Indemnification Clause Sample For Consultants
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FAQ
The Consultant shall be and remain liable in ance with applicable law for all damages to the Owner and the Owner's property caused by the improper acts, errors or omissions of the Consultant or by any Subconsultants in performing any Services.
An indemnification clause should clearly define the following elements: who are the indemnifying party and the indemnified party, what are the covered claims or losses, what are the obligations and duties of each party, and what are the exclusions or limitations of the indemnity.
Indemnification clauses are utilized to shift risk from one party to another. Commonly, the contractor is asked to assume the liability of the client for claims and expenses rising from the service provider's work undertaken for the client.
If the consultant is to be fully protected, it should not have any liability to third parties who claim directly when those claims would exceed the amount of the liability agreed with the client. This is achieved by the consultant obtaining an indemnity from the client against such claims.