Message

To: "Meeker, Lorelei" cc: "Brian D. Voss" , kwaldhue@indiana.edu, gannon@cs.indiana.edu Subject: Re: fsu In-reply-to: Your message of "Mon, 18 Nov 2002 14:21:33 EST." Date: Mon, 18 Nov 2002 17:35:30 -0500 From: Geoffrey Fox Their ownership argument is wrong as we are doing this precisely to allow students to use software by putting it in public domain Currently they cannot as software partly owned by FSU, Syracuse and Indiana (Of course ideas are essentially mine, work uses IU machines and so very unclear why FSU should own) However I fear FSU won't pay students until agreement signed. So its a difficult situation as can't negotiate properly (students have not been paid since Oct 1) So I think most humane thing is to roll over and give in and address later > This is a multi-part message in MIME format. > > ------_=_NextPart_001_01C28F37.B48A05BC > Content-Type: multipart/alternative; > boundary="----_=_NextPart_002_01C28F37.B48A05BC" > > > ------_=_NextPart_002_01C28F37.B48A05BC > Content-Type: text/plain; > charset="us-ascii" > Content-Transfer-Encoding: quoted-printable > > Therese=20 > These are changes requested by FSU. One of the most significant of > these is the request to delete IU's ownership of the work. Is this > acceptable to you? Additionally, while I would agree to some > modification of section on a noninfringement warranty, I hesitate to > strike this in its entirety as requested. > =20 > I believe all other requested changes can be accommodated in one way or > another. =20 > =20 > Please advise. > Lorelei > Lorelei Meeker, C.P.M. > Assistant Director > Indiana University > 400 East Seventh Street, Rm 416 > Bloomington, IN 47405 > lmeeker@indiana.edu > http://www.indiana.edu/~purchase/ > 812.855.4382 (o) > 812.855.7839 (f) > =20 > CONFIDENTIALITY NOTICE: This E-Mail message and any attachments are for the sole use of the intended recipient(s) and may contain confidential > and privileged information. Do not read, copy, forward, or print this > E-Mail message of any attachments unless you are in the intended > recipient. If you are not the intended recipient, please immediately > notify the sender by telephone and permanently delete and destroy all > copies and printouts of this E-Mail message and /or attachments. Even > if you are an intended recipient of this E-Mail, the author requests > that you not forward it to any other person without prior consent." > =20 > > ------_=_NextPart_002_01C28F37.B48A05BC > Content-Type: text/html; > charset="us-ascii" > Content-Transfer-Encoding: quoted-printable > > > Message > charset=3Dus-ascii"> > > >

> size=3D2>Therese

size=3D2>These=20 > are changes requested by FSU. One of the most significant of these = > is the=20 > request to delete IU's ownership of the work. Is this acceptable = > to=20 > you? Additionally, while I would agree to some modification of = > section on=20 > a noninfringement warranty, I hesitate to strike this in its entirety as = > > requested.

> size=3D2>

size=3D2>I=20 > believe all other requested changes can be accommodated in one way or=20 > another.

> size=3D2>

size=3D2>Please=20 > advise.

> size=3D2>Lorelei

Lorelei Meeker, = > C.P.M.

Assistant = > Director

Indiana = > University

400 East Seventh Street, = > Rm=20 > 416

Bloomington, = > IN =20 > 47405

href=3D"mailto:lmeeker@indiana.edu">lmeeker@indiana.edu

href=3D"http://www.indiana.edu/~purchase/">http://www.indiana.edu/~purcha= > se/

812.855.4382 = > (o)

812.855.7839 = > (f)

Arial"> size=3D1>CONFIDENTIALITY NOTICE: This E-Mail message and any attachments = > are for=20 > the sole use of the intended recipient(s) and may contain confidential = > and=20 > privileged information. Do not read, copy, forward, or print this = > E-Mail=20 > message of any attachments unless you are in the intended = > recipient. If=20 > you are not the intended recipient, please immediately notify the sender = > by=20 > telephone and permanently delete and destroy all copies and printouts of = > this=20 > E-Mail message and /or attachments. Even if you are an intended = > recipient=20 > of this E-Mail, the author requests that you not forward it to any other = > person=20 > without prior consent."

