New Mexico Indemnification - Long-Form Provision

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Multi-State
Control #:
US-ND2307
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Description

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.

New Mexico Indemnification — Long-Form Provision is a legal clause commonly found in contracts and agreements in the state of New Mexico. It is designed to protect parties involved in the agreement from potential losses, damages, or liabilities. The purpose of the New Mexico Indemnification — Long-Form Provision is to allocate responsibility for any claims, lawsuits, or costs arising from the actions or omissions of one party to another. The provision ensures that if one party causes harm or incurs expenses, the other party will bear the financial burden. Key features of the New Mexico Indemnification — Long-Form Provision may include: 1. Scope: The provision defines the coverage and scope of indemnification. It specifies the types of claims or liabilities that are subject to indemnification. 2. Indemnity and Indemnity: The provision identifies the indemnity, i.e., the party responsible for providing indemnification, and the indemnity, i.e., the party entitled to be indemnified. 3. Indemnity Trigger: The provision outlines the conditions or events that trigger the indemnification obligation. This may include breaches of warranties, negligence, or violation of laws. 4. Defense and Legal Costs: The provision may specify whether the indemnity is obligated to provide a defense to the indemnity in the event of a claim, including covering legal fees, court costs, and other related expenses. 5. Limitations and Exceptions: The provision may contain limitations or exceptions to indemnification, outlining situations where the indemnity is not responsible for providing indemnification, such as intentional misconduct or acts outside the scope of the agreement. It is important to note that while this general description provides an overview of a typical New Mexico Indemnification — Long-Form Provision, the specific language and terms of the provision may vary depending on the agreement and the parties involved. Regarding different types of New Mexico Indemnification — Long-Form Provisions, they can be categorized based on the nature of the agreement they are included in. Some common types include: 1. Construction Contracts: Indemnification clauses in construction contracts aim to protect parties involved in construction projects, such as owners, contractors, and subcontractors, from liabilities arising from accidents, property damage, or delays. 2. Service Agreements: Service providers often include indemnification clauses in their contracts to protect themselves from potential claims or losses resulting from their services, such as professional errors, omissions, or unethical conduct. 3. Lease Agreements: Landlords and tenants may include indemnification provisions in lease agreements to allocate responsibility for property damages, injuries, or claims made by third parties on the leased premises. 4. Purchase Agreements: In purchase agreements, indemnification provisions are commonly used to address potential liabilities related to intellectual property infringement, product defects, or undisclosed liabilities. It is essential to consult with a legal professional while drafting or interpreting New Mexico Indemnification — Long-Form Provisions to ensure compliance with state laws and specific contractual requirements.

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FAQ

How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. ... Draft the Indemnification Clause. ... Outline the Indemnification Period and Scope of Coverage. ... State the Indemnification Exceptions. ... Specify How the Indemnitee Notifies the Indemnitor About Claims. ... Write the Settlement and Consent Clause.

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).

For example, in the case of home insurance, the homeowner pays insurance premiums to the insurance company in exchange for the assurance that the homeowner will be indemnified if the house sustains damage from fire, natural disasters, or other perils specified in the insurance agreement.

Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.

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.

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 ...

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.

Letters of indemnity should include the names and addresses of both parties involved, plus the name and affiliation of the third party. Detailed descriptions of the items and intentions are also required, as are the signatures of the parties and the date of the contract's execution.

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Feb 25, 2020 — The answer may come in the form of a mandatory venue provision. Summary. The New Mexico Oilfield Anti-Indemnity Act (NMOAIA) voids indemnity ... The sole obligation of Prior Insurer under this Agreement is to indemnify Current Insurer arising from Defects as provided by this Agreement. D. This Agreement ...The obligation of Agent to so indemnify the Company is expressly contingent upon the Company's notifying the Agent, in writing, within seven (7) calendar days ... Sep 21, 2022 — But the thing to note in the New Mexico case, that if the contract requires a party to contract, to purchase contracts or project-specific ... New Mexico law contains a statute which voids construction contracts as against public policy when a contract attempts to indemnify, hold harmless, insure, or ... But the scope of the provision must be clearly drafted. Applying. New Mexico law, the Tenth Circuit has held that the language of an indemnification. EXHIBIT 10.26. FORM OF MASTER SERVICES AGREEMENT. THIS MASTER SERVICES AGREEMENT (“MSA”) is made, effective as of , by and between SANDRIDGE ENERGY, INC., a ... Aug 27, 2018 — Generally, these statutes take one of two forms: (1) they prohibit requirements in indemnification agreements where the motor carrier must ... Apr 3, 2013 — The New Mexico Oilfield Anti-Indemnity Act (NMOAIA) precludes indemnity provisions that allow the indemnitee to be indemnified for his or her ... Find out how to fill out the form with our NOA video (Notice of Accident). Forms can also be requested by calling the WCA at 1-800-255-7965 or 1-866-967-5667.

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New Mexico Indemnification - Long-Form Provision