This is a Contractor Indemnification form, to be used across the United States. It is used to protect yourself against lawsuits by a Contractor's Employees.
Kansas Contractor Indemnification
Category:
State:
Multi-State
Control #:
US-CGMCA-19
Format:
Word;
Rich Text
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FAQ
Indemnity being a 'hold harmless' agreement This clause absolves the manufacturing company of losses in case one of the contractor's personnel gets injured while using the crane. The contractor here indemnifies the manufacturer.
Implied Indemnity: A plaintiff in an action for indemnification not based on a statute or express contract, who had been a codefendant in a prior action with a joint tortfeasor, can recover indemnity from that codefendant only by establishing four separate elements: (1) that the other tortfeasor was negligent; (2) that ...
However, an indemnity will normally be implied if the Owners suffer loss/ damage or incur liabilities which were effectively caused by complying with the Charterers' orders, unless by the terms of the charterparty the Owners consented to bear this loss etc. The classic case is that of The Island Archon [note 4].
Comparative form indemnity agreement Under this type of indemnity agreement, each party is responsible for acts caused by its negligence. Each party agrees to hold the other harmless for actions caused by its negligence. ?To spot a comparative form indemnity agreement, look for the term ?only to the extent.?
? ? Kansas Stat. § 16-121. Statute voids promises on public and private projects to indemnify or provide liability coverage to another person as an additional insured for that person's own negligence, acts or omissions. There are six exceptions.
#2 Implied indemnity One practical example is an agent-principal business relationship. When the principal refuses to accept the goods that the agent supplies him, the agent can sell them to others; however, if the agent sustains a loss while selling, the principal is obligated to pay for it.
Indemnification clauses are contractual provisions that require one party (the ?Indemnitor?) to indemnify another party (the ?Indemnitee?) for losses that the Indemnitee may suffer. In prime contracts, the owner usually is the Indemnitee and the contractor is the Indemnitor.
Comparative Implied Indemnity App. 2d 401, 985 P. 2d 723, syl. 1 (1999) states: ?Comparative implied indemnity is an equitable remedy available to a single defendant among a number of tortfeasors, who by settling with the plaintiff or paying a judgment, pay the other tortfeasors' share of liability.?