2007), the court stated: „Are the words `compensate` and `not be damaged? No. One is offensive and the other defensive – even though both are related to civil liability. „Compensation“ is an offensive right – a sword – that allows a victim of compensation to claim compensation. „Keeping it harmless“ is defensive: the right not to be harassed by the other party itself, who claims compensation. Nevertheless, the Tribunal concluded that the language of the concept of compensation „should not be interpreted in a manner that exculpation“. 1. Exemption – The Sponsor`s basic exemption, to which the Promoter has written the Protocol and includes liability for claims arising from the performance of our obligations and the use of the results of the study by the Sponsor. Compensation agreements can be useful for many reasons, but if not properly understood, they can have serious consequences for the person who signed. Make sure you understand your indemnification agreement before you sign. The exercise of multiparty compensation is a balancing act: g. The Sponsor must have been immediately informed in writing of any adverse reactions that occurred during the investigation, as well as any claim or legal action against the institution, the system, its regents, senior management, staff, representatives and members of the Institutional Review Board regarding the investigation. The Institution authorizes, at its discretion, the Promoter to settle all claims or action indemnified by the Promoter under this Agreement, with the agreement of the System and the institution whose authorization is not inappropriately denied, and, subject to the legal obligation of the Attorney General of Texas, it accepts full control of such defense by the Promoter . .
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