New Mexico Indemnification of Lessor

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US-OG-801
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

New Mexico Indemnification of Lessor is a legal concept that aims to protect lessors (or landlords) from certain liabilities arising out of their ownership or control of real property. It is an important provision included in lease agreements to safeguard lessors against potential financial losses or damages resulting from the tenant's actions. In New Mexico, there are different types of indemnification clauses that provide specific protections to lessors. These clauses can vary depending on the nature of the lease agreement and the specific considerations of the parties involved. Some commonly used types of New Mexico Indemnification of Lessor clauses are: 1. General Indemnification: A general indemnification clause in a lease agreement provides the lessor with protection against any and all claims, losses, liabilities, and expenses arising out of the tenant's use, occupancy, or activities on the leased premises. This broad form of indemnification covers a wide range of potential risks and ensures that the lessor is not held responsible for the tenant's actions. 2. Third-Party Claims Indemnification: This type of indemnification clause specifically focuses on protecting the lessor from claims made by third parties, such as visitors, customers, or contractors, who suffer injuries or damages while on the leased premises. It requires the tenant to assume responsibility for any liability arising from such claims, including legal fees, settlement costs, or judgments. 3. Environmental Indemnification: New Mexico, like many other states, has specific regulations regarding environmental liabilities for property owners. An environmental indemnification clause in a lease agreement shifts the responsibility for complying with environmental laws, remediation costs, and other environmental liabilities to the tenant. It ensures that the lessor is not held liable for any damages or violations related to environmental hazards or contamination caused by the tenant. 4. Indemnification of Property Damage: This type of indemnification clause focuses on protecting the lessor from damages caused by the tenant's actions or negligence, such as property damage resulting from improper maintenance, alterations, or unauthorized modifications. It requires the tenant to bear the financial responsibility for repairs or replacements necessary due to their actions. In summary, New Mexico Indemnification of Lessor provides crucial protections to landlords by shifting potential liabilities related to property use, third-party claims, environmental issues, and property damage to the tenant. Including specific indemnification clauses in lease agreements helps ensure a fair distribution of risk between lessors and lessees and minimizes the financial exposure of lessors in operating their rental properties.

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FAQ

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.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

The right to indemnification may be implied by obligation of law in vicarious liability situations or created by express contract. Implied (or common law) indemnification exists where ?the law imposes liability on a party who has committed no actual wrong but who is held responsible for a loss ... ?

Indemnity between primary and secondary wrongdoers. ? New Mexico recognizes a common-law right of indemnity in favor of a tortfeasor who has been guilty of only passive or secondary negligence against another who has been guilty of active or primary negligence.

A provision in a construction contract that requires one party to the contract to indemnify, hold harmless, insure or defend the other party to the contract, including the other party's employees or agents, against liability, claims, damages, losses or expenses, including attorney fees, arising out of bodily injury to ...

Indemnification, also referred to as indemnity, is an undertaking by one party (the indemnifying party) to compensate the other party (the indemnified party) for certain costs and expenses, typically stemming from third-party claims.

New Mexico law contains a statute which voids construction contracts as against public policy when a contract attempts to indemnify, hold harmless, insure, or defend a party for its own negligence. See N.M. Stat. Ann. § 56-7-1 (2022).

§ 56?7?2(A) (?An agreement, covenant or promise, foreign or domestic, contained in ? an agreement pertaining to a well for oil, gas or water, or mine for a mineral, within New Mexico, that purports to indemnify the indemnitee against loss or liability for damages arising from the circumstances specified ? is against ...

More info

Tenant's agreement to indemnify landlord against all claims as including losses resulting from landlord's negligence, 4 A.L.R.4th 798. 17 C.J.S. Contracts ... INDIVIDUAL STATE INDEMNIFICATION AND INSURANCE REQUIREMENTS: The parties to this agreement, Customer or Lessee. (“Lessee”) and H.K.B., Inc. DBA Southwest ...As a matter of public policy, certain indemnification agreements in the landlord/ ... cover any claim made against the lessor for damages, no matter where on the. For example, In case involving a lease agreement where the lessor agreed to indemnify the lessee against "any and all liabilities," the court found for the ... Jan 21, 2003 — INDEMNIFICATION. Lessor shall hold the State of New Mexico, participating entities and its agencies and employees harmless and shall ... Jul 1, 2023 — MEXICO, a political subdivision of the State of New Mexico ("Lessor"), having an office at 6400 Uptown ... Lessor is self-insured in compliance ... The selection committee will remain in effect until a lease is signed and the performance bond is returned to the lessor. E. Agency cost ceiling (GSD form): The ... Aug 5, 2019 — Indemnification by Landlord. Except to the extent caused by the negligent maintenance of the Premises by the Tenant, its employees and ... bailee, lessor, and lessee, or a situation giving rise to vicarious liability. Id. The party seeking indemnity must have been free of any wrongdoing, and. ... lessor to state a claim against the lessee's insuror for indemnification against the claim of a restaurant customer who was injured in the lessor's parking lot.

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New Mexico Indemnification of Lessor