Indemnification, or indemnity, designates one party (the indemnifying party) as being required to compensate the other party (the indemnified party) for certain costs and expenses, typically stemming from third-party damage claims.
Indemnity is the backbone of many surety bonds. In short, indemnity compels a party to compensate another party. Regarding a surety bond, this means that the obligee has the legal right to collect from the surety if the principal of the bond fails to uphold their end of the bond.
What Is an Indemnification Clause? An indemnification clause is a legally binding agreement between two parties specifying that one party (the indemnifying party) will compensate the other party (the indemnified party) for any losses or damages that may arise from a particular event or circumstance.
An indemnity clause provides protection to a specified party of the construction contract against damages and exempts them from liability caused by their own actions. In simple terms, this clause holds one party harmless for the losses of another.
A typical example is an insurance company wherein the insurer or indemnitor agrees to compensate the insured or indemnitee for any damages or losses he/she may incur during a period of time.
In its widest sense, "indemnity" means protection against, or compensation for, a loss or liability. Some indemnity claims arise by operation of law.
As per Section 124 of the Indian Contract Act of 1872, an Indemnity bond refers to an agreement between two persons or parties, where one person promises to make payment for the losses and damages of another person caused by his/her conduct or by another party.
Typical examples of indemnity insurance include professional insurance policies like malpractice insurance and errors and omissions insurance (E&O). These special insurance policies indemnify or reimburse professionals against claims made as they conduct their business.
How can a worker claim their indemnity? Expatriate workers in the private sector can apply to the SIO to claim their end-of-service benefits after their resignation or termination. SIO will make the payment within 10 working days from the date of the claim.
Example: Indemnify and Hold Harmless Clause The supplier agrees to indemnify and hold harmless the customer against all claims arising in respect of any injury, death, sickness or ill-health caused to or suffered by the customer and its personnel as a result of performance or non-performance of this Agreement.