Delaware Surface Use Agreement (Contains Provisions Relative to Indemnity)

State:
Multi-State
Control #:
US-OG-1197
Format:
Word; 
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Description

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

Delaware Surface Use Agreement is a legally binding agreement that governs the use of surface land within the state of Delaware. This agreement contains specific provisions related to indemnity, which is a contractual obligation that one party assumes responsibility for certain liabilities or losses incurred by another party. The Delaware Surface Use Agreement (Contains Provisions Relative to Indemnity) is designed to address the potential risks and liabilities associated with surface land use, particularly in industries such as oil and gas exploration, mining, or construction. By including provisions for indemnity, this agreement aims to protect parties involved in surface land use activities from financial losses or legal claims that may arise during the course of their operations. Key provisions commonly found in the Delaware Surface Use Agreement (Contains Provisions Relative to Indemnity) include: 1. Indemnification: This provision outlines the responsibilities of each party to indemnify and hold harmless the other party from any claims, damages, or losses arising out of the surface land use activities. For example, if a contractor causes damage to the landowner's property during construction, the contractor may be obligated to indemnify the landowner for any resulting costs or legal claims. 2. Insurance Coverage: This provision requires parties to maintain appropriate insurance coverage, typically including general liability and property insurance. The agreement may specify minimum coverage limits and require proof of insurance before commencing any surface land use activities. Adequate insurance coverage serves as an additional layer of protection for both parties involved. 3. Notice and Cooperation: The agreement may include provisions that require one party to promptly notify the other party of any potential claims or incidents that may give rise to indemnification obligations. Additionally, parties may be required to cooperate with each other in the defense or settlement of any claims, including providing access to relevant documents or witnesses. 4. Limits of Indemnity: The Delaware Surface Use Agreement may specify certain limitations on indemnification, such as excluding claims resulting from intentional misconduct or violations of applicable laws and regulations. These limitations help ensure that indemnity obligations are reasonable and do not extend to situations where one party engages in reckless or illegal behavior. It's important to note that variations of the Delaware Surface Use Agreement (Contains Provisions Relative to Indemnity) may exist depending on the specific industry or activities being conducted on the surface land. Examples of such agreements may include the Delaware Oil and Gas Surface Use Agreement (Contains Provisions Relative to Indemnity), Delaware Mining Surface Use Agreement (Contains Provisions Relative to Indemnity), or Delaware Construction Surface Use Agreement (Contains Provisions Relative to Indemnity). In conclusion, the Delaware Surface Use Agreement (Contains Provisions Relative to Indemnity) is a comprehensive legal document that safeguards the interests of parties involved in surface land use activities. It establishes the responsibilities, liabilities, and indemnification obligations of each party, providing a framework for conducting operations while effectively managing risks associated with surface land use.

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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.

How Do You Create an Indemnification Agreement? Named Parties and Contractual Relationship. ... Governing Law and Jurisdiction. ... Indemnification Clause. ... Scope of Coverage. ... Exceptions. ... Notice and Defense of a Claim. ... Settlement and Consent Clause. ... Enforcement.

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.

A typical example is an insurance company wherein the insurer or indemnitor agrees to compensate the insured or indemnitee for any damages or losses he/she may incur during a period of time.

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.

(a) A corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the corporation) by reason of the ...

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.

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 ...

The Contractor shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by ...

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Delaware Surface Use Agreement (Contains Provisions Relative to Indemnity)