Common use of INDEMNIFICATION AND HOLD HARMLESS OBLIGATION Clause in Contracts

INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS for a claim of, or liability for, the independent negligence of DHSS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. The Provider acknowledges that state and federal laws relating to information privacy and security, protection against discriminatory practices, and other provisions included in this Agreement may be evolving and that further amendment to this Agreement may be necessary to insure compliance with applicable law. Upon receipt of notification from DHSS that change in law affecting this Agreement has occurred, the Provider will promptly agree to enter into negotiations with DHSS to amend this Agreement to ensure compliance with those changes.

INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS DFCS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS DFCS for a claim of, or liability for, the independent negligence of DHSSDFCS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSSDFCS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSSDFCS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSSDFCS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT The Provider acknowledges that state and federal laws relating to information privacy and security, protection against discriminatory practices, and other provisions included in this Agreement may be evolving and that further amendment to this Agreement may be necessary to insure compliance with applicable law. Upon receipt of notification from DHSS DFCS that change in law affecting this Agreement has occurred, the Provider will promptly agree to enter into negotiations with DHSS DFCS to amend this Agreement to ensure compliance with those changes.

INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS DFCS from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS DFCS for a claim of, or liability for, the independent negligence of DHSSDFCS. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSSDFCS, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSSDFCS,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSSDFCS’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT The Provider acknowledges that state and federal laws relating to information privacy and security, protection against discriminatory practices, and other provisions included in this Agreement agreement may be evolving and that further amendment to this Agreement may be necessary to insure compliance with applicable law. Upon receipt of notification from DHSS DFCS that change in law affecting this Agreement has occurred, the Provider will promptly agree to enter into negotiations with DHSS DFCS to amend this Agreement to ensure compliance with those changes.

INDEMNIFICATION AND HOLD HARMLESS OBLIGATION. The Provider shall indemnify, hold harmless, and defend DHSS DOH from and against any claim of, or liability for error, omission, or negligent or intentional act of the Provider under this Agreement. The Provider shall not be required to indemnify DHSS DOH for a claim of, or liability for, the independent negligence of DHSSDOH. If there is a claim of, or liability for, the joint negligent error or omission of the Provider and the independent negligence of DHSSDOH, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. “Provider” and “DHSSDOH,” as used within this section and Section IX (B), include the employees, agents, or Providers who are directly responsible, respectively, to each. The term “independent negligence” is negligence other than in DHSSDOH’s selection, administration, monitoring, or controlling of the Provider and in approving or accepting the Provider’s work. XV AMENDMENT The Provider acknowledges that state and federal laws relating to information privacy and security, protection against discriminatory practices, and other provisions included in this Agreement may be evolving evolving, and that further amendment to this Agreement may be necessary to insure ensure compliance with applicable law. Upon receipt of notification from DHSS DOH that change in law affecting this Agreement has occurred, the Provider will promptly agree to enter into negotiations with DHSS DOH to amend this Agreement to ensure compliance with those changes.