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UPDATE: AGU site license - indemnity clause
- To: <email@example.com>
- Subject: UPDATE: AGU site license - indemnity clause
- From: "Donley, Leah" <firstname.lastname@example.org>
- Date: Mon, 24 Nov 2008 22:57:28 EST
- Reply-to: email@example.com
- Sender: firstname.lastname@example.org
I just wanted to post an update on our quest for agreeable language regarding indemnification in the AGU site license. We were able to use the language that was suggested by Karine Blaufuss of AGU (her original post appears below). Thank you to Karine as well as the other individuals who responded both on and off list regarding indemnification language. The examples we saw were truly invaluable and helped us to quickly come to a workable agreement when we were under a tight deadline. I apologize for the delay of this update, but wanted to wait until everything was finalized before posting. Leah Donley Librarian Brookhaven National Laboratory email@example.com -----Original Message----- From: firstname.lastname@example.org [mailto:email@example.com] On Behalf Of Karine Blaufuss Sent: Wednesday, September 17, 2008 6:53 PM To: firstname.lastname@example.org Subject: Re: AGU site license - indemnity clause Dear Leah, I read your email on the listserv and have been apprised of the negotiations between you and Sonya Washington regarding the license agreement. After further research, we found some language we have used for another government entity and that I think we can use with Brookhaven National Laboratory. Please let us know if this language is appropriate in lieu of the current indemnification clause: "EACH PARTY IS RESPONSIBLE FOR ITS OWN NEGLIGENCE AND WILLFUL MISCONDUCT OR BREACH OF THIS LICENSE. BOTH PARTIES RECOGNIZE AND ACKNOWLEDGE THAT THE PRODUCT IS DELIVERED *AS IS* AND THAT ALL WARRANTIES EXPRESS OR IMPLIED ARE DISCLAIMED. THE PARTIES AGREE THAT THIS LICENSE IS SUBJECT TO THE COPYRIGHT ACT AND LAWS GOVERNING INFRINGEMENT OF COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, 28 U.S.C. SEC. 1498(B)." Regards Karine Blaufuss Group Manager, Marketing & Membership AGU 2000 Florida Ave. NW Washington, DC 20009 Direct: 202-777-7473 Fax: 202-328-0566 email@example.com www.agu.org
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