Rhode Island Indemnification of Lessor

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US-OG-801
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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.

Rhode Island Indemnification of Lessor is a legal provision that is commonly included in lease agreements between a lessor (property owner/landlord) and a lessee (tenant). This provision serves to protect the lessor from any legal claims, damages, or liabilities that may arise during the occupancy of the leased property by the lessee. The Indemnification of Lessor clause in Rhode Island lease agreements ensures that the lessee takes on the responsibility of compensating the lessor for any losses or expenses incurred due to the lessee's actions or negligence during their tenancy. It transfers the financial burden from the lessor to the lessee, mitigating the risk for the lessor and providing them with a sense of security. In Rhode Island, there are different types of Indemnification of Lessor provisions that can be included in lease agreements. These variations may depend on the specific terms agreed upon by both parties and the nature of the leased property. Some commonly used types include: 1. General Indemnification: This type of indemnification clause places the responsibility on the lessee to indemnify and hold the lessor harmless from any claims, damages, or liabilities arising out of the lessee's use or occupation of the leased premises. It typically covers a broad range of situations. 2. Indemnification for Property Damage: This provision specifically focuses on indemnifying the lessor for damages caused to the leased property by the lessee or their guests. It may include compensation for repairs, replacements, or any other necessary actions to restore the property to its original condition. 3. Indemnification for Personal Injury: This type of indemnification clause protects the lessor from any legal claims or liabilities arising out of personal injuries or accidents that occur on the leased premises during the lessee's occupancy. It places the responsibility on the lessee to compensate the lessor for any medical expenses, legal fees, or other costs incurred due to such incidents. 4. Indemnification for Breach of Lease: This provision pertains to situations where the lessee violates any terms or conditions of the lease agreement. It holds the lessee responsible for indemnifying the lessor for any losses or damages suffered as a result of the breach, including but not limited to legal fees, eviction expenses, or any other financial consequences. It is important for both lessors and lessees in Rhode Island to thoroughly review and understand the Indemnification of Lessor clause in their lease agreements before signing. Seeking legal advice from an attorney specializing in real estate law can help ensure that the terms and conditions are fair, balanced, and properly protect the interests of both parties.

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Indemnified parties with a lot of negotiating power may seek indemnification for their own negligence and insist that the exception apply only to gross negligence. While this is not against public policy, it is unusual in commercial contracts and is typically limited to certain industries such as construction.

Parties are free to ?bargain against liability for harm caused by their ordinary negligence in performance of contractual duty.?2 Nevertheless, courts will not enforce an exemption from liability if it applies to ?harm willfully inflicted or caused by gross or wanton negligence.?

If these statutes are not involved, one can be indemnified for one's own negligence or strict liability provided the indemnity contract or provision is clear and explicit to the effect that the parties intended the indemnitee to be indemnified against its own negligence or strict liability.

?Where one who has committed no actual wrong is held vicariously liable for the wrongdoing of another, he has a right to indemnification from the actual wrongdoer.? Id.

"The Indemnifying Party is not obligated to indemnify the Indemnified Party for any claim arising out of the Indemnified Party's negligence or a more culpable act or omission, including recklessness or willful misconduct."

A provision stating that a party would indemnify another against liability regardless of the cause or causes of an accident has been held to be broad enough to cover the indemnitee's own negligence in so ruling.

Some courts hold that broad form or ?no fault? indemnifications, which are blind to fault on the part of either party, violate public policy. Most states do not permit a party to indemnify or waive gross negligence, recklessness, or intentional misconduct.

Limited Liability There are certain acts that parties cannot limit liability for, such as instances of gross negligence, fraud, willful injury to persons or property, or violations of law whether the violations of law were intentional or not.

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The Company agrees that if the Executive hereafter secures the consent of the landlord ... the State of Rhode Island, without regard to its conflict of law ... ... in connection with the lease or use of the above named meeting area by the. Lessee unless the damage is caused by the Town of Barrington. STATE OF RHODE ISLAND.Aug 9, 2006 — “the Lessee shall protect, indemnify and save harmless the Lessor from and against any and all ... entitled to complete indemnification from the ... Rhode Island.... 52. South Carolina. .53. South Dakota....... .......54 ... involving a lease agreement where the lessor agreed to indemnify the lessee against " ... This Agreement is entered into by and between a lessor and a lessee. The lessor leases to the lessee a site for placement of a metal guide radio tower ... Sep 3, 2014 — Liability where lien is not honored. Any insurance carrier making any payment to the owner, his or her representative, or assignee as ... Creation, membership, and terms of the Rhode Island ... Provided, however, that neither the state nor the corporation shall indemnify any commissioner, officer, ... property filed within the statute of repose may file an indemnity claim ... 1980). RHODE ISLAND. Contribution: A joint tortfeasor who enters into a settlement ... cover any claim made against the lessor for damages, no matter where on the ... In Rhode Island, the right of indemnity may be created expressly or implied by a. landlord, the Architect and the Architect's Consultants as additional insureds ... RHODE ISLAND. X. Construction. Contracts or. Agreements. R.I. Gen. Law § 6-34-1.

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Rhode Island Indemnification of Lessor