size=3D2>

> =00 > ------_=_NextPart_002_01C28F37.B48A05BC-- > > ------_=_NextPart_001_01C28F37.B48A05BC > Content-Type: message/rfc822 > Content-Transfer-Encoding: 7bit > > X-MimeOLE: Produced By Microsoft Exchange V6.0.6249.0 > Received: from iu-mssg-smtp02.ads.iu.edu ([129.79.1.219]) by iu-mssg-mbx05.ads.iu.edu with Microsoft SMTPSVC(5.0.2195.5329); Fri , 15 Nov 2002 13:36:22 -0500 > MIME-Version: 1.0 > Content-Type: multipart/alternative; > boundary="----_=_NextPart_003_01C28CD5.E5231700" > Received: from eldorado.uits.indiana.edu ([129.79.1.70]) by iu-mssg-smtp02.ads.iu.edu with Microsoft SMTPSVC(5.0.2195.5329); Fri , 15 Nov 2002 13:36:22 -0500 > Received: from mailer.fsu.edu (mailer.fsu.edu [128.186.6.122]) by eldorado.uits.indiana.edu (8.12.1/8.12.1/IUPO) with ESMTP id g AFIaLib018660 for ; Fri, 15 Nov 2002 13:36:21 -0500 (EST) > Received: from rlentz.mailer.fsu.edu (clara.res.fsu.edu [128.186.198.115]) by mailer.fsu.edu (8.11.6/8.11.1) with ESMTP id gAFIa HT23567; Fri, 15 Nov 2002 13:36:17 -0500 (EST) > In-Reply-To: <5.1.0.14.0.20021115131730.01b320e8@mailer.csit.fsu.edu> > Return-Path: > X-OriginalArrivalTime: 15 Nov 2002 18:36:22.0426 (UTC) FILETIME=[E56417A0:01C28CD5] > X-Sender: rlentz@mailer.fsu.edu > X-MailScanner: Found to be clean > Content-Class: urn:content-classes:message > Subject: Re: Florida State Agrmt 1002 / negotiations > Date: Fri, 15 Nov 2002 13:36:14 -0500 > Message-ID: <5.1.1.5.2.20021115132645.0294f5e0@mailer.fsu.edu> > X-MS-Has-Attach: > X-MS-TNEF-Correlator: > Thread-Topic: Florida State Agrmt 1002 / negotiations > Thread-Index: AcKM1eWUtS1zZRtLSr2tCumaWDay9A== > X-Message-Flag: Follow up > X-Message-Completed: Mon, 18 Nov 2002 10:51:00 -0500 > From: "Russell Lentz" > To: "Meeker, Lorelei" > Cc: "Michele" > > This is a multi-part message in MIME format. > > ------_=_NextPart_003_01C28CD5.E5231700 > Content-Type: text/plain; > charset="iso-8859-1" > Content-Transfer-Encoding: quoted-printable > > Lorelei, > > I just received an e-mail from Dr. Erlebacher's office requesting a few = > corrections to the contract: > > The dates of the contract should be 10/1/2002 - 4/30/2003. Likewise, the = > invoice requirements need to be changed to reflect those dates. We = > request that the final invoice be due on or before May 30, 2003. > > Thanks, > Russ > > At 01:18 PM 11/15/2002 -0500, you wrote: > > > Dates of agreement 10/1/02-4/30/03. > > Final invoice around May 16, 2003 > > Michele > > > > > > > At 01:02 PM 11/15/2002 -0500, you wrote: > > > Lorelei,=20 > > Thank you for the revised draft of the agreement. We have reviewed it = > and have several requests: > > 1. We request that we be identified as follows in the recital (per a = > change in Florida law last year): "Florida State University, for and on = > behalf of its Board of Trustees, and their successors and assigns." > 2. We request that subsection e. of section 3. Payment Terms be modified = > so that the second sentence reads as follows: "Final invoice should be = > sent no later than January 20, 2003." > 3. We request that subsection f. of section 3. Payment Terms be stricken = > and replaced with the following: "Consultant shall provide monthly = > summary invoices, and the final invoice should be sent no later than = > January 20, 2003." > 4. We request that subsection a. of section 5. Scope of Work be stricken = > in its entirety and not replaced.=20 > 5. We request that section 6. Ownership of Project be stricken in its = > entirety and not replaced. The nature of the university setting does not = > allow for works for hire and limits on intellectual property where there = > could, for example, be graduate students writing dissertations.=20 > 6. We request that section 7. Noninfringement Warranty be stricken in = > its entirety and not replaced. > 7. We request that section 1. Applicable Law of Appendix A be modified = > to the following language: "The Agreement shall be governed by = > applicable state law, and Consultant shall at all times comply with and = > observe all federal, state, and local laws, ordinances, and regulations = > which are in effect during the period of this Agreement and which in any = > manner affect the work or its conduct." > 8. We request that subsection 4.1 Termination without Cause of Appendix = > A be modified to have a 30-day written notice of termination.