As an agency of the State of Arkansas, Arkansas State University is prohibited from indemnifying another party. However, with respect to loss, expense, damage, liability, claims or demands either at law or in equity for actual or alleged injuries to persons or property arising out of any negligent act or omission by the University and its employees or agents in the performance of this Agreement, the University agrees with company that: (1) it will cooperate with Company in the defense of any action or claim brought against Company seeking the foregoing damages or relief; (2) it will in good faith cooperate with Company should Company present any claims of the foregoing nature against University to the Claims Commission of the State of Arkansas; (3) it will not take any action to frustrate or delay the prompt hearing or claims of the foregoing nature by the said Claims Commission and will make reasonable efforts to expedite said hearing; provided, however, the University reserves its right to assert in good faith all claims and defenses available to it in any proceedings in said Claims Commission or other appropriate forum. The obligations of this paragraph shall survive the expiration or termination of this agreement.

Arkansas State University is an agency of the State of Arkansas. The State of Arkansas and its agencies are protected from suit by sovereign immunity. Nothing in this contract is intended to nor shall it waive the sovereign immunity of Arkansas State University. Any provision of this contract which is in conflict with the laws of the State of Arkansas is null and void.