Section 7.8: Indemnification Clause

Below is the indemnification clause that should be used in a contract with IPFW if such a clause is required. "Other Party" agrees to indemnify and hold harmless IPFW, its affiliates, officers, employees, and representatives from and against any losses, costs, damages, and expenses resulting from claims for bodily injury or property damage arising out of joint efforts through the term of this agreement unless such bodily injury, property damage, or personal injury is determined to be the result of the negligence of IPFW, their affiliates, officers, employees, or representatives.

IPFW agrees to indemnify and hold harmless "Other Party", its affiliates, officers, employees, and representatives from and against any losses, costs, damages, and expenses resulting from claims for bodily injury or property damage arising out of joint efforts through the term of this agreement unless such bodily injury, property damage, or personal injury is determined to be the result of the negligence of "Other Party", their affiliates, officers, employees, or representatives.

IPFW’s obligation to hold "Other Party", their affiliates, officers, employees, or representatives harmless shall be limited in substance by statutes and constitutional provisions designed to protect the exposure and liability of the University as an instrumentality of the State of Indiana (e.g., actions and conditions as to which the University is immunized by the Indiana Tort Claims Act, dollar limits stated in such Act, exemption from punitive damages, the continued ability to defeat a claim by reason of contributory negligence or fault of claimant), so that its liability to indemnify, defend and hold harmless shall not exceed what might have been its liability to a claimant if sued directly by the claimant in Indiana and all appropriate defenses had been raised by the University.

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Revised: NOvember 14, 2006
URL: http://www.comptroller.ipfw.edu/idem.html