Selection of Bond Counsel

As a prerequisite to designation as bond counsel, a law firm must either (a) certify that it is not now engaged in the representation of any party who is, or who has given notice of its intention to become, a party to any lawsuit in which the University, or a constituent institution of the University, or an officer of the University named in his or her official capacity is a party defendant, or (b) provide a list of instances in which the law firm does represent a party with an adverse interest to the University as described in (a) above. If a law firm does represent a party with an adverse interest, then the President will decide on a case by case basis whether or not to waive the conflict. For the duration of its service as bond counsel to the University, the law firm must agree that it will not represent a party with an adverse interest to the University as described above unless the University, through the President, agrees in writing to waive the conflict.