New York 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 York Indemnification of Lessor is a legal provision that outlines the rights and responsibilities between a lessor (the owner of a property) and a lessee (the tenant) in the state of New York. It involves the transfer of liability from the lessor to the lessee for certain risks and expenses associated with the leased property. One type of New York Indemnification of Lessor is "Limited Indemnification." Under this type, the lessee agrees to indemnify and hold the lessor harmless against any claims, damages, liabilities, or expenses related to the lessee's use, occupancy, or conduct on the leased premises. This may include accidents, injuries, property damage, or legal costs. Another type of New York Indemnification of Lessor is "Broad Form Indemnification." Here, the lessee assumes liability not only for claims resulting from their own actions but also from actions or negligence of third parties, such as guests or contractors, or even the lessor's own negligence. This provision tends to impose a higher burden on the lessee to protect the lessor from unforeseen risks and liabilities. The New York Indemnification of Lessor clause is an essential component of commercial leases, residential leases, and even subleases. It protects lessors from potential losses and ensures that lessees bear the responsibility for their actions while in possession of the property. This provision safeguards the lessor against financial burdens arising from lawsuits, property damages, or personal injuries occurring during the lease term. In practice, the New York Indemnification of Lessor clause is typically accompanied by other lease provisions, including insurance requirements, to further safeguard both parties. Lessees may be required to provide liability insurance coverage to protect against potential indemnification claims, adding a layer of protection for the lessor. Ultimately, New York Indemnification of Lessor is a vital legal concept that allocates responsibilities and mitigates risks between lessors and lessees in the state of New York. It represents a necessary safeguard for property owners and ensures that lessees accept liability for certain issues that may arise during the lease term, promoting a fair and balanced relationship between the parties involved.

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FAQ

In an indemnity agreement, one party will agree to offer financial compensation for any potential losses or damages caused by another party, and to take on legal liability for whatever damages were incurred.

Common-law indemnity thus permits one who "is held liable solely on account of the negligence of another?to shift the entire liability to the one who was negligent." D'Ambrosio, 55 N.Y. 2d at 462, 450 N.Y.S.

New York's General Obligations Law §5-322.1 prohibits enforcement of an indemnification agreement for damage arising ?out of bodily injuries to persons or damage to property contributed to, caused by, or resulting from the negligence of the promisee, his agents or employees, or indemnitee, whether such negligence be in ...

The indemnification clause should clearly set forth the responsibilities of each party in clear and unambiguous terms, including: the covered property, the scope of covered claims, what actions the tenant is required to perform in the event of a complaint, and what landlord activity is excluded from the indemnification ...

Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, ...

The GOL§ 5-322.1 prohibits a party involved in the construction, alteration, maintenance or repair of a building from contracting with another to indemnify or hold it harmless for injuries arising out of its own negligence.

Indemnification is protection against loss or damage. When a contract is breached, the parties look to its indemnity clause to determine the compensation due to the aggrieved party by the nonperformer. The point is to restore the damaged party to where they would have been if not for the nonperformance.

Indemnification is the assumption of another party's liability under a contract, such as a lease. Therefore, under an indemnification clause, tenants typically agree to reimburse the landlord, or pay directly, ?all losses, claims, suits, liability, and expense? related to a liability situation.

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Cahn v Ward Trucking, Inc. (101 AD3d 458, 955 NYS2d 583 [1st Dept., 2012]). Loss did not Arise from the Conduct Described in the Indemnity Agreement. Apr 13, 2017 — '' Id. In evaluating whether an indemnification provision should be construed to cover to direct claims, courts ap- plying New York law will ...The New York Court of Appeals has held that in order for an indemnification provision ... 5-321. Agreements exempting lessors from liability for negligence void. Jan 6, 2021 — New York has such statutes, including the General Obligations Law ... a lease agreement seeking to exempt a lessor from its own negligence. It is conduct that evinces a reckless disregard for the right of other or smack of intentional wrongdoing") (internal citations and quotations omitted). 5. See ... The landlord filed a motion for judgment notwithstand- ing the verdict and for a new trial, contending that the lease agreement contained an indemnity clause ... Jul 24, 2020 — New York presents another variation on the duty to defend, applying separate analysis depending whether the case arises in an insurance context ... For instance, under New. York law any lease provision that purports to exempt an owner from liability for its own acts of negligence is void and unenforceable. When an indemnification agreement provides that the government will indemnify only up to a certain amount, the government's maximum liability is known, and the ... Jan 21, 2009 — Corp., 7 NY3d 412, 417 (2006) (Indemnification clause requiring lessee to indemnify lessor for "any accident, injury or damage whatsoever, ...

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New York Indemnification of Lessor