Oklahoma Indemnity Provisions - Procedural Issues

State:
Multi-State
Control #:
US-ND1013
Format:
Word; 
PDF
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Description

This form provides boilerplate contract clauses that cover procedural issues with regards to indemnity in both third-party and non-third-party claims. Several different language options are included to suit individual needs and circumstances.

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FAQ

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.

Homeowner sued Pulte and Parex for defective stucco. Pulte was the home builder and Parex was the manufacturer. Pulte cross-claimed against Parex. Parex moves to dismiss the indemnification claim on the theory that there is no contract between the parties and therefore, no right to indemnification.

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.

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 ...

A typical example is an insurance company wherein the insurer or indemnitor agrees to compensate the insured or indemnitee for any damages or losses he/she may incur during a period of time.

Indemnity clauses will specify what types of loss or harm they cover, for example: all lawsuits, actions or proceedings, demands, damages and liabilities; all claims, liabilities, losses, expenses and damages arising from the contract; loss or damage or injury to property; and.

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.

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.

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Oklahoma Indemnity Provisions - Procedural Issues