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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.
A typical example is an insurance company wherein the insurer or indemnitor agrees to compensate the insured or indemnitee for any damages or losses he/she may incur during a period of time.
Specific indemnity in a transaction context Since specific indemnity is often intended to be clear/uncapped protection for the indemnity holder. Ordinarily, indemnities in an M&A transaction are typically backed by the promoter(s).
Indemnities are generally used by buyers to protect themselves against matters that are outside of their control. They are also commonly used to cover known risks (to be distinguished from warranties, which are commonly used to protect against unknown risks).
Specific indemnities, on the other hand, are used to protect the buyer against specific concerns that arise after disclosure and a general indemnity may be drafted to make it easier to claim for losses impacting the underlying assets or business and expenses of bringing claims.
The LOAIA prohibits an indemnitor to indemnify an indemnitee in agreements pertaining to a well for the indemnitee's own negligence or fault?including strict liability?that causes death or bodily injury to another (La. R.S. 80). It applies only to personal injury or death and not property damage.
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.
Indemnity is security or protection against contingent hurt, damage, or loss; or a legal exemption from the penalties or liabilities incurred by any course of action. Indemnification is the action of compensating for actual loss or damage sustained; the payment made with this object.