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By Practical Law Property. This practice note looks at issues that may arise when drafting and negotiating a clause in a commercial lease under which the tenant agrees to indemnify the landlord against any loss or damage caused by a breach of the tenant's covenants or its actions or omissions.
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.
An indemnity agreement is a contract that protect one party of a transaction from the risks or liabilities created by the other party of the transaction. Hold harmless agreement, no-fault agreement, release of liability, or waiver of liability are other terms for an indemnity agreement.200c
Indemnification clauses are clauses in contracts that set out to protect one party from liability if a third-party or third entity is harmed in any way. It's a clause that contractually obligates one party to compensate another party for losses or damages that have occurred or could occur in the future.
The vast majority of Leases will contain a covenant by a tenant to indemnify the landlord in relation to any loss caused to the landlord as a result of a breach of covenant by the tenant.
An indemnity contract is a legal arrangement between two parties in which one party agrees to pay another party for a loss or harm that meets certain requirements and conditions unless other circumstances are specified.
Primary Renter means the renter that has filled out the primary renter section of the vacation rental agreement and is responsible for all communication with property manager/owner on behalf of the Group.
An indemnity clause is a promise by one party (the indemnifying party) to be responsible for and cover the loss of the other party (the indemnified party) in circumstances where it would be unfair for the indemnified party to bear the loss. In this way, an indemnity clause is a risk management tool.
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.
An indemnity clause is an important element of a contract as it allocates the risk for claims for loss or damage between contracted parties. If one of the parties suffers a loss, the other party will need to reimburse them if indemnities are present in the contract drafting.