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MSUE Administrative Handbook: Human Resources
  
SUBJECT: HOLD HARMLESS STATEMENTS
 
POLICY: MSUE staff members are prohibited from agreeing to a hold harmless arrangement.
 
APPLIES TO: All MSUE staff members.
 
PROVISIONS/RESTRICTIONS:
 
  1. See Contracts Obligating MSU-Signatures.

  2. Hold harmless statements shift the liability in resulting from negligence from one party to another/others.

  3. Similar "hold harmless" phrases to be aware of are "indemnify" and "added insured."

  4. Hold harmless clauses and the other phrases are often found in contracts, rental agreements and other like documents.

  5. Negligence involves malfeasance (doing something wrong, misconduct), misfeasance (doing what should be done, but doing it wrong, mistake/error), and nonfeasance (not doing something which should be done).
 
PROCEDURES:
 
  1. Any agreement obligating MSU, including those with hold harmless conditions, must be referred to MSU for consideration/signature.

  2. Questions can be directed to the MSU Office of Risk Management/ Insurance or the MSUE Human Resources Office.
 
DATE:    April 2009