Alternate Indemnification Clauses
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ACCEPTABLE ALTERNATIVES: We recommend use of one of the following clauses:
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To the extent permitted by law (including the Iowa Tort Claims Act, Iowa Code Chapter 669), each Party shall indemnify and hold the other harmless from and against liabilities, losses, damages, claims, or causes of action, and any connected expenses that are caused, directly or indirectly, by or as a result of the negligent performance by each other (or by their agents or employees) of this Agreement, except that nothing herein shall be construed to require either Party to indemnify the other Party from that Party's negligence.
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| To the extent permitted by law (including the Iowa Tort Claims Act, Iowa Code Chapter 669), IOWA STATE UNIVERSITY shall be responsible for its own negligence and that of its officers, employees and agents. | |
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Each party to this Agreement agrees to be responsible for the liabilities arising out of their own conduct and the conduct of their officers, employees and agents.
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NOT ACCEPTABLE: A clause which makes the University responsible for the other party's wrongful conduct is unconstitutional in Iowa. An example:
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| IOWA STATE UNIVERSITY shall defend, indemnify and hold [OTHER PARTY] harmless from and against any and all liabilities, losses, damages, claims, or causes of action, and any connected expenses (including reasonable attorneys' fees) that are caused, directly or indirectly, by or as a result of the negligent performance by [OTHER PARTY] or IOWA STATE UNIVERSITY (or by their agents, employees and students) of this AGREEMENT. | |