RE: question re: end users indemnifying publisher/vendor

["Price, Keri" <kpri@loc.gov>]

Here is some language that has been developed:

The liability of the [Licensee] and its obligations to [OTHER 
PARTY] resulting from any claim, loss, damage, liability or 
expense directly or indirectly occasioned by or arising out of 
this Agreement or any activity which is the subject of this 
Agreement, based upon any act or failure to act on the part of 
any employee or agent of the [Licensee], shall be determined 
under the Federal Tort Claims Act or other Act of Congress, as 
applicable.

The [Licensee] will have the right, at its own expense, to 
participate in the defense of any claim.

Recovery [BY THE OTHER PARTY ]of attorney fees shall be 
determined on a case-by-case basis in accordance with the remedy 
provisions of applicable federal statutes, including the Equal 
Access to Justice Act.

Keri

Keri L. Price
Special Collections Coordinator
U.S./Anglo Division
Library of Congress
101 Independence Ave., S.E.
Washington, DC 20540-4270





-----Original Message-----
From: owner-liblicense-l@lists.yale.edu 
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Rebecca 
Kemp
Sent: Saturday, July 10, 2010 8:55 PM
To: liblicense-l@lists.yale.edu
Subject: question re: end users indemnifying publisher/vendor

I've run across a scenario where a publisher requires end users 
to enter into an end user agreement in which the end user agrees 
to indemnify the publisher.  Is there any language that can be 
used in the institutional license to mitigate this 
indemnification? I think in this particular case, we're not going 
to be able to change anything, but for my future reference, has 
anyone had experience with a situation like this?

--Rebecca

Rebecca Kemp
E-Resources Acquisitions Librarian
CB#3938 Davis Library
UNC-Chapel Hill
Chapel Hill, NC 27514-8890