This form provides boilerplate contract clauses that define the exclusivity or nonexclusivity of indemnity as a remedy under the terms of the contract agreement. Different language options for exclusivity and nonexclusivity are included.
Pennsylvania Indemnity Provisions — Exclusivity of Indemnity as a Remedy: In Pennsylvania, indemnity provisions hold significant importance in contractual agreements. Indemnity provisions serve as contractual clauses, outlining the responsibilities and obligations of parties involved in a contract, particularly in case of potential losses, damages, or liabilities. These provisions generally aim to shift the financial burden from one party to another, thus protecting them from potential risks. One crucial aspect of Pennsylvania indemnity clauses is the exclusivity of indemnity as a remedy. This means that, if a contract contains such a provision, parties typically agree that indemnification is the sole remedy available to them in the event of losses or liabilities. This provision restricts the non-indemnified party from seeking other legal remedies, such as suing for damages, unless explicitly stated otherwise in the agreement. Different types of Pennsylvania Indemnity Provisions — Exclusivity of Indemnity as a Remedy: 1. Unilateral indemnity: This type of indemnity provision arises when one party (the indemnity) agrees to indemnify the other party (the indemnity). In such cases, exclusivity of indemnity as a remedy means that the indemnity cannot pursue alternate remedies, such as filing a lawsuit, against the indemnity in case of losses or liabilities covered by the indemnity provision. 2. Mutual indemnity: This type of indemnity provision entails both parties agreeing to indemnify each other to a certain extent. Exclusivity of indemnity as a remedy in mutual indemnity provisions ensures that both parties waive their rights to pursue additional remedies, limiting their recourse solely to the indemnity clause in case of damages or liabilities. 3. Third-party indemnity: In some cases, a contract may include provisions where one party agrees to indemnify the other party against any claims made by a third party. Exclusivity of indemnity as a remedy in third-party indemnity provisions ensures that the non-indemnifying party cannot seek any other remedies against the indemnifying party unless explicitly mentioned in the agreement. It is worth noting that Pennsylvania courts interpret indemnity provisions strictly according to their wording and intent. Therefore, it is crucial for parties to draft these provisions carefully, ensuring they clearly define the scope, responsibilities, and limitations of indemnification. Also, parties may seek legal counsel to ensure that all relevant considerations are addressed in the indemnity provisions, as well as any potential exceptions to the exclusivity of indemnity as a remedy.
