Alternative language in multi-year agreement to reserve future rights (Elizabeth Lorbeer) Ann Ercelawn 29 Jul 2004 20:00 UTC

Subject: Alternative language in multi-year agreement to reserve
future rights
From: Elizabeth_R_Lorbeer@rush.edu
Date: Thu, 29 Jul 2004 14:35:43 -0500

Please exclude the cross posting, but I only had one response from
LibLicense, so I thought I'd try my question on SERIALST, ERIL and
ACQNET

Dear LibLicense-L:

Has anyone inserted language into their multi-year licensing
agreement where if the business or publishing model changes at the
publisher's end, the Library can renegotiate or nullify the
existing terms of the contract?
My question originates from a "what if."  Pricing models are
dynamic, and even though signing a multi-year agreement provides
stability, I can't help to wonder what if the publisher changes to
a new attractive model.  I'd
want to reserve my Library's right to renegotiate the terms of the
agreement.  Also, for consideration, if law is passed regarding
open access to publicly funded research.  Is there language to
protect the Library's obligation to maintain a subscription for the
duration of the contract?

Thanks for your assistance and advice.

Elizabeth Lorbeer; EdM, MLS
Collection Development Mgr.
Library of Rush University
Rush University Medical Center
Armour Academic Facility, 5th Floor
600 South Paulina Street
Chicago, IL 60612-3832
Phone: (312) 942-2282
Fax: (312) 942-3143
Email: Elizabeth_R_Lorbeer@rush.edu

July 27, 2004