Non-Interference with Requirements of Law: What must a Participating Institution do if it determines that complying with a provision of the Agreement will cause it to be in violation of applicable law, regulation, or other federal or state requirements?

In this situation, the new Section 8.10 requires the Participating Institution to notify the other affected Participating Institutions and work with them to identify a mutually agreeable alternative approach to address the provision of the Agreement that is at issue. Such an approach might include identification of a different way to satisfy the Agreement provision (when possible) or a decision not to insist on the Participating Institution’s performance of the Agreement provision (if acceptable to the other affected Participating Institutions). (Note that under Section 8.6 of the Agreement, a decision not to insist on performance of an Agreement term does not constitute a waiver of the Agreement by the other affected Participating Institutions). If a mutually agreeable approach cannot be identified, Section 8.10 requires that the Research be withdrawn from Ceded Review with respect to the affected Participating Institutions.