Colorado Indemnification - Long-Form Provision

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US-ND2307
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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.

Colorado Indemnification — Long-Form Provision is a legal clause included in contracts, agreements, or insurance policies to protect one party from financial loss or legal liabilities resulting from the actions of another party. This provision holds the indemnifying party responsible for compensating the indemnified party for any damages, losses, expenses, or legal costs incurred. In Colorado, there are different types of Indemnification — Long-Form Provisions, which include: 1. Broad Form Indemnification: This type of provision offers extensive protection to the indemnified party. It covers not only losses caused by the indemnifying party but also losses arising from the conduct of third parties and joint negligence. It provides maximum coverage and is preferred by the indemnified party. 2. Intermediate Form Indemnification: This provision strikes a balance between the interests of both parties. It covers losses solely caused by the indemnifying party or resulting from the joint negligence of both parties. It offers a moderate level of protection to the indemnified party. 3. Limited Form Indemnification: This provision limits the indemnifying party's responsibility to losses solely caused by their own negligence or intentional misconduct. It excludes losses resulting from the joint negligence of both parties. The indemnified party may have to bear some responsibility for shared negligence. The Colorado Indemnification — Long-Form Provision serves as a contractual agreement between parties involved in various business transactions, leases, construction projects, or any situation where potential risks or liabilities may arise. This provision offers security to the indemnified party by ensuring their financial protection if legal action is taken against them due to the indemnifying party's actions or negligence. Companies, contractors, landlords, tenants, and other entities commonly include this provision in their contracts to mitigate potential risks and ensure that any losses or expenses incurred as a result of another party's actions are properly compensated. It is essential for those drafting or entering into contracts or agreements in Colorado to carefully consider and negotiate the terms of the Indemnification — Long-Form Provision to allocate risks and responsibilities adequately. Seeking legal advice is recommended to ensure the provision accurately reflects the parties' intentions and protects their interests within the bounds of Colorado state laws and regulations. Overall, the Colorado Indemnification — Long-Form Provision is an important legal clause that facilitates the fair allocation of risks and liabilities between parties involved in various business transactions, providing financial protection and peace of mind to the indemnified party.

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FAQ

Blinder, Robinson & Co., the Colorado Supreme Court defined an indemnity agreement as ?[a]n agreement by one person to hold another person harmless from such loss or damage as may be specified in the agreement.?19 If ?indemnify? and ?hold harmless? are synonymous, the term ?hold harmless? is unnecessary in an indemnity ...

Example of Indemnity in Business If the building sustains significant structural damages from fire, then the insurance company will indemnify the owner for the costs to repair by way of reimbursing the owner or by reconstructing the damaged areas using its own authorized contractors.

For example, in the case of home insurance, the homeowner pays insurance premiums to the insurance company in exchange for the assurance that the homeowner will be indemnified if the house sustains damage from fire, natural disasters, or other perils specified in the insurance agreement.

Letters of indemnity should include the names and addresses of both parties involved, plus the name and affiliation of the third party. Detailed descriptions of the items and intentions are also required, as are the signatures of the parties and the date of the contract's execution.

Upon the occurrence of any Event for which you may become entitled to indemnity in ance with the above, the Company shall make available to you, from time to time, the amounts of money required to cover the various expenses and other payments involved in the handling of any legal proceedings against you in ...

Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.

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.

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).

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Apr 11, 2019 — Forms of Indemnity Prohibited in Colorado. Anti-indemnity statutes ... The first type is the “fault-free” provision, which requires ... Jan 2, 2020 — To eliminate ambiguity, drafters should address the issue directly by including language stating the parties' intent; for example, “This ...3. Agreement to Indemnify. To the fullest extent permitted by Colorado law, the Company agrees to indemnify Indemnitee as follows: (a) Proceedings Other Than ... SEVERABILITY: If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect. Indemnity agreements will be upheld in Colorado as long as the parties' intent to indemnify is clear and unambiguous.161. Such agreements are subject to the ... May 6, 2021 — Most indemnification provisions require the indemnifying party to "indemnify and hold harmless" the indemnified party for specified liabilities. Aug 16, 2019 — Under the common law of most states, an indemnitor generally has no duty to defend unless the contract specifically requires that a defense be ... Aug 27, 2018 — Generally, these statutes take one of two forms: (1) they prohibit requirements in indemnification agreements where the motor carrier must ... Aug 9, 2023 — Indemnifications, or hold harmless provisions, shift risks or potential costs from one party to another. View a sample indemnification ... Oct 26, 2015 — A(4) of the 2014 LAM allows an assignee to receive a full indemnity when a policyholder voluntarily severed his rights to the insured crop ...

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Colorado Indemnification - Long-Form Provision