Contract Training

Limitations of Liability and Indemnification Provisions Scenario

Which of the following provisions would NOT be acceptable in a University contract?

1. “Both parties agree to be responsible for the acts of their employees in the performance of this agreement.”
2. “Hercules Construction agrees to indemnify the University for any injuries or property damage arising from the performance of this agreement.”
3. “The University agrees that, in case of faulty performance of the product, the University’s sole recourse is cancellation of this agreement and the return of any fees paid to date.”

 

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