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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.
The indemnitor, also called the indemnifier, or indemnifying party, is the person who is obligated to hold harmless the other party for its conduct, or another person's conduct. The indemnitee, also called the indemnified party, refers to the person who receives indemnification.
For example, in a surety bond agreement, the indemnitor is typically the party that provides the financial backing and assumes responsibility for any losses that may occur if the bonded party fails to fulfill their contractual obligations.
The most common example of indemnity in the financial sense is an insurance contract. For instance, in the case of home insurance, homeowners pay insurance to an insurance company in return for the homeowners being indemnified if the worst were to happen.
An indemnitor is a party who agrees to indemnify certain losses for another party. In doing so, they are legally required to compensate them when these losses are incurred. Insurance companies assume the role of the indemnitor in insurance contracts, agreeing to compensate the insured for specific losses.
With a real estate indemnity agreement, one party is pledging to protect another from any kind of financial loss or from a lawsuit of some kind. We often hear about an indemnity agreement when we are filling out our car insurance forms, but this type of agreement is commonplace in most other forms of law.
How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. ... Draft the Indemnification Clause. ... Outline the Indemnification Period and Scope of Coverage. ... State the Indemnification Exceptions. ... Specify How the Indemnitee Notifies the Indemnitor About Claims. ... Write the Settlement and Consent Clause.
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.