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Re: SUB CONTRACT/CONSORTIUM LANGUAGE - PERFORMANCE Debbie Smith 02 Sep 2005 16:31 EST

Robert--  This is our standard clause:

Termination.  If Subcontractor fails to fulfill in timely and proper manner
its obligations under this agreement, or if Subcontractor shall violate any
of the terms of this agreement, UT shall have the right to immediately
terminate this Subcontract and withhold payments in excess of fair
compensation for work completed.  Notwithstanding the above, Subcontractor
shall not be relieved of liability to UT for damages sustained by virtue of
any breach of this agreement by Subcontractor.

Hope this helps.

Debbie Smith

Deborah (Debbie) L. Smith, Ed.D.
Director, Research Administration
UT Health Science Center
910 Madison, Suite 823
Memphis, TN  38163
901 448-4823
901 448-7600 fax
xxxxxx@utmem.edu

----- Original Message -----
From: "Robert Miller" <xxxxxx@CDREWU.EDU>
To: <xxxxxx@HRINET.ORG>
Sent: Friday, September 02, 2005 3:40 PM
Subject: [RESADM-L] SUB CONTRACT/CONSORTIUM LANGUAGE - PERFORMANCE

> Our University utilizes a templated subcontract agreement that I feel
> is inadequate due to the absence of a liquidated damages statement
> regarding non performance or other types of breaches.
>
> Can any of you provide a suggestion that you use to protect your
> project/PI on related performance issues.
>
> Thanks,
>
> Robert
> ____________
> Robert Gregory Miller
> Charles R. Drew University of Medicine and Science
> Div. of Endocrinology, Metabolism and Molecular Science
> Administrative Director/Research Administrator
> xxxxxx@cdrewu.edu
> Office: 323.563.5961
> Fax: 323.563.5966
>
>
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