Hawaii Indemnification of Lessor

State:
Multi-State
Control #:
US-OG-801
Format:
Word; 
Rich Text
Instant download

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.

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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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Hawaii Indemnification of Lessor