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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.
Indemnities in IT contracts usually cover third-party claims and nothing else. The clause says that if a third party sues the ?indemnified party,? the indemnitor will pay any judgment. The indemnitor also generally agrees to pay settlements and to defend the case, hiring and paying lawyers.
In an indemnity agreement, one party will agree to offer financial compensation for any potential losses or damages caused by another party, and to take on legal liability for whatever damages were incurred. The most common example of indemnity in the financial sense is an insurance contract.
Obligation to defend An obligation. The indemnifying party must: Reimburse paid defense costs and expenses. Make advance payment for unpaid defense costs and expenses. A right. The indemnifying party has the right to assume and control the defense of the third-party suit.
There are several things to consider when negotiating the indemnification clause in a business contract, including but not limited to: Mutual indemnification. Ensure that the indemnification provision is mutual and not one-sided. ... Limits of liability. ... Insurance coverage. ... Define the circumstances. ... Scope.
Indemnity Agreement: Although similar to a hold harmless agreement, an indemnity agreement is an arrangement whereby one party agrees to pay the other party for any damages regardless of who is at fault.
On this page you'll find 61 synonyms, antonyms, and words related to indemnification, such as: compensation, indemnity, restitution, benefit, counterclaim, and coverage.
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).