California Indemnification of Lessor

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Multi-State
Control #:
US-OG-801
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Word; 
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

California Indemnification of Lessor is a legal provision that offers protection to lessors (also referred to as landlords) in various situations. It is typically included in lease agreements to safeguard lessors from potential liabilities arising from their lessees' actions or negligence. In simpler terms, it ensures that if any harm or damage is caused by the lessee, the lessor is not legally responsible for it. California Indemnification of Lessor can encompass different types based on the specific circumstances it covers. Some common types of indemnification clauses are as follows: 1. General Indemnification: This type of indemnification clause provides protection to the lessor by holding the lessee accountable for any liabilities, damages, or claims that may arise on the leased property during the term of the lease. It safeguards the lessor from being held responsible for accidents occurring on the premises due to the lessee's actions, such as slip and falls, property damage, or personal injuries caused by the lessee or their guests. 2. Environmental Indemnification: With the increasing concerns over environmental contamination and pollution, this type of indemnification clause is specifically designed to protect lessors from potential environmental liabilities caused by the lessee's activities. It ensures that the lessee takes full responsibility for any pollution, hazardous material release, or contamination that may occur during the lease term. 3. Indemnification of Nuisance: This type of indemnification clause aims to protect the lessor against any legal actions or claims resulting from the lessee's behavior that creates a nuisance. It could include activities such as excessive noise, odors, or disturbances that affect neighboring properties or violate local regulations. 4. Indemnification for Breach of Lease: In cases where the lessee breaches the terms of the lease agreement, this type of indemnification clause allows the lessor to recover any losses or expenses incurred as a result of the breach. It may include costs such as legal fees, rent arrears, or damages to the leased property caused by the lessee's breach. California Indemnification of Lessor clauses are essential legal protections that benefit both parties involved in a lease agreement. They provide peace of mind to lessors by shifting the responsibility of certain liabilities to the lessee, ultimately reducing the potential financial risks associated with leasing property in California. However, it is crucial for both parties to thoroughly review and understand the terms of the indemnification clause before signing a lease agreement. Consulting with legal professionals is recommended to ensure the clause is comprehensive, fair, and complies with California state laws and regulations.

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FAQ

Generally, hold harmless agreements are enforceable in California if they are specific. They protect one party to an agreement from the other party's demands for compensation. In California, they must include specific and explicit language regarding which risks are covered.

While generally, indemnity contracts for negligence are enforceable, the strict rule of construction in California is that indemnity for active negligence requires explicit language in the clause that negligence of the indemnitee is to be included.

California's long-standing anti-indemnity laws prohibit a public agency from forcing a contractor to indemnify the agency for its "active negligence." That prohibition has now been expanded in new and amended anti-indemnity statutes, which protect subcontractors and suppliers of goods and services (not just contractors ...

By statute, you cannot have another party indemnify you against damages that result your sole negligent or willful acts. If such a clause is in a contract it is void. Thus under California law, the person seeking indemnity from the other party must have some degree of fault for the harm that results in the liability.

An agreement to indemnify a person against an act thereafter to be done, is void, if the act be known by such person at the time of doing it to be unlawful. 2774. An agreement to indemnify a person against an act already done, is valid, even though the act was known to be wrongful, unless it was a felony. 2775.

Indemnification is the assumption of another party's liability under a contract, such as a lease. Therefore, under an indemnification clause, tenants typically agree to reimburse the landlord, or pay directly, ?all losses, claims, suits, liability, and expense? related to a liability situation.

Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, ...

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If the tenant insures claims arising from the negligence of its own employees, then the tenant should not ask that the landlord cover this negli- gence in the ... To the fullest extent permitted by Applicable Requirements, Landlord shall indemnify and hold Tenant and the other Tenant Parties harmless of and from Claims ...Sep 21, 2016 — ​A recent California case illustrates the importance of clear ... The lease required Tenant to indemnify Landlord for any matter “arising out ... Jun 3, 2022 — One such provision is indemnity. Indemnity is defined by statute in California as a contract by which one engages to save another from a ... “Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents... from and against any and claims, loss of rents and/or damages, ... He graduated from the University of California, Berkeley with a degree in political ... behalf of the owner and/or lessor of the premises;. C.This insurance does ... Aug 8, 2016 — ... a complete defense to that cause of action. ... 2d 1011 for the proposition that a lessee had a duty to indemnify a lessor for an accident that ... Consistent with subdivision (c), the defense by the subcontractor shall be a complete defense of the builder or general contractor of all claims or portions ... the subcontractor shall be a complete defense of the builder or general ... involving a lease agreement where the lessor agreed to indemnify the lessee against " ... LESSEE shall procure and maintain for the duration of the Agreement insurance ... Workers' Compensation: Insurance as required by the State of California, with.

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California Indemnification of Lessor