RE: Injunctive Relief clauses

["DuBose, Stefanie" <DUBOSES@MAIL.ECU.EDU>]

Hi Chuck,

Thank you for raising this issue.  I try to negotiate that language out of
contracts for the very reason you state below and have successfully done
so, including striking language regarding real or threatened irreparable
harm.  In the past, those particular clauses were associated with business
resources but I'm seeing it more often from publishers who work closely
with the library community.

It seems to me that a provider could claim injunctive relief and not
follow the "cure of breach" language we stipulate in our contracts; after
all, the provider defines "irreparable harm."

I'm very interested to hear how other libraries handle this issue and how
others on the list view this issue.

Stefanie

Stefanie DuBose
Head, Acquisitions
Academic Library Services
East Carolina University
Greenville, NC 27858
(t)252-328-2598
(f)252-328-4834
duboses@mail.ecu.edu


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Hamaker, Chuck
Sent: Wednesday, September 07, 2005 4:33 PM
To: liblicense-l@lists.yale.edu
Subject: Injunctive Relief clauses

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