=20 > 9. We request that our insurance limits be put in the contract as = > sufficient insurance coverage in section 4.2 Termination for Cause of = > Appendix A, since insufficient insurance coverage is grounds for = > cancelling the agreement. Our standard insurance language is as follows: = > "Consultant agrees to maintain, during the term of this agreement, = > comprehensive general liability insurance with limits for bodily injury = > and property damage combined in the amount of $100,000 per person, = > $200,000 per occurrence, for the protection of the University against = > any and all claims arising out of this agreement. Upon request, a = > certificate of insurance shall be provided as evidence of compliance." > 10. We request that the following sentence be added to subsection 4.3 = > Payment Upon Termination: "In the event of termination, the Consultant = > will be paid for all costs incurred, including non-cancelable = > obligations." > 11. We request that section 5. Notices of Appendix A be modified to have = > Olivia Pope as the person who should be notified per this section. = > Everything else remains the same except the e-mail address, which needs = > to be changed to opope@mailer.fsu.edu.=20 > 12. We request that section 12. Non-Solicitation of Appendix A be = > stricken in its entirety. It would unreasonable for a university to say = > that it will not hire anybody from Indiana University.=20 > 13. We request that section 13. Non-Performance of Appendix A be either = > stricken or modified to include language that assures us that a third = > party would be reasonably selected and that damages would be mitigated.=20 > 14. We request that section 18. Most Favored Customer of Appendix A be = > stricken. It would be unduly burdensome for all university contracts to = > be monitored in such a way.=20 > 15. We request that section 21. Indemnification of Appendix A be = > stricken and replaced with the following text: "Each party hereto agrees = > that it shall be solely responsible for the wrongful acts of its = > employees, contractors and agents. However, nothing contained herein = > shall constitute a waiver by either party of its sovereign immunity and = > the limitations set forth in Section 768.28, Florida Statutes." > 16. We request that my name, Russell Lentz, be removed from the Key = > Person Clause in section 22 of Appendix A. While the Principle = > Investigator is likely essential to the contract, I am not.=20 > > Those are all of our requests at this time. > > Thanks, > Russ > > At 02:11 PM 11/14/2002 -0500, you wrote: > > > Dr. Lentz > Please find attached a revised draft of the Agreement between Indiana = > University and Florida State University. Please let me know if you have = > any questions or concerns regarding the agreement language. > =20 > Thank you for your patience. > LM > Lorelei Meeker, C.P.M. > Assistant Director > Indiana University > 400 East Seventh Street, Rm 416 > Bloomington, IN 47405 > lmeeker@indiana.edu > http://www.indiana.edu/~purchase/ > 812.855.4382 (o) > 812.855.7839 (f) > =20 > CONFIDENTIALITY NOTICE: This E-Mail message and any attachments are for = > the sole use of the intended recipient(s) and may contain confidential = > and privileged information. Do not read, copy, forward, or print this = > E-Mail message of any attachments unless you are in the intended = > recipient. If you are not the intended recipient, please immediately = > notify the sender by telephone and permanently delete and destroy all = > copies and printouts of this E-Mail message and /or attachments. Even = > if you are an intended recipient of this E-Mail, the author requests = > that you not forward it to any other person without prior consent." > =20 > =20 > > > _____ =20 > > Russell Lentz, J.D.=20 > Coordinator of Research/Services > Florida State University=20 > Sponsored Research Services=20 > 118 N. Woodward Ave.=20 > Tallahassee, FL 32306-4166=20 > (850) 644-8661 * Fax (850) 644-1464=20 > > _____ =20 > > You may access several of our important documents online at:=20 > FSU Sponsored = > Research Services > Statewide = > Federal Awards Audit=20 > F = > &A Rate Agreement > > _____ =20 > > > Michele Locke > Sr. Accountant > School of Computational Science & > Information Technology > Florida State University > Tallahassee, FL 32306-4120 > phone: 850-644-2273 > fax: 850-644-1593 > > > Michele Locke > Sr. Accountant > School of Computational Science & > Information Technology > Florida State University > Tallahassee, FL 32306-4120 > phone: 850-644-2273 > fax: 850-644-1593 > > > ------_=_NextPart_003_01C28CD5.E5231700 > Content-Type: text/html; > charset="iso-8859-1" > Content-Transfer-Encoding: quoted-printable > > > > charset=3Diso-8859-1"> > Lorelei,

