Re: License problem with American Geophysical Union

["rrhoon.mail.ncsu.edu" <robert_hoon@ncsu.edu>]

*I also neglected to mention that some state institutions view assumption
of liability for acts of third parties as a contractual attempt at
abrogation or waiver of sovereign immunity, and for others it may also be
a violation of their existing tort claims act (the proscribed statutory
mechanism by which all claims against the state or its
subdivisions/agencies must be handled), accordingly, many AG's would opine
that to execute the agreement with such a clause is an ultra vires act
(exceeding the signator's authority) and therefore void.  rob

----- Original Message -----
From: "Ann Okerson" <ann.okerson@yale.edu>
To: <liblicense-l@lists.yale.edu>
Sent: Tuesday, September 09, 2003 8:52 PM
Subject: Re: License problem with American Geophysical Union

> The "Other institutions have signed, why not you?" has a Twin. That Twin
> is, "You're the first one ever to mention this as a problem!" The Twin is
> *immensely* irritating no matter what the context (usually a customer
> exchange of some sort, and stands for "you're being stupid and
> unreasonable") and definitely so in contract conversations.  Ann
> Okerson/Yale Library