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If there is no indemnification clause you are at a higher risk of liability when a dispute arises. Remember, your service contract is there to protect YOU. While all contracts should be somewhat two-sided and have clauses protecting the rights of your client, YOUR CONTRACT is mainly there to safeguard you.
Upon the occurrence of any Event for which you may become entitled to indemnity in ance with the above, the Company shall make available to you, from time to time, the amounts of money required to cover the various expenses and other payments involved in the handling of any legal proceedings against you in ...
As part of the settlement, the general release clause stated that the agreement was ?full and final settlement of all or any Claims which the parties have, or could have had, against each other (whether in existence now or coming into existence at some time in the future, and whether or not in the contemplation of the ...
The settlement and release agreement will effectively end a dispute and establish the terms the parties agree to, including payments. It will be incredibly important to detail the claim that is being settled to release a party from liability, as releases may apply only to certain categories of claims.
Indemnity as a condition of settlement Indemnity clauses are provisions in the release that discharge a party from liabilities or consequences stemming from some specified actions (or inaction) of the other party or parties.
Indemnifications, or ?hold harmless? provisions, shift risks or potential costs from one party to another. One party to the contract promises to defend and pay costs and expenses of the other if specific circumstances arise (often a claim or dispute with a third party to the contract).
In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party's actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
A settlement agreement, also called a release, is a binding contract that settles a lawsuit or potential lawsuit between two or more parties and stipulates that no lawsuit can be filed in the future. The courts encourage parties to resolve their dispute through a settlement agreement rather than through the courts.