> I just received an e-mail from Dr. Erlebacher's office requesting a few > corrections to the contract:

> The dates of the contract should be 10/1/2002 - 4/30/2003. Likewise, the > invoice requirements need to be changed to reflect those dates. We > request that the final invoice be due on or before May 30,=20 > 2003.

> Thanks,
> Russ

> At 01:18 PM 11/15/2002 -0500, you wrote:
>

Dates of agreement > 10/1/02-4/30/03.

> Final invoice around May 16, 2003

> Michele

>
>
class=3Dcite cite>

> At 01:02 PM 11/15/2002 -0500, you wrote:
>
Lorelei,

> Thank you for the revised draft of the agreement. We have reviewed it = > and > have several requests:

> 1. We request that we be identified as follows in the recital (per a > change in Florida law last year): "Florida State University, for = > and > on behalf of its Board of Trustees, and their successors and > assigns."
> 2. We request that subsection e. of section 3. Payment Terms be modified > so that the second sentence reads as follows: "Final invoice should > be sent no later than January 20, 2003."
> 3. We request that subsection f. of section 3. Payment Terms be stricken > and replaced with the following: "Consultant shall provide monthly > summary invoices, and the final invoice should be sent no later than > January 20, 2003."
> 4. We request that subsection a. of section 5. Scope of Work be stricken > in its entirety and not replaced.
> 5. We request that section 6. Ownership of Project be stricken in its > entirety and not replaced. The nature of the university setting does not > allow for works for hire and limits on intellectual property where there > could, for example, be graduate students writing dissertations.
> 6. We request that section 7. Noninfringement Warranty be stricken in = > its > entirety and not replaced.
> 7. We request that section 1. Applicable Law of Appendix A be modified = > to > the following language: "The Agreement shall be governed by > applicable state law, and Consultant shall at all times comply with and > observe all federal, state, and local laws, ordinances, and regulations > which are in effect during the period of this Agreement and which in any > manner affect the work or its conduct."
> 8. We request that subsection 4.1 Termination without Cause of Appendix = > A > be modified to have a 30-day written notice of termination.
> 9. We request that our insurance limits be put in the contract as > sufficient insurance coverage in section 4.2 Termination for Cause of > Appendix A, since insufficient insurance coverage is grounds for > cancelling the agreement. Our standard insurance language is as follows: > "Consultant agrees to maintain, during the term of this agreement, > comprehensive general liability insurance with limits for bodily injury > and property damage combined in the amount of $100,000 per person, > $200,000 per occurrence, for the protection of the University against = > any > and all claims arising out of this agreement. Upon request, a = > certificate > of insurance shall be provided as evidence of compliance."
> 10. We request that the following sentence be added to subsection 4.3 > Payment Upon Termination: "In the event of termination, the > Consultant will be paid for all costs incurred, including non-cancelable > obligations."
> 11. We request that section 5. Notices of Appendix A be modified to have > Olivia Pope as the person who should be notified per this section. > Everything else remains the same except the e-mail address, which needs > to be changed to opope@mailer.fsu.edu.
> 12. We request that section 12. Non-Solicitation of Appendix A be > stricken in its entirety. It would unreasonable for a university to say > that it will not hire anybody from Indiana University.
> 13. We request that section 13. Non-Performance of Appendix A be either > stricken or modified to include language that assures us that a third > party would be reasonably selected and that damages would be mitigated. >
> 14. We request that section 18. Most Favored Customer of Appendix A be > stricken. It would be unduly burdensome for all university contracts to > be monitored in such a way.
> 15. We request that section 21. Indemnification of Appendix A be = > stricken > and replaced with the following text: "Each party hereto agrees = > that > it shall be solely responsible for the wrongful acts of its employees, > contractors and agents. However, nothing contained herein shall > constitute a waiver by either party of its sovereign immunity and the > limitations set forth in Section 768.28, Florida Statutes."
> 16. We request that my name, Russell Lentz, be removed from the Key > Person Clause in section 22 of Appendix A. While the Principle > Investigator is likely essential to the contract, I am not.

