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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.
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.
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.
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.
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.
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 indemnity agreement is a promise to hold another party harmless when that party suffers some injury, legal harm, or financial harm.
An indemnification clause has the following benefits: Certain losses, such as legal expenses, which are normally not recoverable through a common law cause of action, that is through an action against breach of contract, may be recovered by the party who was indemnified.
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.
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.