Alaska Putting It All Together - Indemnification Provisions

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Multi-State
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US-ND1015
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This form brings together several boilerplate contract clauses that work together to outline the procedures, restrictions, exclusivity and other aspects of an indemnity provided for under the terms of the contract agreement. Both short and detailed examples are provided to suit individual needs and circumstances.

Alaska Putting It All Together — Indemnification Provisions refer to the necessary clauses included in legal agreements or contracts that aim to protect parties involved from potential losses, damages, or liabilities. These provisions outline the responsibilities and obligations of each party in terms of indemnification and provide a framework for addressing potential disputes that may arise during the course of the agreement. In Alaska, there are two common types of indemnification provisions that can be utilized in contracts or agreements: 1. Broad Form Indemnity: This type of indemnification provision places extensive responsibilities on one party, usually the "indemnity," to protect the other party, known as the "indemnity," from any loss, damages, or liabilities, regardless of fault or negligence. The broad nature of this provision makes the indemnity accountable for any claims, demands, or lawsuits that may arise during the fulfillment of the agreement. It is essential to carefully scrutinize and negotiate the terms of broad form indemnity clauses to ensure a fair distribution of risk between the parties involved. 2. Limited Form Indemnity: In contrast to broad form indemnity, limited form indemnification provisions restrict the liability of the indemnity by specifying certain conditions or limitations under which they will assume responsibility. These conditions may include the indemnity's liability being limited to a specific dollar amount, only covering damages caused by their own negligence or willful misconduct, or excluding certain types of damages altogether. Limited form indemnity provisions provide a more balanced sharing of risk between the parties and can be particularly useful when negotiating contracts with significant potential risks or uncertainties. When drafting or interpreting Alaska Putting It All Together — Indemnification Provisions, it is crucial to consider the specific context and nature of the agreement, as well as the potential risks and liabilities involved. Consulting with legal professionals familiar with Alaska laws and regulations can ensure that indemnification clauses appropriately protect the rights and interests of all parties involved. By including comprehensive and carefully worded indemnification provisions, parties can mitigate potential disputes and uncertainties, thus fostering a more secure and transparent business environment in Alaska.

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FAQ

Indemnifications, or ?hold harmless? provisions, shift risks or potential costs from one party to another. One party to the contract promises to defend and pay costs and expenses of the other if specific circumstances arise (often a claim or dispute with a third party to the contract).

The indemnification clause is a crucial element in commercial contracts as it helps mitigate the risks and consequences associated with potential breaches of contracts. This clause also ensures that the parties are fairly compensated for their losses and helps maintain a stable and predictable business relationship.

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.

Most indemnification provisions require the indemnifying party to "indemnify and hold harmless" the indemnified party for specified liabilities. In practice, these terms are typically paired and interpreted as a unit to mean "indemnity."

Each party shall indemnify and hold the other party harmless from all liability, loss, damage and cost arising out of any claims, demands, actions or other proceedings by third parties of any nature (including, but not limited to, attorney fees as and when incurred), to the extent the same arises out of (i) the breach ...

The buyer and seller will then negotiate the 'caps' to these representations; that is, the maximum amount of money the buyer can recoup from the seller if it turns out that these representations are not accurate. Indemnification Caps: Typically, small market transactions have caps equal to 50% of the purchase price.

In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party's actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.

If an indemnity is considered appropriate, when negotiating the indemnity, parties should take into consideration the potential impact of the indemnity on their insurance coverage, their risk of exposure to liability under the contract, and whether any limitations or restrictions should be imposed on the indemnity to ...

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In Alaska, indemnity agreements are typically entered into between an owner ... In response, the defendant boat yard sought to invoke the indemnity provisions. Jul 24, 2020 — An exclusive remedy provision provides that a given remedy (in this case indemnification, defense, and hold harmless) will be the only remedy ...May 22, 2021 — An indemnity clause is a contractual provision in which one party agrees to answer for any specified or unspecified liability or harm that the ... by DA General · 2005 — First, qualified indemnity clauses may inadvertently mislead a party into believing that they have secured a legally enforceable indemnification ... The contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph. 1.1 Cross-Indemnities. (a) The Company hereby covenants and agrees, on the terms and subject to the limitations set forth in this Article I, from and after the ... ARTICLE 2. Performance of Service: 2.1 Appendix A (General Provisions), Articles 1 through 16, governs the performance of services under this contract. It generally contemplates reimbursement by one person or entity of the entire amount of the loss or damage sustained by another. Indemnity takes two forms – ... by RE Harrington · 1986 · Cited by 2 — The indemnity clause provided that: Alaska agrees to hold harmless and indemnify Northwest, its officers, agents, contractors, servants and employees from all ... If required by the landlord, the landlord and the tenant shall include within the rental agreement, incorporate by reference in the rental agreement, or add as ...

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Alaska Putting It All Together - Indemnification Provisions