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Subcontractor acknowledges acceptance of a memorandum of understanding with Contractor and to fully comply with Contracting company in order to prosecute or defend Subcontractor's Claim on Contractor's behalf in the event that it is not possible to participate in a Related Prime Contract Dispute to the dispute ...
The concept of indemnification is not complicated?indemnification is an agreement to assume a specific liability, potential or actual, of another party in the event of a loss. It involves shifting risk from one party to another?essentially as insurance.
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.
General contractors face liabilities if a subcontractor's actions on the jobsite cause some sort of harm to a client or third party. This is in addition to the legal liability a subcontractor bears if their team makes a mistake on a project.
A contractor's right to seek indemnification from a subcontractor is subject to the following limitations: The contractor must be entirely without fault. The contractor must have an obligation to pay someone else because of some type of derivative or vicarious liability for the actions of the subcontractor.
A performance bond is a financial guarantee to one party in a contract against the failure of the other party to meet its obligations. It is also referred to as a contract bond. A performance bond is usually provided by a bank or an insurance company to make sure a contractor completes designated projects.
Every independent contractor agreement should feature an indemnity clause. The purpose of this clause is to ensure that the independent contractor will be held liable for any damage or injury resulting from the independent contractor's work performed under the contract.
The Subcontractor agrees to save the General Contractor free and harmless of and from any loss or liability except that caused solely by the General Contractor's negligence of any nature whatsoever.