What is wrong with limiting liability to losses arising from “sole” negligence?
Sometimes parties with whom the University wishes to do business require that the University agree to take responsibility for all liabilities and losses except for those that arise from their “sole negligence”. Again this is completely legal if the parties agree to it, but it is unacceptable to the University as it requires it to assume responsibility for losses for which the other party may be partially responsible, as well as losses caused by persons not a party to the contract. The following is an example of such an indemnification provision: University shall defend, indemnify and hold harmless PARTY A, its officers, agents, and employees, from and against any and all claims, damages, costs, expenses (including reasonable attorneys’ fees), losses, or liabilities, arising out of or in any way connected with this agreement including, without limitation, claims for loss or damage to any property, or for death or injury to any person or persons with the exception of those claims, damage
