Re: European Commission Contracts Ty Lane 06 Feb 2006 08:53 EST
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 ====================================================================== 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") ======================================================================