Re: Governing Law & Jurisdiction
Kathryn A Watkins-Wendell 03 Aug 2006 10:12 EST
Carole,
We are a state institution and we can NEVER accept language that binds us
to abide by the laws of another state; it is a statutory issue that we have
no control over.
It's a deal breaker if we can't get the venue changed to Ohio, or remain
silent.
Katie.
************************************************************
Kathryn Watkins, M.Ed., CRA, Director
Sponsored Programs and Research
Cleveland State University
216-687-3630 / 216-687-9382 (fax)
Carole Knight
<xxxxxx@SLU.EDU
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08/03/2006 10:21
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I'm hoping that some of you can give me your thoughts and advice about
how to handle questions of "Governing Law & Jurisdiction" when
negotiating contracts for your institutions. Since we are in Missouri,
we always ask for a statement in our contracts that says: "This
Agreement shall be governed by and construed in accordance with the laws
of the State of Missouri." If we can't get this, we ask that the
contract remain silent on this issue.
Of course, when we work with companies and institutions outside of
Missouri, they want their states to have jurisdiction. Sometimes the
negotiations hang up on this issue. Do any of you accept other state
jurisdictions for research or clinical contracts? In what instances
would you do this? How would you handle this in negotiation?
Thanks for any advice you can give.
Carole
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