Hawaii Indemnification of Lessor

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Multi-State
Control #:
US-OG-801
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Word; 
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Hawaii Indemnification of Lessor is a legal provision that is commonly included in commercial leases. It offers protection to the lessor (the landlord) against any claims, damages, losses, or liabilities that may arise in relation to the leased property. This provision ensures that the lessor is indemnified or compensated for any costs incurred due to the lessee's (the tenant's) actions or omissions during the lease term. The Hawaii Indemnification of Lessor clause is designed to safeguard the lessor from any potential legal disputes or financial burdens that may arise during the lease agreement. It is an essential component of lease agreements in Hawaii, which provides a fair and balanced allocation of responsibility between the lessor and the lessee. There are different types of Hawaii Indemnification of Lessor, including: 1. General Indemnification: This type of indemnification clause protects the lessor from all claims, damages, losses, and liabilities arising from the lessee's use or occupation of the leased property. It holds the lessee responsible for any harm caused to third parties or the property itself. 2. Environmental Indemnification: In Hawaii, where environmental concerns are paramount, this specific indemnification clause protects the lessor from any claims or costs arising from environmental hazards or contamination caused by the lessee. It ensures that the lessee bears the responsibility for the investigation, cleanup, and any related expenses. 3. Indemnification against Breach of Lease: This type of indemnification clause is invoked when the lessee breaches any terms of the lease agreement. It safeguards the lessor from any legal action or financial losses resulting from the lessee's failure to comply with the lease provisions, such as non-payment of rent or unauthorized alterations to the property. 4. Indemnification for Personal Injury or Property Damage: This clause specifically addresses personal injury or property damage claims that may occur on the leased premises or as a result of the lessee's activities. It ensures that the lessor is held harmless and indemnified for any damages suffered due to the lessee's actions. By including these types of Hawaii Indemnification of Lessor clauses in a lease agreement, both parties can have peace of mind knowing that their interests are protected. It is crucial for landlords and tenants to thoroughly understand the specific types of indemnification provisions included and seek legal advice if necessary to ensure compliance with Hawaii state laws.

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FAQ

Wyoming law usually prohibits those engaged in the oil and gas industry from contractually shifting to others liability for their own negligence. Lexington argued Wyoming's Anti?Indemnity Statute declares void as a matter of public policy ?[a]ll agreements ?

Most personal injury claims in Hawaii have a statute of limitations of two years from the date of the accident. There are some exceptions. For example, if you are filing an injury claim against a municipal government in Hawaii, you must file these claims within six months of the accident.

For the most serious class of felonies, other than murder, a six-year period is set, while for the other classes of felonies, three years is deemed sufficient. Consistent with prior law, a two-year period is set for misdemeanors. Prosecution for petty misdemeanors and violations must be commenced within one year.

Under Hawaii law, most personal injury lawsuits must be brought within two years from the date of the injury.

Negligence Laws in Hawaii State negligence laws can vary. Hawaii's negligence statutes are listed below. Hawaii follows the 51% rule so the plaintiff can be less negligent or equally negligent and still recover minus their contributory negligence.

Both New York and New Jersey have anti-indemnity statutes restricting the extent to which a party can be indemnified for its own negligence. Under New Jersey law, an indemnification agreement will not be enforced when it requires indemnification for the indemnitee's sole negligence pursuant to NJSA 2A 40-1.

Hawaii law also employs a doctrine known as "modified comparative negligence." Generally, this means that a plaintiff can't recover damages if they are more at fault than the defendant, and any possible financial recovery will be diminished in proportion to the plaintiff's proven fault, if any.

What Is the Statute of Limitations in Hawaii? The statute of limitations will vary greatly depending on the type of case. For criminal charges, the statute of limitations will often be either two or six years, while for civil cases, many types of claims have a two-year statute of limitations.

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Aug 14, 2015 — Indemnification. The Lessee will indemnify the Lessor, its tenants and licensees occupying the land affected by this Non-Exclusive Lease of ... Dec 15, 1989 — The Lessee shall provide the Board with the complete appraisal prepared by the Lessee's appraiser. Each party shall pay for its own appraiser.The policy or policies shall cover all the acts and omissions of the licensee, permittee, lessee, or user, its officers, employees and agents, the persons ... May 27, 2015 — Hawai'i's common law requires that an indemnity provision cannot be used to indemnify the indemnitee for its own negligence unless the indemnity ... Alaska courts construe contractual indemnity agreements to effectuate the reasonable expectations of the parties to the contract. With regard to indemnification ... by AJ Gallogly · 2010 · Cited by 1 — This article will attempt to provide a general overview of the basic principles thus far established under Pennsylvania law and, to the extent that issues have ... This Agreement is entered into by and between a lessor and a lessee. The lessor leases to the lessee a site for placement of a metal guide radio tower ... Jun 27, 2016 — In an effort to fill the shopping center with tenants,. Lee Carter ... indemnification liability of the insurer to the insured, the insurer ... It generally contemplates reimbursement by one person or entity of the entire amount of the loss or damage sustained by another. Indemnity takes two forms – ... King Street, Honolulu, Hawaii 96813, hereinafter called the “Lessor”, and CelIco ... The Lessee agrees to hold harmless and indemnify the Lessor from any and all ...

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Hawaii Indemnification of Lessor