RE: License problem with American Geophysical Union

[Kent Mulliner <mulliner@ohio.edu>]

I think a contracting party (e.g., AGU) can expect that a person
designated to sign contracts for an institution is acting on behalf of the
institution.  Of course, such a designated signer cannot obligate the
institution to violate the laws of the state.

But to get to Rick's question, we solved the AGU license problem by
inserting, "to the extent permitted by the laws of the State of Ohio,"
into several clauses in the contract, which in my non-lawyerly opinion
(supported by university legal counsel) makes the clauses meaningless
since they do violate what is permitted by Ohio law.  It was my impression
that the AGU recognized this as well.  That was how I spent my summer, but
we received the fully signed contract a few days ago.

K. Mulliner       Collection Development Coordinator
Ohio University Libraries                       PHONE:  740-593-2707
Athens, OH 45701-2978, USA              FAX:    740-593-2692
mulliner@ohio.edu