1) 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. If you are not able to exclude the provision, please contact the Office of General Counsel.
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. If you have any questions, please contact the Office of General Counsel.
2) 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. If you are not able to exclude the provision, please contact the Office of General Counsel.
3) 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. If you are not able to exclude the provision, please contact the Office of General Counsel.