Docusign Envelope ID: 77FA13D4-9B94-40B4-9FA4-40D42B04446D
any other contract between the parties or their respective affiliates.)
16. Independent Contractor Status. The relationship of the parties is that of independent contractor and no tenancy, partnership, joint venture, agency, fiduciary or other relationship is created. Neither party may order any goods nor services, incur any indebtedness, or enter into any obligation or commitment on the other party's behalf.
17. Indemnification.
17.1 Follett shall defend, indemnify and hold harmless University, its Board of Regents, affiliates, officers and employees from any and all claims, suits, actions; damages, judgments, and costs (including reasonable attorney fees), arising out of any: (i) damage, destruction or loss of any property (including but not limited to University's property); or (ii) injury to or death of any person (including but not limited to any employee of University); which results from or arises out of negligent or willful acts or omissions of Follett, its officers, agents and employees, in the performance of this Agreement.
17.2 To the extent permitted by applicable law, University shall defend, indemnify and hold harmless Follett, its affiliates, directors, officers and employees from any and all claims, suits, actions, damages, judgments, and costs (including reasonable attorney fees) arising out of any: (i) damage, destruction or loss of any property (including but not limited to Follett's property); or (ii) injury to or death of any person (including but not limited to any employee of Follett); which results from or arises out of negligent or willful acts or omissions of University, its officers, agents or employees, in the performance of this Agreement.
18. Nonassignability. Neither party may assign or sublet this Agreement in whole or in part without the prior written consent of the other party, except that either party may assign this Agreement in its entirety to an affiliate that controls, is controlled by or is under common control with such party. This Agreement is made for the exclusive benefit of the parties, and no benefit to any third party is intended.
19. Severability. If any provision of this Agreement is finally adjudicated illegal, invalid, in excess of the authority of either party hereto, or otherwise unenforceable, then such provision shall be severed, and the remainder of this Agreement shall remain in force as if such adjudicated provision were never included in this Agreement.
20. Governing Law. Follett shall conform to and observe all laws, ordinances, rules and regulations of the United States of America, Commonwealth of Kentucky and all other local governments, public authorities, boards or offices relating to the property or the improvements upon same (or the use thereof) and will not permit the same to be used for any illegal or immoral purposes, business or occupation. This Agreement shall be governed by Kentucky law and any claim relating to this Agreement shall only be brought in the Franklin Circuit Court in accordance with KRS 45A-245.
21. Kentucky's Personal Information Security and Breach Investigation Procedures and Practices Act. To the extent Follett receives Personal Information as defined by and in accordance with Kentucky's Personal Information Security and Breach Investigation Procedures and Practices Act, KRS 61.931, 61.932 and 61.933 (the "Act"), Follett shall secure and protect the Personal Information by, without limitation: (i) complying with all requirements applicable to