor really
messes up? If your institution is willing to accept that outcome and it
implications (legal, financial, reputation, etc), then removing the
language is less of a problem.

Bruce Steinert, PhD, CCRA
Director, Clinical Trials Administration
The Children's Mercy Hospital
Kansas City, MO

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On
Behalf Of Jean M. Murphy
Sent: Tuesday, March 08, 2005 12:41 PM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] liability/indemnification language in a subcontract

Dear all,
 I am at a private college and am issuing a subcontract to a
private
entity to do some work for us under funds raised from various individual
donors, private foundations and corporations.  The person we are
subcontracting to has balked at our liability/indemnification language.
What do people think about removing it?  Thanks much.
Jean

Jean M. Murphy
Director of Pre-Award Services
Wellesley Centers for Women
http://www.wcwonline.org
E-mail:  xxxxxx@wellesley.edu      Phone:  781-283-2508     Fax:
781-283-2504

Wellesley College, Cheever House, 106 Central Street, Wellesley, MA
02481

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 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
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