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Re: United Soybean Board Herbert B. Chermside 19 Mar 1998 08:31 EST

Martha, I'd never agree to the terms that you've said the Soy Bean Board
asked.  I might be opverruled by my VP Research, but when he does that, I
insist he personally sign the agreement.  As we are a state institution,
our AG prohibits accepting the laws of another state, which our Counsel
would advise the VP.

Chuck

At 03:16 PM 3/18/98 -0500, you wrote:
>I am interested talking to in anyone who has sucessfully negotiated an
>agreement with the United Soybean Board.  Our one and only experience to
>date took several months.  The United Soybean Board used an intermediate
>firm - Smith, Bucklin and Associates, LLC to contract with us based upon
>some agreement that they have with the Soybean Board.
>
>The agreement contained the standard things that universities generally
>don't like:
>
>1) prior approval of all publications including presentations at
>conferences/national meetings
>2) very detailed documentation of all expenditures
>3) no overhead, no PI salary, and no equipment
>4) no budget reallocations or deviations without prior written approval
>5) liability for all claims etc arising in whole or in part by acts or
>omissions of the university
>6) Smith Bucklin will only pay us if the Soybean Board pays them first and
>if the Soybean Board doesn't pay then we are out on our own
>7) Agreement governed and construed in accordance with the laws of a state
>other than the one in which we are incorporated
>8) non-exclusive, irrevocable, paid-up license to practice or use or
>sublicense the discoveries ..... They get all rights to revenues or
>benefits arising from licenses that we enter into with third parties with
>50% of the income coming back to them
>
>It goes on from there.
>
>The basis for my question to this group is a phone call I received from a
>department head who stated that we are being unreasonable and that other
>universities would surely agree to work with the Soybean Board in a more
>reasonable and timely fashion.  He suggested that I poll other institutions
>to get a better understanding of how to do my job.  So that is what I am
>doing.  I would like to know of successes with the Soybean Board and of
>institutions who would agree to the language provided above.  Thanks for
>any enlightenment you might provide.
>
>----------------------------------------------------------
>Martha M. Taylor,   Director               (334) 844-4438
>Contracts and Grants Administration         FAX (334) 844-5953
>310 Samford Hall
>Auburn University,  AL  36849-5131
>xxxxxx@mail.auburn.edu
>
Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Comonwealth University
PO BOX 980568
Richmond, VA  23298-0568
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Personal e-mail xxxxxx@vcu.edu
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