> Those are all of our requests at this time.

> Thanks,
> Russ

> At 02:11 PM 11/14/2002 -0500, you wrote:
>
size=3D2>Dr. > Lentz
> Please find attached a revised draft of = > the > Agreement between Indiana University and Florida State University. > Please let me know if you have any questions or concerns regarding the > agreement language.
>
> Thank you for your patience.
> LM
> Lorelei Meeker, C.P.M.
> Assistant Director
> Indiana University
> 400 East Seventh Street, Rm 416
> Bloomington, IN   = > 47405
> href=3D"mailto:lmeeker@indiana.edu">lmeeker@indiana.edu
> href=3D"http://www.indiana.edu/~purchase/" = > eudora=3D"autourl">http://www.indiana.edu/~purchase/
> 812.855.4382 (o)
> 812.855.7839 (f)
>
> CONFIDENTIALITY NOTICE: This E-Mail message and any > attachments are for the sole use of the intended recipient(s) and may > contain confidential and privileged information. Do not read, = > copy, > forward, or print this E-Mail message of any attachments unless you are > in the intended recipient. If you are not the intended recipient, > please immediately notify the sender by telephone and permanently delete > and destroy all copies and printouts of this E-Mail message and /or > attachments. Even if you are an intended recipient of this E-Mail, > the author requests that you not forward it to any other person without > prior consent."
>
>

>
> Russell Lentz, J.D.
> Coordinator of Research/Services
> Florida State University
> Sponsored Research Services
> 118 N. Woodward Ave.
> Tallahassee, FL 32306-4166
> (850) 644-8661 * Fax (850) 644-1464
>
> You may access several of our important = > documents > online at:
> href=3D"http://www.research.fsu.edu/contractsgrants/index.html">FSU > Sponsored Research Services
> href=3D"http://www.state.fl.us/audgen/pages/summaries/o_swffa.htm">Statew= > ide > Federal Awards Audit
> href=3D"http://www.research.fsu.edu/contractsgrants/forms/rateagreement.p= > df">F&A > Rate Agreement
>
>
Michele Locke
> Sr. Accountant
> School of Computational Science &
>         Informatio= > n > Technology
> Florida State University
> Tallahassee, FL 32306-4120
> phone: 850-644-2273
> fax:    850-644-1593

