THE BERNARD OSHER FOUNDATION
INDEMNIFICATION CLAUSE 7/25/06

Approved the University modifications by Foundation 6/10/03:

"University of California [campus] agrees to indemnify and hold the Bernard Osher Foundation harmless form any and all damages, liability, suits, claims, liens, taxes or demands whatsoever arising out of the grantee's use or distribution of the funds received from the Foundation including but not limited to any and all damages for personal injury, death or property damage and grantee further agrees to defend the Foundation from any loss or expense resulting therefrom including the Foundation's costs and expenses of litigation or arbitration including reasonable attorneys' fees, but only in proportion to and to the extent such liability, suits, claims, liens, or demands, claims for injury or damages, or any loss or expense resulting therefrom (including reasonable attorneys' fees) are caused by or result from the negligent or intentional acts or omissions of The Regents of the University of California, its officers, agents or employees."


Revised by Foundation 2/22/05, replacing above clause:

To the extent permitted by applicable law, University of California [campus] agrees to indemnify and hold the Bernard Osher Foundation harmless form any and all damages, liability, suits, claims, liens, taxes or demands whatsoever arising out of the grantee's use or distribution of the funds received from the Foundation including but not limited to any and all damages for personal injury, death or property damage and grantee further agrees to defend the Foundation from any loss or expense resulting therefrom including the Foundation's costs and expenses of litigation or arbitration including attorneys' fees.