New Mexico Putting It All Together - Indemnification Provisions

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US-ND1015
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This form brings together several boilerplate contract clauses that work together to outline the procedures, restrictions, exclusivity and other aspects of an indemnity provided for under the terms of the contract agreement. Both short and detailed examples are provided to suit individual needs and circumstances.

New Mexico Putting It All Together — Indemnification Provisions New Mexico is a state located in the southwestern region of the United States. It is known for its diverse culture, unique landscapes, and rich history. In the legal realm, New Mexico has its own set of rules and regulations, including specific provisions related to indemnification. Indemnification provisions are clauses typically included in contracts that aim to allocate risk and ensure protection between parties involved in a transaction. These provisions outline the responsibilities and liabilities of each party in case of a breach, damage, or loss arising from the contract. In New Mexico, various types of indemnification provisions exist, each serving a specific purpose and addressing different scenarios. Some common types include: 1. Broad Form Indemnification: — This provision extends indemnification coverage to include losses or damages caused by the indemnity's negligence, even if the indemnity is partially or fully at fault. 2. Comparative Fault Indemnification: — This provision determines thindemnityor's liability based on their degree of fault. If both parties are found to be at fault, the indemnification amount is allocated accordingly. 3. Limited Indemnification: — This provision restricts the scope and extent of indemnification, often excluding certain types of losses or damages from the indemnity's responsibility. 4. Mandatory Indemnification: — This provision explicitly requires one party to indemnify another party under specified circumstances, irrespective of negligence or fault. 5. Mutual Indemnification: — This provision mandates both parties to indemnify and hold harmless each other, sharing the responsibility equally when a loss or damage occurs. 6. Third-Party Indemnification: — This provision extends indemnification to cover claims brought by third parties who are not a party to the contract. When drafting or reviewing contracts in New Mexico, understanding and properly incorporating these indemnification provisions is crucial for both parties involved. It is advisable to seek legal counsel to ensure compliance with New Mexico laws and regulations to protect one's rights and mitigate potential risks. In summary, New Mexico's Putting It All Together — Indemnification Provisions encompass various clauses that help allocate risk and protect parties involved in contracts. By incorporating these provisions appropriately, businesses and individuals can safeguard themselves from unforeseen losses or damages.

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The indemnification clause is a crucial element in commercial contracts as it helps mitigate the risks and consequences associated with potential breaches of contracts. This clause also ensures that the parties are fairly compensated for their losses and helps maintain a stable and predictable business relationship.

These provisions generally require the portfolio company to expressly acknowledge that the director has rights of indemnification, advancement, and insurance from the sponsor; to agree that it is the indemnitor of first resort and that it is obligated to advance all expenses and indemnify for all judgments, penalties, ...

Each party shall indemnify and hold the other party harmless from all liability, loss, damage and cost arising out of any claims, demands, actions or other proceedings by third parties of any nature (including, but not limited to, attorney fees as and when incurred), to the extent the same arises out of (i) the breach ...

An indemnification clause should clearly define the following elements: who are the indemnifying party and the indemnified party, what are the covered claims or losses, what are the obligations and duties of each party, and what are the exclusions or limitations of the indemnity.

Example of Indemnity in Business If the building sustains significant structural damages from fire, then the insurance company will indemnify the owner for the costs to repair by way of reimbursing the owner or by reconstructing the damaged areas using its own authorized contractors.

Simply put, an indemnification clause lays out in legal language how one company (usually the buyer) will be compensated by another for losses they suffer after a merger or acquisition takes place.

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).

Most indemnification provisions require the indemnifying party to "indemnify and hold harmless" the indemnified party for specified liabilities. In practice, these terms are typically paired and interpreted as a unit to mean "indemnity."

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Feb 25, 2020 — The New Mexico Oilfield Anti-Indemnity Act (NMOAIA) voids indemnity agreements that purport to indemnify a party against liability for damages ... PNM shall procure and maintain for the duration of this franchise insurance against all claims for injuries to persons or damages to property which may arise ...Jul 24, 2020 — Indemnification, according to the court, is “an offensive right—a sword—allowing the indemnitee to seek indemnification.” On the other hand, ... For example, New Mexico Code Section 56-7-1 broadly forbids agreements which require a party to indemnify, hold harmless, or defend the indemnitee for claims ... by JM Mock · 1996 · Cited by 2 — I. INTRODUCTION. In Amrep Southwest, Inc. v. Shollenbarger Wood Treating, Inc.,' the. New Mexico Supreme Court extended proportional indemnity principles. ... N.M. Stat. § 56-7-3 expanded the scope of New Mexico's public policy to void all indemnity provisions in rental or lease agreements for equipment, except ... Sep 21, 2022 — So, putting those all together, you end up with a contract of indemnification that can be a page or several pages long. And in fact, you can ... Learn what Indemnification Clauses are with examples and samples. We've created a guide to the most common clauses found in contracts to explore in 2022. All indemnity provisions of the Agreement shall survive termination, expiration, or cancellation of the Agreement,. 17. WAIVER OF CONSEQUENTIALS ... It generally contemplates reimbursement by one person or entity of the entire amount of the loss or damage sustained by another. Indemnity takes two forms – ...

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New Mexico Putting It All Together - Indemnification Provisions