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The word 'indemnity' finds its roots in the Latin word 'indemnis', which stands for 'unhurt' or 'free from loss'. Hence, indemnities are also referred to as 'hold harmless' agreements. Indemnities are contractual agreements that provide compensation for losses, damages, or liabilities sustained by another party.
Ing to how it is typically drafted, an indemnity clause covers all damages, not just direct losses. As a result, an indemnity clause might allow for the recovery of remote, indirect, or consequential losses and damages. However, this claim is not without dispute.
Indemnity is a type of insurance compensation paid for damage or loss. When the term is used in the legal sense, it also may refer to an exemption from liability for damage. Indemnity is a contractual agreement between two parties in which one party agrees to pay for potential losses or damage caused by another party.
To indemnify, also known as indemnity or indemnification, means compensating a person for damages or losses they have incurred or will incur related to a specified accident, incident, or event.
Hold Harmless Agreement: An agreement whereby the first party (the indemnitor) agrees to hold a second party (the indemnitee) harmless from tort liability arising out of the indemnitor's negligent act or omission.
Indemnity is a common law principle whereby a party seeks "restitution for damages he/she was required to pay for injuries sustained by another and which were entirely or primarily caused by the party against whom indemnity is sought." Degener v. Hall Contracting Corp., 27 S.W. 3d 775, 781-82 (Ky.
Indemnity is based on a contractual agreement in which one party agrees to pay for any damages or losses that are caused to another party. For example, in an insurance contract, one party agrees to pay the other party for losses or damages in return for a premium payment that is paid to the insurer.
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.
Indemnification clauses allow a contracting party to: Customize the amount of risk it is willing to undertake in each transaction and with every counterparty. Protect itself from damages and lawsuits that are more efficiently borne by the counterparty.
An indemnification clause may allow: The indemnified party to recover certain types of losses, such as attorney's fees, which are not typically recoverable under a common law cause of action. The indemnifying party to reduce its liability by incorporating: Liability cap.