Re: License problem with American Geophysical Union

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

Obviously common law can vary from state to state (that is also why I
indicated many AG's would opine . . . not all) -- but many states hold
that the execution of a contract with a clause contrary to state law is an
ultra vires act e.g. state of Washington.

----- Original Message -----
From: "Kent Mulliner" <mulliner@ohio.edu>
To: <liblicense-l@lists.yale.edu>
Sent: Wednesday, September 10, 2003 6:38 PM
Subject: RE: License problem with American Geophysical Union

> I think a contracting party (e.g., AGU) can expect that a person
> designated to sign contracts for an institution is acting on behalf of the
> institution.  Of course, such a designated signer cannot obligate the
> institution to violate the laws of the state.
>
> But to get to Rick's question, we solved the AGU license problem by
> inserting, "to the extent permitted by the laws of the State of Ohio,"
> into several clauses in the contract, which in my non-lawyerly opinion
> (supported by university legal counsel) makes the clauses meaningless
> since they do violate what is permitted by Ohio law.  It was my impression
> that the AGU recognized this as well.  That was how I spent my summer, but
> we received the fully signed contract a few days ago.
>
> K. Mulliner       Collection Development Coordinator
> mulliner@ohio.edu