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Indemnification

The University of Western Australia does not wish to give indemnities unless:

(a)  they are covered by the University's insurance arrangements; or
(b)  the risk of breach is inconsequential; and
(c)  UWA can ensure it complies.

An effort should be made to eliminate or delete any proposed indemnification to be given by The University of Western Australia to protect the other parties. If that cannot be accomplished, indemnities will be negotiated to be as narrow as possible i.e. the indemnity should cover as few situations possible and should be checked with the risk management officer in the Health and Safety Section of Human Resources Unit of the Vice Principal's Office or with the University Solicitor or the Intellectual Property Solicitor or other legal member of the Legal Services Office in the Registrar's Office.

Pitfalls

Unforeseen liability for accidents, personal injury and property damage arising under an inappropriate or overly broad indemnification, or the inability to pursue the person at fault because the University has given a release, can be very costly, time consuming and potentially embarrassing.
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