Contract - Indiana Housing and Community Development Authority - DCI

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22. Governin2 Laws. This Contract shall be governed, construed, and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in courts located in Marion County, Indiana. 23. HIPAA Compliance. If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information. 24. Indemnification. The Contractor agrees to indemnify, defend, and hold harmless IHCDA, its agents, officials, and employees from all claims and suits including court costs, attorney's fees, and other expenses any act or omission of the Contractor and/or its subcontractors, if any, in the performance of this Contract. IHCDA shall not provide such indemnification to the Contractor. 25. Independent Contractor; Workers' Compensation Insurance. The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership, or joint venture agreement between the parties. Except as provided in Section 24 above, neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees, or subcontractors of the other party. The Contractor shall provide all necessary unemployment and workers' compensation insurance for the Contractor's employees and shall provide IHCDA with a Certificate of Insurance evidencing such coverage prior to starting work under this Contract, upon request. 26. Information Technology Enterprise Architecture Requirement. Intentionally omitted. 27. Insurance. A. The Contractor and their subcontractors (if any) shall secure and keep in force during the Term of this Contract, the following insurance coverages (if applicable) covering the Contractor for any and all claims of any nature which may in any manner arise out of or result from Contractor's performance under this Contract: 1. Commercial general liability, including contractual coverage, and products or completed operations coverage (if applicable), with minimum liability limits not less than $700,000 per occurrence and $2,000,000 in the aggregate unless additional coverage is required by the IHCDA. The IHCDA is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly under or in connection with this Contract. 2. Automobile Liability. Deleted; not applicable. {00024811-1} Page 9 of 39