RE: NEW VERSIONS OF MODEL LICENSES RELEASED

["Tobia, Rajia" <tobia@uthscsa.edu>]

Our university attorney has advised that we modify indemnity clauses by
deleting them in their entirety, or by adding the phrase, "To the extent
authorized by the Constitution and laws of the State of Texas."  As Chuck
mentions, probably other states have similar restrictions on indemnity.

Rajia Tobia
Associate Library Director for Collection Development
University of Texas Health Science Center at San Antonio 
Briscoe Library
MSC 7940
7703 Floyd Curl Drive
San Antonio, TX 78229-3900
Phone:  210/567-2400
Fax:  210/567-2490
mailto:tobia@uthscsa.edu


-----Original Message-----
From: Hamaker, Chuck [mailto:cahamake@email.uncc.edu]
Sent: Wednesday, May 10, 2000 7:44 PM
To: 'liblicense-l@lists.yale.edu'
Subject: RE: NEW VERSIONS OF MODEL LICENSES RELEASED


	 Often State law specifically excludes the possibility of a state
institution accepting indemnity clauses. The following is an
interpretation and reaction to a recent publisher license requesting
indemnification from Amy Kelso, Associate University Attorney at UNC
Charlotte it is applicable only to North Carolina state entities but other
states probably have similar laws.


	North Carolina laws and regulations provide that contract
provisions such as limitations on the lessor's liability, waivers of the
limits of the University's liability, and hold harmless or indemnification
clauses in favor of the lessor are contrary to public policy and are
therefore void. Specifically, under the North Carolina Tort Claims Act
(N.C. Gen. Stat. 143-291 et seq.) a State entity cannot waive the State's
sovereign immunity and assume liability for actions not covered by the
Tort Claims Act, in a forum other than the Industrial Commission, for an
amount greater than allowed under the Tort Claims Act ($150,000), or for
liabilities different from the liabilities allowed under the Tort Claims
Act (such as attorney's fees). Agreeing to such terms in violation of the
Tort Claims Act would render that agreement void.

			Chuck Hamaker
			UnC Charlotte

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