Indemnify and Hold Harmless

VCU is an instrumentality of the Commonwealth of Virginia.  By direction of the Attorney General of the Commonwealth, we are not allowed to indemnify or hold harmless any third party.  We have changed [insert reference] to reflect this limitation.

[The following paragraph may be useful to add to state the responsibility VCU takes for its own actions:]

To the extent permitted by the Virginia Tort Claims
Act, VCU shall be responsible for the negligent acts or omissions of its
officers, employees or agents arising out of its obligations under this
agreement.  Nothing contained herein shall constitute a waiver of the
sovereign immunity of  VCU or the Commonwealth of Virginia.

[An additional sentence referring to our insurance situation might be added, providing the following language:]

To the extent permitted by the Virginia Tort Claims
Act, or, where found liable, to the extent of insurance coverage, 
VCU shall be responsible for the negligent acts or omissions of its
officers, employees or agents arising out of its obligations under this
agreement.  Nothing contained herein shall constitute a waiver of the
sovereign immunity of  VCU or the Commonwealth of Virginia.  The 
Commonwealth, its agencies, institutions, and employees are covered 
by a self insured plan based on a comprehensive general liability 
manuscript form as authorized by the Code of Virginia, § 2.1-191.11.





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