Indiana Entire Agreement and No Waiver

State:
Multi-State
Control #:
US-OL18013
Format:
Word; 
PDF
Instant download

Description

This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.

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FAQ

Key Takeaways On How To Write A Waiver Choose a waiver template. Determine the type of activity or service. State the purpose of the waiver. Identify the risks. Include a title. Include customer information. Include waiver terms. Include a statement of understanding.

Waiver May Not Always Be Upheld Liability waivers are not always enforceable. While you may think that a liability waiver means no one can sue, that's far from true. Liability waivers do not protect businesses from all types of lawsuits; some courts will find them unenforceable in certain circumstances.

Under the Indian Contract Act, 1872 (?ICA?), Waiver finds its genesis under section 63, whereby, a party (promise) is statutorily allowed to waive contractual performance by the other party (promisor). Section 63 of ICA reads as follows: 63. The promise may dispense with or remit performance of promisee.

What does Waiver mean? In contract law, 'waiver' is used to denote the granting of a concession by one party not insisting on the other party's precise performance of its obligations under the contract. It is also where one party gives up its rights to take action or enforce its rights under a contract.

A hold harmless clause, also known as an exculpatory clause or release of liability clause, is a standard waiver clause that states that one party won't hold the other liable for damages, losses, or costs associated with incurred legal issues.

A limitation of liability provision typically contains two parts: a waiver of damages and a liability cap. The waiver of damages clause typically limits a party's exposure only to direct damages (i.e., damages suffered by a party that naturally result from the breach of the other party).

A liability waiver form is a legal contract that educates one party about the risks associated with an activity. Once signed, it prevents the participant from opening a lawsuit against the company in the event of damage or loss, effectively shifting responsibility for injuries from the company to the customer.

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Indiana Entire Agreement and No Waiver