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Re: Input requested: "Remedies" w/in Confidentiality Erika Cottingham 14 Aug 2007 15:51 EST

Geoff,

It is my opinion that injunctive release is appropriate in CDAs.  I
don't see any red flags with this clause, nor does our legal counsel.

Erika

"Research is formalized curiosity.  It is poking and prying with a
purpose.  It is seeking that he who wishes may know the cosmic
secrets of the world and that they dwell therein."

~Zora Neale Hurston~

Erika N. Cottingham
Grant Manager
Division of Child and Adolescent Psychiatry
Cincinnati Children's Hospital Medical Center

(513) 636-8055
(513) 636-4283 fax
xxxxxx@cchmc.org

>>> xxxxxx@AURORA.ORG 8/14/2007 1:22 PM >>>
Good afternoon,

I believe we are seeing the language copied below for the first time in
a
Confidentiality Agreement.  Would anyone be able to contribute "red
flags"
that appear from your perspective?

Remedies.  In addition to any and all other remedies available at law
or
in equity, each party will be entitled to temporary and permanent
injunctive relief and specific performance in the event of any breach
of
this Agreement by any other party or its representatives.  Each party
hereby waives any requirement for securing or posting a bond in
connection
with any other party obtaining or attempting to obtain any injunctive
or
other equitable relief.  Pursuit of any remedy will not preclude
pursuit
of any other remedy herein provided or any other remedy provided by law
or
equity, all such remedies being cumulative.

Geoffrey Schick
Director, Clinical Trials Research
Department of Clinical Research
Aurora Health Care
Ph: 414.649.5903
Fx: 414.649.5042

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