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Injunctive Relief clauses

To: <liblicense-l@lists.yale.edu>
Subject: Injunctive Relief clauses
From: "Hamaker, Chuck" <cahamake@email.uncc.edu>
Date: Wed, 7 Sep 2005 16:32:55 EDT
Reply-to: liblicense-l@lists.yale.edu
Sender: owner-liblicense-l@lists.yale.edu

How are libraries handling injunctive relief clauses in contracts?
Parallel language sometimes specifies prior agreement that "breach would
cause irreparable harm"

Doesn't this limit severely legal options that a state or university might
follow if provider claims a breach? Has anyone ever had this clause
enforced in a contract? What was the result?

Thanks

Chuck Hamaker
Associate University Librarian Collections and Technical Services
Atkins Library
University of North Carolina Charlotte
Charlotte, NC 28223
phone 704 687-2825

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