D2L

Legal Note:

NERCOMP negotiates the best prices and terms possible for its members and works with outside legal counsel to facilitate the arrangements between NERCOMP and the vendors. Any license or agreement accessed or entered into as a benefit of a Consortium Member’s NERCOMP membership is contingent on that institution remaining an active NERCOMP member for the full term of the license or agreement.  For example, if a license agreement lasts for a 3 year term, then the Consortium Member must renew its annual NERCOMP membership at least twice to remain an active Consortium Member for the full 3 year term. Failure of a Consortium Member to timely renew its NERCOMP membership status during the term of the license or agreement may result in either a) termination of the license or agreement or b) loss of the discount pricing available exclusively to NERCOMP Consortium members.

Outside counsel conducts an initial legal review of licenses and agreements on behalf of NERCOMP but does not provide an individualized review on behalf of any particular member institution. Each member institution signs its contracts with vendors individually and the institution itself is liable for the rights and obligations therein. Members are strongly encouraged to have their contracts reviewed internally by their own counsel.

NERCOMP also negotiates separate agreements with individual vendors governing NERCOMP’s own relationship with the vendor. Although NERCOMP members are not parties to these agreements, NERCOMP will make copies of available to any member for review, upon request.