The University of British Columbia

34. If the parties have a dispute concerning the application or interpretation of this Agreement, no party shall apply to the Copyright Board for the resolution of such dispute or commence legal proceedings relating to such dispute until after 30 days from the giving of notice specifying such dispute to the other party and to the Association of Universities and Colleges of Canada. Within 30 days after the giving of such notice each party shall enter into negotiations with the other party and the Association of Universities and Colleges of Canada to amicably resolve such dispute by agreement.

35. This Agreement may not be assigned by either party without the prior written consent of the other party. The Institution may sub-contract the rights granted to it pursuant to this Agreement to a third party, but only for purposes of making Copies authorized pursuant to clause 2 of this Agreement for the Institution and not for the purposes of offering for sale or distributing such Copies by the third party to any other person.

36. Any termination under this Agreement shall be without prejudice to Access Copyright's right to receive any payments for Copies that have not been paid for, including a pro rata payment in respect to the payment under clause 14(a).

37. In the event of such termination prior to the expiry of this Agreement, the Institution agrees to promptly circulate a memo to all Professors, Library Workers and administrative staff including the persons and bodies listed in Schedule B, to remove all posters with respect to the making or use of Copies under this Agreement with Access Copyright and to post a notice in all photocopying areas to advise users that this Agreement has terminated.

38. Subject to 38.1 to 38.3 of this Agreement, any notice required or permitted by the terms of this Agreement shall be in writing, and shall be well and sufficiently given if personally delivered, if transmitted by facsimile, if e-mailed or if sent by pre-paid registered mail:

 

(a) In the case of Access Copyright to:

Access Copyright
The Canadian Copyright Licensing Agency
1 Younge St., Suite 800
Toronto. ON M5E 1E5

Fax: (416) 868-1621
E-mail: post-sec@accesscopyright.ca
Attention: Executive Director

 

(b) In the case of the Institution to:

Office of the University Counsel
6328 Memorial Road
Vancouver, BC V6T 1Z2
Fax: (604) 822-1897
Attention: Mr. Hubert Lai
 

(c) In the case of the Association of Universities and Colleges of Canada in respect to any notice under clauses 22.2, 28, 29 and 34, to:

Association of Universities and Colleges of Canada
350 Albert Street, Suite 600
Ottawa, Ontario K1R 1B1
Fax: (613) 563-9745
E-mail: swills@aucc.ca
Attention: Manager, Legal Affairs

The parties to this Agreement shall by notice advise promptly of any changes to the notice recipient information set out in sub-sections (a) and (b) of this clause.

38.1 Any notice required or permitted under clauses 23, 25, 31, 32 and 34 of this Agreement shall be in writing, and shall be given by pre-paid registered mail.

2. Any notice required or permitted under clauses 28 and 29 of this Agreement shall be in writing, and shall be given by pre-paid registered mail to the Association of Universities and College of Canada and shall be given by personal delivery, facsimile transmission, e-mail or by pre-paid registered mail to the Institution.
3. Any notice required or permitted under clause 5 of this Agreement may be given electronically by e-mail to the address specified in clause 38 of this Agreement.
4. Notices shall be deemed to have been duly given when personally served upon the individual identified in clause 38 of this Agreement, and if sent by facsimile or by e-mail, to have been given on the second business day following the facsimile or e-mail transmission, and if mailed, to have been given on the fifth business day following the day on which it was registered in a post office.

39. This Agreement constitutes the entire agreement and understanding of the parties and the parties acknowledge that there are no other representations or other terms and conditions of any kind except as provided for in this Agreement. Further, the parties acknowledge that this Agreement supersedes any and all prior understandings or agreements regarding the subject matter of this Agreement, including the Earlier Agreement. No variation to, or assignment of, this Agreement is effective unless it is in writing and signed by the parties. A signature by facsimile shall be considered an original for the purposes of this Agreement.

40. This Agreement shall be governed and construed in accordance with the laws of the province of BC and the laws applicable therein and the parties hereby submit to the jurisdiction of the courts of the province of BC.

 

IN WITNESS WHEREOF the parties hereto have signed this Agreement as of the date first set forth above.

THE CANADIAN COPYRIGHT LICENSING AGENCY

By: Brian O'Donnell
Title: Director, Business Development
Date: December 18, 2003

 

THE INSTITUTION
By: Hubert Lai
Title: University Counsel
By: Terry Sumner
Title: Vice-President, Administration & Finance
Date: March 19, 2004

Back to Access Copyright