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What Is an Indemnification Clause? 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.
The key difference between public liability and professional indemnity is that while public liability covers for risks of injury or damage, professional indemnity is focused on the work side of things, covering for professional errors and negligence.
Liability caps can operate differently from indemnities, although in some circumstances they may form part of the terms of an indemnity.
The indemnitor promises to defend certain types of lawsuits against the other party (indemnified claims) and to pay settlements and/or judgments. That's an obligation to perform under the contract. And limit of liability terms restrict liability for breach ? for damages ? not obligations to perform.
In a derivative action, the plaintiff must be a partner or an assignee of a partner at the time of bringing the action and (1) must have been a partner at the time of the transaction of which he or she complains, (2) his or her status as a partner must have devolved upon him or her by operation of law or pursuant to ...
The risks covered by indemnity provisions and the risks covered by liability insurance typically overlap but the parties to indemnity provisions must consider instances when the scope of the indemnity exceeds insurance coverage for the risk.