State institutions. Each Participating Institution hereunder will be responsible (“Responsible Institution”) for any third-party claim, cause of action, liability, damage, cost or expense (including, without limitation, reasonable attorney’s fees and court costs related thereto) (“Claims”) incurred by the other Participating Institution hereunder (“Other Institution”), and any of its trustees, officers, faculty, IRB members, students, volunteers, and employees (“Other Institutional Representatives”) to the extent such Claims arise out of (i) any breach of the Agreement by such Responsible Institution, or (ii) the negligent acts and omissions made by such Responsible Institution, its IRB, as applicable, or any of its trustees, directors, officers, representatives, employees, or other agents in their performance of the Agreement, including without limitation, negligent use or disclosure of any information, except to the extent that such Claims result from the negligence or willful misconduct of the Other Institution and/or its Other Institutional Representatives. Responsible Institution shall be liable to the Other Institution and/or the Other Institutional Representatives for reimbursement for such Claims. If a Responsible Institution is an instrumentality of a state/federal government, and is limited in substance by the applicable law of the state or federal jurisdiction or Responsible Institution’s constitution, statutes, common law or regulations to agree to this section, then the Responsible Institution’s obligations to the Other Institution and/or the Other Institutional Representatives pursuant to this paragraph will be limited to that established under and allowed by the Responsible Institution’s State Tort Claims Act, constitution, statutes, common law or regulations. Notwithstanding any other terms or conditions of this Agreement, no state agency under the laws of its jurisdiction shall be deemed to waive any privileges or immunities that might be available to it under applicable law.
State institutions. Ten government institutions are directly involved in the legality matrices of this Agreement. In order to facilitate the issuing of legal compliance certificates to all operators meeting the indicators in the legality matrices and the LAS requirements, all institutions involved in this Agreement will provide information to the ICF Legality Verification Unit on compliance with the indicators under their responsibility. This obligation also applies to the various ICF bodies. The following is a presentation of each of the institutions involved in the legality matrices, broken down by the number of indicators and means of verification under their responsibility.
