If you think about it, this is really no different than what companies and
organizations face when dealing with contracts with state agencies.  Each
state has laws on the books stating that their statutes and venue will be
used in the event of a dispute, and that the contract will be construed
under their laws.

I'm not a lawyer, but the states requirements would seem to be subjugated by
the UCC as interstate trade would be impacted.  I've always accepted the
state's verbiage here as its low risk for us in any event.

As for international, it's been entirely too long since I've written one of
those

Greg Schmidt
703-346-5696 (Voice)
703-938-1294 (Fax)

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of
Deborah Lynn Lundin
Sent: Thursday, August 19, 2010 11:27 AM
To: xxxxxx@hrinet.org
Subject: [RESADM-L] contract language with an international corporation

Greetings!

We are currently working through some contract language with a corporation
solely based overseas.  In one particular clause, "Laws and Regulations,"
the original language stated that the agreement will be governed by, and
construed and enforced in accordance with the laws of the "home country" of
the sponsor, and that the place of jurisdiction will be within the courts of
the sponsor's home country.

This original language is currently unacceptable according to state law,
however, the sponsor objects to the wholesale removal of the language
regarding their home country jurisdiction.

Has anyone encountered this issue?  If so, were you able to find language
that was acceptable for both your institution and the sponsor?

Please feel free to email me directly at
xxxxxx@uncp.edu<mailto:xxxxxx@uncp.edu>.

Thanks!

Deborah Lundin, Ed.D.
College of Arts and Sciences
University of North Carolina at Pembroke
Old Main 210
Pembroke, NC 28372
(910) 522-5781 (T); (910) 521-6606 (F)

======================================================================
 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")
======================================================================