West Virginia Code § 25-5-17

Liability; indemnification
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A contractor which has been approved to operate a facility pursuant to this article shall
indemnify, defend and hold harmless the state, its officers, agents, and employees, and any
local government entity in the state having jurisdiction over the facility or ownership of the
facility from:
(1) Any claims or losses for services rendered by the contractor or person performing or
supplying services in connection with the performance of the contract;
(2) Any claims or losses to any person injured or damaged by theu willful or negligent acts of
the contractor, its officers or employees in the operation of a private prison or in the
performance of the contract;
(3) Any claims or losses resulting to any person injureda or damaged by the private
contractor, its officers or employees by the publication, translation, reproduction, delivery,
performance, use or disposition of any data processled under the contract in a manner not
authorized by the contract, or by federal or stsate regulations or statutes;
(4) Any failure of the contractor, its officeris or employees to adhere to West Virginia laws,
including, but not limited to, labor laws and minimum wage laws;
(5) Any Constitutional, federal, state or civil rights claim brought against the state related to
the prison facility;
(6) Any claims, losses, demands or causes of action arising out of the contractor's activities
in this state; and
(7) Any attorney's fees or court costs arising from any habeas corpus actions or other inmate
suits which may arise, including, but not limited to, attorney's fees for the state's
representation as well as for any court appointed representation of any inmate as well as the
costs of any special judge who may be appointed to hear such actions.

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