IBISWorld license agreement

["Diane Grover" <grover@u.washington.edu>]

We are stuck in a protracted negotiation with IBISWorld over a 
difficult clause (following).  If other libraries have 
successfully negotiated this one, would you please contact me 
off-list?  IBISWorld claims 120 academic libraries have signed 
the agreement with this clause in place.

Thank you,

Diane Grover
Electronic Resources Coordinator
University of Washington Libraries
206-543-4786
grover@u.washington.edu

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8.7 The parties agree that any violation by Client, its employees 
or agents of the covenants of this License Agreement relating to 
unauthorized use of the Licensed Product would result in damage 
to IBISWorld that is largely intangible but nevertheless real, 
and that is incapable of complete remedy by an award of damages. 
Accordingly, any violation of the terms of this License relating 
to unauthorized use which Client refuses to remedy upon written 
notice from IBISWorld shall give IBISWorld the right to a court 
ordered injunction or other appropriate order to specifically 
enforce the provisions of this License. If Client opposes any 
such action, in addition to any other relief to which IBISWorld 
may be entitled, should IBISWorld prevail in any such action 
Client agrees to pay IBISWorld as damages any reasonable 
expenses, including, but not limited to attorneys' fees and 
litigation costs, incurred in obtaining such specific 
enforcement.

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