Common use of University Responsibility Clause in Contracts

University Responsibility. The University shall be responsible for damage or injury caused by the University’s officers and employees in the course of their employment to the extent that the University’s liability for such damage or injury has been determined by a court or otherwise agreed to by the University. The University shall pay for such damage or injury to the extent permitted by law and provided that funds are appropriated, allotted or otherwise properly made available for that purpose. In each instance in this Agreement (including, without limitation, any of the policies, practices, procedures, rules, regulations, and guidelines adopted or implemented by the Affiliate) where the University is obligated to assume responsibility or liability of any type or nature for damages or injuries, including, without limitation, any obligation to perform, be responsible for failure to perform, or pay monies, such obligation shall be subject to and limited by the provisions of this section E.2.a. The Affiliate acknowledges that this provision, in itself, shall not constitute or be interpreted to be any type of indemnification, defense, or hold harmless obligation of the University. The University’s obligations under this section E.2.a shall survive the expiration or earlier termination of this Agreement. University cannot indemnify or be responsible for others. As the University is not authorized to agree to indemnify, defend, hold harmless the Affiliate, or be responsible for the acts or omissions of any other persons or entities (except for the University’s officers and employees), the University may not agree to any such obligations. Notwithstanding anything to the contrary contained in this Agreement, in each instance in this Agreement (including, without limitation, any of the policies, practices, procedures, rules, regulations, and guidelines adopted or implemented by the Affiliate) where the University is or may be obligated to: (a) be responsible for the acts/omissions of other persons or entities (except the University’s officers and employees) or (b) indemnify, defend, or hold harmless the Affiliate or any other persons or entities, such obligations shall be deemed null and void and such contrary responsibility, indemnity, defense, and/or hold harmless obligations shall be deemed to be superseded by this provision, and of no force or effect.