Section 6. Indemnification.
(a) By department.--The department is authorized to indemnify, defend, save and hold harmless the authority, its members, officers, agents, tenants, consultants, representatives, licensees, invitees and successors and assigns for damages, claims, liabilities, losses, costs and expenses by reason or arising out of:
(1) Any act or negligence or violation by the department
of any Federal, State or local law, statute, ordinance, rule
or regulation with respect to hazardous substances used,
located, spilled or disposed of on or at the airports or
other real property subject to the conveyance during the
department's ownership.
(2) Actions taken by the department prior to the date of
the conveyance pursuant to or in breach of any contract,
provided that the department does not waive the jurisdiction
of the Board of Claims as to certain matters or its rights to
sovereign immunity with regard to claims by third parties
against the department or the authority.
(b) By authority.--The authority shall indemnify, defend, save and hold harmless the department and its officials and employees for any damages, claims, liabilities, losses, costs and expenses by reason or arising out of:
(1) Any act or negligence or violation by the authority
of any Federal, state or local law, statute, ordinance, rule
or regulation or agreement with any environmental agency or
authority with respect to hazardous substances used, located,
spilled or disposed of on or at the airports or other real
property subject to the conveyance.
(2) Actions allegedly taken by the authority subsequent
to the conveyance pursuant to or in breach of any contract
provided that the authority does not waive its rights to
sovereign immunity with regard to claims by third parties
against the authority or the department.