UT negotiated the following indemnification paragraph, which was a small
improvement over the original language.   Still, this was nonconforming
to policy and required management and OGC approvals:

(Note:  this article I.9.4 replaces Article II.2.3 of the General
Conditions.)   The Contractor shall indemnify the Commission against any
claim, or proceeding brought against the Commission by a third party as
a result of damage caused directly by the Contractor's negligence in the
performance of the Contract."

There were other minor concessions, but my experience pretty much
matches everyone else's.  The Commission was unwilling to accept the
changes required by the University to bring the provisions into
conformity with standard policy and procedures.

Best,

Ty

Ty  Lane, CPCM
Senior Grants and Contracts Specialist

The University of Texas at Austin
Office of Sponsored Projects
North Office Building A
101 East 27th Street
Suite 4.300, Mail Code A9000
P.O. Box 7726, Austin, TX  78713-7726

Phone:    (512) 471-6234
Fax:        (512) 471-6564

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On
Behalf Of Margarita M. Cardona
Sent: Friday, February 03, 2006 9:51 AM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] European Commission Contracts

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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