Kentucky Indemnities
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How to fill out Indemnities?
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FAQ
Indemnification in Contracts They reduce the legal hurdles to recover more. Generally speaking, they're easier to enforce because the indemnity creates an express remedy in the contract for payment of money: for a breach of a contractual promise: a warranty, innominate term or a condition.
In contract law, an indemnity is a contractual obligation of one party (the indemnitor) to compensate the loss incurred by another party (the indemnitee) due to the relevant acts of the indemnitor or any other party.
It's a legally binding promise to protect another person against loss from an event or series of events: they are indemnified and protected from liability. Sometimes, indemnities are implied into the terms of contracts automatically, due to the nature of the legal relationship between the two parties.
Tips for Enforcing Indemnification Provisions Identify Time Periods for Asserting Indemnification Rights. ... Provide Notice in a Timely Fashion. ... Notify All Concerned Parties. ... Understand Limitations on Recovery. ... Exclusive Remedy. ... Scope of Damages. ... Claims Process/Dispute Resolution.
In addition, Kentucky has an anti-indemnity statute relating to construction contracts. If you are seeking to contractually indemnify you or your business, it is recommended that you consult a lawyer to review the provision.
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 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. 2000).
Since a party might not become aware of these claims until after the contract termination, those indemnification provisions should survive termination. That way, a party faced with a claim months after contract termination still can pursue indemnification from the other party.
