Also an opt-out clause for schools in the 3 year deal.
7.6 A Member Institution’s performance of its
obligations under a multi-year License Agreement shall be subject to and
contingent upon the availability of funds provided, allocated, or allotted in
institutional budgets for the purpose of payment for the subscription periods
covered under the License Agreement. Any Member Institution may, at its sole
option, provide written notice to the Licensor and Licensee, no later than 60
days before the annual renewal date within a multi-year agreement, of the
inability to fulfill its obligations due to financial difficulties and the
intent to terminate its participation in the License Agreement for the balance
of the subscription period. The determination of whether funds are available
shall be made at the sole discretion of the applicable Member Institution, i.e.
the Member will not need to demonstrate financial exigency by disclosing its
financial statements. The termination of
participation by any Member Institution will not constitute a default or a
termination of participation of any other Member Institutions under the License
Agreement and shall not be grounds for any increase in fees payable by other
Members. Upon termination, a Member Institution has the ability to execute its
Perpetual Access rights.
ALUMNI access - not available