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RE: question re: end users indemnifying publisher/vendor
- To: "'liblicense-l@lists.yale.edu'" <liblicense-l@lists.yale.edu>
- Subject: RE: question re: end users indemnifying publisher/vendor
- From: "Price, Keri" <kpri@loc.gov>
- Date: Mon, 12 Jul 2010 20:12:25 EDT
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
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
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