Kansas Indemnification Agreements

Indemnification agreements can be an important incentive for a party to enter into a contract. In Kansas, several contexts exist in which these agreements are clearly addressed by law as they pertain to state institutions, employees and school authorities.

  1. Basic Identification

    • An indemnification agreement or contract -- indemnification may also be part of a contract -- is basically a vehicle for protection from liability. It allows one party to a contract to escape being held accountable for any damages that emerge as a result of the activities related to the contract's fulfillment. The other party(s) then take the full mantle of that responsibility.

    Education

    • Kansas state law mandates that all liability with regard to local education district or board actions are assumed by that individual board or district. These organizations are outlawed from forming indemnity agreements with any entity that disqualifies them from being responsible for damages. If they do so, they are in clear violation of the law, and the contents of the contract itself -- at least the portion relating to indemnity -- are null.

    State Workers

    • Kansas protects all state workers who become part of its retirement fund from civil liability. They are thus indemnified from any consequences resulting from the state's conduct or misconduct and their retirement funds cannot be penalized. This may, in most cases, include "investment managers and research firms" as well.

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