District of Columbia Surface Use Agreement (Contains Provisions Relative to Indemnity)

State:
Multi-State
Control #:
US-OG-1197
Format:
Word; 
Rich Text
Instant download

Description

This form is a surface use agreement that contains provisions relative to indemnity, release of liability and allocation of risk.
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FAQ

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. The Indemnification Clause in Commercial Contracts - Ironclad Ironclad ? Contracts and clauses Ironclad ? Contracts and clauses

The Company shall indemnify and hold Employee harmless to the fullest extent permitted by the laws of the Company's state of incorporation in effect at the time against and in respect of any and all actions, suits, proceedings, claims, demands, judgments, costs, expenses (including advancement of reasonable attorney's ...

Indemnification clauses are generally enforceable, but there are important qualifications. Some courts hold that broad form or ?no fault? indemnifications, which are blind to fault on the part of either party, violate public policy.

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.

How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. ... Draft the Indemnification Clause. ... Outline the Indemnification Period and Scope of Coverage. ... State the Indemnification Exceptions. ... Specify How the Indemnitee Notifies the Indemnitor About Claims. ... Write the Settlement and Consent Clause.

Yes. An indemnity agreement is a legally binding contract between two or more parties that outlines the rights and responsibilities of each party in the event of a dispute. How to Write an Indemnity Agreement (Step-by-Step Guide) - OnBoard onboardmeetings.com ? blog ? indemnity-a... onboardmeetings.com ? blog ? indemnity-a...

7.5 CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS OWNER FROM AND AGAINST ALL CLAIMS, DEMANDS AND LIABILITIES ARISING FROM HAZARDOUS SUBSTANCES, INCLUDING CONTROL AND REMOVAL THEREOF, CAUSED BY CONTRACTOR'S DIRECT NEGLIGENT ACT IN PERFORMING CONTRACTOR'S OBLIGATIONS HEREUNDER.

In most jurisdictions where parties may lawfully contract to indemnify one party from the latter's own acts of negligence without violating public policy, an indemnity agreement for one's own negligence is generally not enforced unless the agreement spells out the indemnitor's obligation in clear and unequivocal terms. Negotiating Indemnification Provisions and Agreements pbnlaw.com ? negotiating-indemnification-provisi... pbnlaw.com ? negotiating-indemnification-provisi...

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.

A common formulation for the negligence exception is: "The Indemnifying Party is not obligated to indemnify the Indemnified Party for any claim arising out of the Indemnified Party's negligence or a more culpable act or omission, including recklessness or willful misconduct." Indemnification Clauses in Commercial Contracts Thomson Reuters Legal Solutions ? insights ? articles Thomson Reuters Legal Solutions ? insights ? articles

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District of Columbia Surface Use Agreement (Contains Provisions Relative to Indemnity)