We do not sign ANY other contracts that indemnify the sponsor. The
insurance policy covers the costs of litigation in a foreign country.
Our legal council, in concert with our Attorney General, believes that,
in these circumstances, the risk is negligible and the benefits great,
so is willing to let the extra insurance suffice. In the cases where we
have not been able to get the EC to pay for the insurance, the PIs have
been willing to do so from gift accounts.
It is not the ideal solution. If somebody has been able to negotiate
the indemnity in a satisfactory way, let the rest of us know!
>>> xxxxxx@KENNESAW.EDU 02/03/06 12:29 PM >>>
As a state institution, can you sign contracts indemnifying the
sponsor?
If not (we can't) does the separate insurance policy solve the
problem?
How?
>>> xxxxxx@RSP.WISC.EDU 2/3/2006 1:03:36 PM >>>
We have had multiple EC contracts and have not been successful at
changing much of anything. We are covering ourselves by taking out
separate insurance policies through our Risk Management unit. Those
policies are currently costing about $1800 per contract. We have been
successful in getting the EC to provide the extra money to do this on
most occasions.
Diane
Diane Barrett, Assistant Director
Pre-Award Services
Research and Sponsored Programs
University of Wisconsin-Madison
750 University Avenue, Rm 460
Madison, WI 53706
608/262-0252
608/262-5111 (fax)
xxxxxx@rsp.wisc.edu
>>> xxxxxx@UMBC.EDU 02/03/06 9:51 AM >>>
To all public universities out there (privates may have more
flexibility on
this issue than we have):
We are negotiating with the European Commission a contract that has 15
partners (only 2 in the U.S.). There will be no exchange of funds as
our PI
has received NSF and National Geographic funds to complete the project
and
our Swedish partner will manage his travel funds. It does allow our PI
to
obtain the data he needs to do the work in his 2 U.S. grants.
They include the following language on their standard terms and
conditions:
"Each contractor fully guarantees the Community, and agrees to
indemnify it,
in case of any action, complaint or proceeding brought by a third
party
against it as a result damage caused, either by any act or omission
committed by the contractors in performing this contract, or because
of
any
products or services created by the contractor on the basis of
knowledge
resulting from the project.
In the event of any action brought by a third party against a
contractor in
connection with the performance of this contract, the Commission may
assist
the latter upon written request. The costs incurred by the Commission
in
this connection shall be borne by the contractor concerned."
Has any one out there had experience with the EC and has managed to
negotiate this language out?
Thanks,
Magui
Margarita M. Cardona, CRA
Grants Manager, Office of Sponsored Programs
University of Maryland Baltimore County
1000 Hilltop Circle, ECS 329
Baltimore, MD 21250
Ph: 410-455-8635
Fax: 410-455-1876
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