5. Exemption – A standard indemnity, with the exception that the promoter limits its liability to claims of aggression or death and imposes several conditions on its obligation to compensate: (1) properly carry out the study, (2) notification and (3) right to control of the defense. The allowance also gives the university the right to choose its own lawyer. 13.5 This exemption applies to all covered damages or liabilities that occur after the date of this Agreement and will survive the expiration or prior termination of the Agreement until the expiration of the limitation period for personal injury in the State of Texas. In Webb v. Lawson-Avila Construction, Inc., 911 S.W.2d 457 (Tex. App. However, in 1995, the Tribunal used Crown`s logic to include compensation for gross negligence. In Webb, Lawson-Avila contracted Palmer Steel to supply raw materials for the construction of a high school.
During the construction of the school, a crane that lifted steel beams overturned and released its load, causing injury and death. The family of the wounded and the survivors of the deceased filed a lawsuit against Lawson-Avila. A jury found Lawson-Avila grossly negligent and awarded the plaintiffs real and punitive damages. 11. Indemnification – Two standard clauses: 1) clinical trial agreements for the use of „label off“ (use of drugs that have not been approved by the FDA); 2) with regard to use in „On-Label“ (FDA approved use of drug) clinical study agreements. To be sure, a Texas court stated during the review of gross negligence compensation that if the representation of the parties to the compensation and the sponsor by the same attorney was a conflict of interest for that attorney, the parties to the compensation may choose an independent attorney without relieving the sponsor of its aforementioned indemnification and defense obligations. [13.1: This paragraph adds obligations for the declaration and defence of claims and cooperation. It may be added to any compensation at the request of the sponsor or at the discretion of the component.] 10.
Indemnification – This is a detailed and highly negotiated compensation that contains conditions that should only be accepted if the proponent expressly requires it. These conditions should be seen as examples of what is acceptable; However, every effort should be made to limit the number of conditions imposed. c. that, to the extent permitted by this Agreement, the Promoter has the right to select a defense attorney and to direct the defense or settlement of any such claim or action. In Crown Central Petroleum Corporation v. Jennings, 727 S.W.2d 739 (Tex. App. 1987), the General Court quietly found that a provision of an exemption agreement excluding from the scope of compensation negligence for compensation also excludes gross negligence of that provision If an agreement provides for an appropriate termination of an exemption provision should not matter if the free party is actually aware of the provision. . . .