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Dear Colleagues,

our university is involved in a DARPA application as subawardee. The question about indemnification came up as the research results might have the potential of dual use. Do you know how the indemnification for liability resulting from use of research results is? Which regulation would apply in this case?

Thanks a lot for your help.

Best regards,

Agatha

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Agatha Keller
Co-Director EU GrantsAccess
ETH Zurich | University of Zurich
Zurich
414-463-45350
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When we are a subcontractor on a federal award we do not indemnify against the liability arising from research results. To the contrary we expressly disclaim such liability on the grounds that our research is a scientific undertaking.  Furthermore, if the contractor is planning on commercializing our research results we seek indemnities from them. 

The indemnity issue sounds like a contractor’s attempt to negotiate a favorable term, not a government regulation.  Did they refer to a FAR or DFAR clause?

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Jeffrey Newman
Director, Contract & Research Administration
Vanderbilt University
Nashville, TN
615-322-2476