Indemnification, Insurance & Choice of Laws

Note: If you are not able to exclude any or all of the provisions below, or you have any questions, please contact the Office of General Counsel.

Indemnification

In general, ASU cannot indemnify or "hold harmless" the other party to a contract. Every effort should be made to delete such provisions from proposed contracts. There are limited exceptions to this general rule. Please note that a provision that says ASU "is responsible for" or "will reimburse the other contract party for" may be an indemnification clause. Also, a provision in which ASU "represents" or "warrants" something may be an indemnity clause.

ASU's/University's Insurance

With respect to insurance coverage, ASU is generally limited to the coverage provided through the Arizona State Self-Insurance Program and the Division of Risk Management. Contract provisions calling for ASU to carry specific types or amounts of insurance or requiring ASU to provide a Certificate of Insurance are often in conflict with ASU's coverage, and efforts should be made to delete such provisions. For information about insurance requirements for the party/ies contracting with ASU, refer to the Required Provisions.

Choice of Laws

Any provision that calls for the application of another state's laws or requires ASU to submit to the jurisdiction of another state's court must be deleted. For more information, refer to the Required Provisions.