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
Category:
State:
Multi-State
Control #:
US-OG-801
Format:
Word;
Rich Text
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How to fill out Indemnification Of Lessor?
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FAQ
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.