> Michele Locke
> Sr. Accountant
> School of Computational Science &
>         Informatio= > n > Technology
> Florida State University
> Tallahassee, FL 32306-4120
> phone: 850-644-2273
> fax: >    850-644-1593
uote> > > ------_=_NextPart_003_01C28CD5.E5231700-- > > ------_=_NextPart_001_01C28F37.B48A05BC > Content-Type: message/rfc822 > Content-Transfer-Encoding: 7bit > > X-MimeOLE: Produced By Microsoft Exchange V6.0.6249.0 > Received: from iu-mssg-smtp02.ads.iu.edu ([129.79.1.219]) by iu-mssg-mbx05.ads.iu.edu with Microsoft SMTPSVC(5.0.2195.5329); Fri , 15 Nov 2002 13:02:28 -0500 > MIME-Version: 1.0 > Content-Type: multipart/alternative; > boundary="----_=_NextPart_004_01C28CD1.28C75200" > Received: from round.uits.indiana.edu ([129.79.1.72]) by iu-mssg-smtp02.ads.iu.edu with Microsoft SMTPSVC(5.0.2195.5329); Fri, 1 5 Nov 2002 13:02:27 -0500 > Received: from mailer.fsu.edu (mailer.fsu.edu [128.186.6.122]) by round.uits.indiana.edu (8.12.1/8.12.1/IUPO) with ESMTP id gAFI 2Qd7018071 for ; Fri, 15 Nov 2002 13:02:26 -0500 (EST) > Received: from rlentz.mailer.fsu.edu (clara.res.fsu.edu [128.186.198.115]) by mailer.fsu.edu (8.11.6/8.11.1) with ESMTP id gAFI2 PT08341; Fri, 15 Nov 2002 13:02:25 -0500 (EST) > In-Reply-To: > Return-Path: > X-OriginalArrivalTime: 15 Nov 2002 18:02:28.0045 (UTC) FILETIME=[28CE2FD0:01C28CD1] > X-Sender: rlentz@mailer.fsu.edu > X-MailScanner: Found to be clean > Content-Class: urn:content-classes:message > Subject: Re: Florida State Agrmt 1002 > Date: Fri, 15 Nov 2002 13:02:22 -0500 > Message-ID: <5.1.1.5.2.20021115113504.02850ae8@mailer.fsu.edu> > X-MS-Has-Attach: > X-MS-TNEF-Correlator: > Thread-Topic: Florida State Agrmt 1002 > Thread-Index: AcKM0Sj9J5ouXsEpSTSkVXcBu0MBtQ== > X-Message-Flag: Follow up > X-Message-Completed: Mon, 18 Nov 2002 10:51:00 -0500 > From: "Russell Lentz" > To: "Meeker, Lorelei" > Cc: "Michele" > > This is a multi-part message in MIME format. > > ------_=_NextPart_004_01C28CD1.28C75200 > Content-Type: text/plain; > charset="iso-8859-1" > Content-Transfer-Encoding: quoted-printable > > Lorelei,=20 > > Thank you for the revised draft of the agreement. We have reviewed it = > and have several requests: > > 1. We request that we be identified as follows in the recital (per a = > change in Florida law last year): "Florida State University, for and on = > behalf of its Board of Trustees, and their successors and assigns." > 2. We request that subsection e. of section 3. Payment Terms be modified = > so that the second sentence reads as follows: "Final invoice should be = > sent no later than January 20, 2003." > 3. We request that subsection f. of section 3. Payment Terms be stricken = > and replaced with the following: "Consultant shall provide monthly = > summary invoices, and the final invoice should be sent no later than = > January 20, 2003." > 4. We request that subsection a. of section 5. Scope of Work be stricken = > in its entirety and not replaced.=20 > 5. We request that section 6. Ownership of Project be stricken in its = > entirety and not replaced. The nature of the university setting does not = > allow for works for hire and limits on intellectual property where there = > could, for example, be graduate students writing dissertations.=20 > 6. We request that section 7. Noninfringement Warranty be stricken in = > its entirety and not replaced. > 7. We request that section 1. Applicable Law of Appendix A be modified = > to the following language: "The Agreement shall be governed by = > applicable state law, and Consultant shall at all times comply with and = > observe all federal, state, and local laws, ordinances, and regulations = > which are in effect during the period of this Agreement and which in any = > manner affect the work or its conduct." > 8. We request that subsection 4.1 Termination without Cause of Appendix = > A be modified to have a 30-day written notice of termination.