[§304A-110]  Indemnification.  (a) Notwithstanding any other law to the contrary, the board of regents may agreein writing to an indemnity provision by which the university agrees toindemnify, defend, and hold harmless any person, corporation, or entity thatsponsors research at the university when all of the following conditions aresatisfied:

(1)  The person, corporation, or entity requires anindemnity in writing as a condition for providing a grant, benefit, service, orinterest 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'sdesignee, approves the proposed indemnification; and

(3)  The chief financial officer, pursuant to section304A‑108, has obtained an insurance policy or policies in an amountsufficient to cover the liability of the university that may be reasonablyanticipated to arise under the indemnity provision or has determined that it isnot in the best interest of the university to obtain insurance.

(b)  Nothing in this section shall be construedto expand the scope of liability of the university beyond that set forth inchapters 661 and 662.

(c)  Nothing in this section shall be construedto waive the immunity of the university from suit in federal courts guaranteedby the Eleventh Amendment to the United States Constitution.  An indemnityprovision not in strict compliance with this section shall not give rise to aclaim against the university under this chapter or chapter 661 or otherwisewaive the university's sovereign immunity. [L 2006, c 75, pt of §2]