Applicability of this Section. The provisions of this Section 13.4 shall govern all Defenses against Claims, Indemnities against Losses or Expenses, and claims to entitlement to Defense or Indemnity. Indemnity. (i) The Georgia Tort Claims Act will be the exclusive remedy for any loss or liability within its terms. Upon demand, however, Contractor will promptly reimburse the following for any payments made by them, that are covered by Contractor’s obligation to indemnify: the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, the State Employees Broad Form Liability Fund, the State Insurance and Hazard Reserve Fund, and other self-insured funds established and maintained by the Georgia Department of Administrative Services Risk Management Dvision or its duly authorized successors. (ii) Contractor acknowledges and agrees that the Attorney General of Georgia represents and defends the State, and his prerogative is not waived by this Agreement. Any settlement of litigation on behalf of the State must be expressly approved by the Attorney General. Contractor may retain, but is not obligated to retain, counsel to assist with the defense of the State.
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Applicability of this Section. The provisions of this Section 13.4 shall govern all Defenses against Claims, Indemnities against Losses or Expenses, and claims to entitlement to Defense or Indemnity. Indemnity.
(i) The Georgia Tort Claims Act will be the exclusive remedy for any loss or liability within its terms. Upon demand, however, Contractor will promptly reimburse the following for any payments made by them, that are covered by Contractor’s obligation to indemnify: the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, the State Employees Broad Form Liability Fund, the State Insurance and Hazard Reserve Fund, and other self-insured funds established and maintained by the Georgia Department of Administrative Services Risk Management Dvision or its duly authorized successors.
(ii) Contractor acknowledges and agrees that the Attorney General of Georgia represents and defends the State, and his prerogative is not waived by this Agreement. Any settlement of litigation on behalf of the State must be expressly approved by the Attorney General. Contractor may retain, but is not obligated to retain, counsel to assist with the defense of the State.
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