=20 > 9. We request that our insurance limits be put in the contract as = > sufficient insurance coverage in section 4.2 Termination for Cause of = > Appendix A, since insufficient insurance coverage is grounds for = > cancelling the agreement. Our standard insurance language is as follows: = > "Consultant agrees to maintain, during the term of this agreement, = > comprehensive general liability insurance with limits for bodily injury = > and property damage combined in the amount of $100,000 per person, = > $200,000 per occurrence, for the protection of the University against = > any and all claims arising out of this agreement. Upon request, a = > certificate of insurance shall be provided as evidence of compliance." > 10. We request that the following sentence be added to subsection 4.3 = > Payment Upon Termination: "In the event of termination, the Consultant = > will be paid for all costs incurred, including non-cancelable = > obligations." > 11. We request that section 5. Notices of Appendix A be modified to have = > Olivia Pope as the person who should be notified per this section. = > Everything else remains the same except the e-mail address, which needs = > to be changed to opope@mailer.fsu.edu.=20 > 12. We request that section 12. Non-Solicitation of Appendix A be = > stricken in its entirety. It would unreasonable for a university to say = > that it will not hire anybody from Indiana University.=20 > 13. We request that section 13. Non-Performance of Appendix A be either = > stricken or modified to include language that assures us that a third = > party would be reasonably selected and that damages would be mitigated.=20 > 14. We request that section 18. Most Favored Customer of Appendix A be = > stricken. It would be unduly burdensome for all university contracts to = > be monitored in such a way.=20 > 15. We request that section 21. Indemnification of Appendix A be = > stricken and replaced with the following text: "Each party hereto agrees = > that it shall be solely responsible for the wrongful acts of its = > employees, contractors and agents. However, nothing contained herein = > shall constitute a waiver by either party of its sovereign immunity and = > the limitations set forth in Section 768.28, Florida Statutes." > 16. We request that my name, Russell Lentz, be removed from the Key = > Person Clause in section 22 of Appendix A. While the Principle = > Investigator is likely essential to the contract, I am not.=20 > > Those are all of our requests at this time. > > Thanks, > Russ > > At 02:11 PM 11/14/2002 -0500, you wrote: > > > Dr. Lentz > Please find attached a revised draft of the Agreement between Indiana = > University and Florida State University. Please let me know if you have = > any questions or concerns regarding the agreement language. > =20 > Thank you for your patience. > LM > Lorelei Meeker, C.P.M. > Assistant Director > Indiana University > 400 East Seventh Street, Rm 416 > Bloomington, IN 47405 > lmeeker@indiana.edu > http://www.indiana.edu/~purchase/ > 812.855.4382 (o) > 812.855.7839 (f) > =20 > CONFIDENTIALITY NOTICE: This E-Mail message and any attachments are for = > the sole use of the intended recipient(s) and may contain confidential = > and privileged information. Do not read, copy, forward, or print this = > E-Mail message of any attachments unless you are in the intended = > recipient. If you are not the intended recipient, please immediately = > notify the sender by telephone and permanently delete and destroy all = > copies and printouts of this E-Mail message and /or attachments. Even = > if you are an intended recipient of this E-Mail, the author requests = > that you not forward it to any other person without prior consent." > =20 > =20 > > > > _____ =20 > > Russell Lentz, J.D.=20 > Coordinator of Research/Services > Florida State University=20 > Sponsored Research Services=20 > 118 N. Woodward Ave.=20 > Tallahassee, FL 32306-4166=20 > (850) 644-8661 * Fax (850) 644-1464=20 > > _____ =20 > > You may access several of our important documents online at:=20 > FSU Sponsored = > Research Services > Statewide = > Federal Awards Audit=20 > F = > &A Rate Agreement > > _____ =20 > > > > > ------_=_NextPart_004_01C28CD1.28C75200 > Content-Type: text/html; > charset="iso-8859-1" > Content-Transfer-Encoding: quoted-printable > > > > charset=3Diso-8859-1"> > Lorelei,

