Indemnification/Governmental Immunity

1) Indemnification.  In general, WSU does not indemnify or hold harmless the other party to a contract or defend the other party in case of third party actions. Every effort should be made to delete such provisions from proposed contracts.  If you are not able to negotiate the exclusion of such a provision, please contact University Legal Counsel.

 

Please note that a provision that says WSU "is responsible for" or "will reimburse the other contract party for" may be an indemnification clause. Also, a provision in which WSU "represents" or "warrants" something may be an indemnity clause. If you have any questions, please contact University Legal Counsel.

 

2) Governmental Immunity.  WSU’s governmental immunity clause must be included in all contracts. That clause reads as follows:

 

"Weber State University advises that it is an institution of higher education in the State of Utah and is bound by the provisions of the Utah Governmental Immunity Act (Title 63G, Chapter 7, Utah Code Annotated, 1953, as amended) and does not waive any procedural or substantive defense or benefit provided or to be provided by the Governmental Immunity Act or comparable legislative enactment, including without limitation, the provisions of Section 63G-7-604 regarding limitation of judgments. Any indemnity and insurance obligations incurred by Weber State University under this contract are expressly limited to the amounts identified in the Act."