Indemnification
HRS §304A-110
in effect304A-110. Indemnification
(a) Notwithstanding any other law to the contrary, the board of regents may agree in writing to an indemnity provision by which the university agrees to indemnify, defend, and hold harmless any person, corporation, or entity that sponsors research at the university when all of the following conditions are satisfied:
(1) The person, corporation, or entity requires an
indemnity in writing as a condition for providing a grant, benefit, service, or
interest in or right to use property;
(2) The president, or the president's designee,
following a favorable review by the university general counsel or the counsel's
designee, approves the proposed indemnification; and
(3) The chief financial officer, pursuant to section
304A‑108, has obtained an insurance policy or policies in an amount sufficient
to cover the liability of the university that may be reasonably anticipated to
arise under the indemnity provision or has determined that it is not in the
best interest of the university to obtain insurance.
(b) Nothing in this section shall be construed
to expand the scope of liability of the university beyond that set forth in
chapters 661 and 662.
(c) Nothing in this section shall be construed
to waive the immunity of the university from suit in federal courts guaranteed
by the Eleventh Amendment to the United States Constitution. An indemnity
provision not in strict compliance with this section shall not give rise to a
claim against the university under this chapter or chapter 661 or otherwise
waive the university's sovereign immunity.
[L 2006, c 75, pt of §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0304A/HRS_0304A-0110.htmFetched: 11/10/2026