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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."
For example, in Georgia, a claim for common law indemnification exists when a party is vicariously liable for the tort committed by another and is compelled to pay damages because of negligence imputed to him or her as a result (see District Owners Ass'n, 322 Ga. App.
An indemnification clause is a legally binding agreement between two parties specifying that one party (the indemnifying party) will compensate the other party (the indemnified party) for any losses or damages that may arise from a particular event or circumstance.
This Agreement may be canceled by the Landlord or SWG at any time with a 30-day written notification to the other party. The Landlord will remain liable for all costs incurred in the provision of service(s) until proper notice is received by SWG.
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