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Most jurisdictions do not require notarization for an Indemnity Agreement to be valid. However, you can reinforce the validity of the parties' signatures if you choose to notarize the document.
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.
Ensure the LOI is signed by a person authorised to sign on behalf of the grantor. Ensure the LOI is addressed to the correct party. If possible, incorporate the terms of the Contracts (Rights of Third Parties) Act 1999 or have the LOI addressed to 'The Owners/Disponent Owners/Charterers of the [vessel]'.
An LOI must clearly list all of the parties involved (shipper, carrier and when applicable, consignee or recipient) and should include as much detail as possible (i.e. vessel name, ports of origin and destination, description of goods, container number, specifics from the original bill of lading, etc.).
An indemnity agreement should reveal how the indemnitee will notify the indemnitor of a dispute or claim covered under the legal document. That way, the indemnified party won't be in the dark when facing losses, damages, or legal issues.
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.
An indemnity agreement is a promise to hold another party harmless when that party suffers some injury, legal harm, or financial harm.
The obligation to indemnify requires the indemnifying party to: Reimburse the indemnified party for its paid costs and expenses, referred to as losses. Advance payment to the indemnified party for its unpaid costs and expenses, such as: Liabilities.