RE: New England Journal of Medicine

["Sybil Boutilier" <sboutilier@sfpl.org>]

As a municipal government agency we are required to reject any choice of
law other than California.  We have made an agreement with vendors to
remain silent on the issue and leave out the provision when they would not
agree to insert a choice of law = California clause.

Sybil L. Boutilier
San Francisco Public Library
100 Larkin Street
San Francisco, CA 94102
(415) 557-4214 phone
(415) 437-4830 fax
sboutilier@sfpl.org

From: Diane Carroll [mailto:carroldi@ohsu.edu] 
Subject: New England Journal of Medicine

The OHSU Library is trying to complete a license with the New England
Journal of Medicine.  They are asking all to accept Massachusetts law and
venue as stated below.  They said the second statement should make this
acceptable.  The complete license is available on the web at
http://www.nejm.org/Institute/Terms/acAgree.pdf

12.c. This Agreement shall be construed and enforced in accordance with
the laws of the Commonwealth of Massachusetts, United States of America,
without regard to its conflict of laws rules. Any controversy arising out
of or relating to this Agreement shall be brought to the federal or state
courts located in Massachusetts, and the parties hereby consent to the
jurisdiction of such courts. The foregoing choice of law and forum
designation will not apply if compliance would violate any existing law,
regulation, bylaw, or equivalent governing instrument of Licensee.

Have you been able to accept 12c when you would normally reject venue and
law of another state? Any insights would be appreciated.

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