[§304A-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]