> Thank you for the revised draft of the agreement. We have reviewed it = > and > have several requests:

> 1. We request that we be identified as follows in the recital (per a > change in Florida law last year): "Florida State University, for = > and > on behalf of its Board of Trustees, and their successors and > assigns."
> 2. We request that subsection e. of section 3. Payment Terms be modified > so that the second sentence reads as follows: "Final invoice should > be sent no later than January 20, 2003."
> 3. We request that subsection f. of section 3. Payment Terms be stricken > and replaced with the following: "Consultant shall provide monthly > summary invoices, and the final invoice should be sent no later than > January 20, 2003."
> 4. We request that subsection a. of section 5. Scope of Work be stricken > in its entirety and not replaced.
> 5. We request that section 6. Ownership of Project be stricken in its > entirety and not replaced. The nature of the university setting does not > allow for works for hire and limits on intellectual property where there > could, for example, be graduate students writing dissertations.
> 6. We request that section 7. Noninfringement Warranty be stricken in = > its > entirety and not replaced.
> 7. We request that section 1. Applicable Law of Appendix A be modified = > to > the following language: "The Agreement shall be governed by > applicable state law, and Consultant shall at all times comply with and > observe all federal, state, and local laws, ordinances, and regulations > which are in effect during the period of this Agreement and which in any > manner affect the work or its conduct."
> 8. We request that subsection 4.1 Termination without Cause of Appendix = > A > be modified to have a 30-day written notice of termination.
> 9. We request that our insurance limits be put in the contract as > sufficient insurance coverage in section 4.2 Termination for Cause of > Appendix A, since insufficient insurance coverage is grounds for > cancelling the agreement. Our standard insurance language is as follows: > "Consultant agrees to maintain, during the term of this agreement, > comprehensive general liability insurance with limits for bodily injury > and property damage combined in the amount of $100,000 per person, > $200,000 per occurrence, for the protection of the University against = > any > and all claims arising out of this agreement. Upon request, a = > certificate > of insurance shall be provided as evidence of compliance."
> 10. We request that the following sentence be added to subsection 4.3 > Payment Upon Termination: "In the event of termination, the > Consultant will be paid for all costs incurred, including non-cancelable > obligations."
> 11. We request that section 5. Notices of Appendix A be modified to have > Olivia Pope as the person who should be notified per this section. > Everything else remains the same except the e-mail address, which needs > to be changed to opope@mailer.fsu.edu.
> 12. We request that section 12. Non-Solicitation of Appendix A be > stricken in its entirety. It would unreasonable for a university to say > that it will not hire anybody from Indiana University.
> 13. We request that section 13. Non-Performance of Appendix A be either > stricken or modified to include language that assures us that a third > party would be reasonably selected and that damages would be mitigated. >
> 14. We request that section 18. Most Favored Customer of Appendix A be > stricken. It would be unduly burdensome for all university contracts to > be monitored in such a way.
> 15. We request that section 21. Indemnification of Appendix A be = > stricken > and replaced with the following text: "Each party hereto agrees = > that > it shall be solely responsible for the wrongful acts of its employees, > contractors and agents. However, nothing contained herein shall > constitute a waiver by either party of its sovereign immunity and the > limitations set forth in Section 768.28, Florida Statutes."
> 16. We request that my name, Russell Lentz, be removed from the Key > Person Clause in section 22 of Appendix A. While the Principle > Investigator is likely essential to the contract, I am not.

> Those are all of our requests at this time.

> Thanks,
> Russ

> At 02:11 PM 11/14/2002 -0500, you wrote:
>
size=3D2>Dr. > Lentz
> Please find attached a revised draft of = > the > Agreement between Indiana University and Florida State University. > Please let me know if you have any questions or concerns regarding the > agreement language.
>
> Thank you for your patience.
> LM
> Lorelei Meeker, C.P.M.
> Assistant Director
> Indiana University
> 400 East Seventh Street, Rm 416
> Bloomington, IN   = > 47405
> href=3D"mailto:lmeeker@indiana.edu">lmeeker@indiana.edu
> href=3D"http://www.indiana.edu/~purchase/" = > eudora=3D"autourl">http://www.indiana.edu/~purchase/
> 812.855.4382 (o)
> 812.855.7839 (f)
>
> CONFIDENTIALITY NOTICE: This E-Mail message and any > attachments are for the sole use of the intended recipient(s) and may > contain confidential and privileged information. Do not read, = > copy, > forward, or print this E-Mail message of any attachments unless you are > in the intended recipient. If you are not the intended recipient, > please immediately notify the sender by telephone and permanently delete > and destroy all copies and printouts of this E-Mail message and /or > attachments. Even if you are an intended recipient of this E-Mail, > the author requests that you not forward it to any other person without > prior consent."
>
>
>
>
>
> Russell Lentz, J.D.
> Coordinator of Research/Services
> Florida State University
> Sponsored Research Services
> 118 N. Woodward Ave.
> Tallahassee, FL 32306-4166
> (850) 644-8661 * Fax (850) 644-1464
>
> You may access several of our important = > documents > online at:
> href=3D"http://www.research.fsu.edu/contractsgrants/index.html">FSU > Sponsored Research Services
> href=3D"http://www.state.fl.us/audgen/pages/summaries/o_swffa.htm">Statew= > ide > Federal Awards Audit
> href=3D"http://www.research.fsu.edu/contractsgrants/forms/rateagreement.p= > df">F&A > Rate Agreement
>
>

> > > ------_=_NextPart_004_01C28CD1.28C75200-- > > ------_=_NextPart_001_01C28F37.B48A05BC-- Geoffrey Fox gcf@indiana.edu FAX 8128567972 Phones Cell 315-254-6387 Home 8123239196 Lab 8128567977 CS 8128553788