South Carolina Indemnification Agreement for Litigation
Description
How to fill out Indemnification Agreement For Litigation?
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FAQ
Indemnification ClausesMany government contracts use boilerplate provisions that require the contractor to indemnify the state or local government for liability and litigation costs arising out of performance. Some state laws limit the ability to shift responsibility for one's own negligent acts.
For the indemnifying party, the obligation to defend consists of both:An obligation. The indemnifying party must: Reimburse paid defense costs and expenses. Make advance payment for unpaid defense costs and expenses.A right. The indemnifying party has the right to assume and control the defense of the third-party suit.
Indemnification provisions are generally enforceable. There are certain exceptions however. Indemnifications that require a party to indemnify another party for any claim irrespective of fault ('broad form' or 'no fault' indemnities) generally have been found to violate public policy.
To indemnify another party is to compensate that party for losses that that party has incurred or will incur as related to a specified incident.
In an indemnity agreement, one party will agree to offer financial compensation for any potential losses or damages caused by another party, and to take on legal liability for whatever damages were incurred.
Indemnification provisions are generally enforceable. There are certain exceptions however. Indemnifications that require a party to indemnify another party for any claim irrespective of fault ('broad form' or 'no fault' indemnities) generally have been found to violate public policy.
Both North Carolina and South Carolina have anti-indemnity statutes.
Forty-five (45) states have enacted anti-indemnity statutes that limit or prohibit enforcing indemnification agreements in construction settings.
An anti-indemnity statute is a law defining how much risk can be transferred between parties in a contract and is oftentimes used in construction contracts. An anti-indemnity statute protects sub-contractors from risks they take on from a primary contractor.
Indemnity Agreements and Insurance Contracts. Indemnity is the obligation one party has to make good a loss or damage another party has incurred. An indemnitor is the party who is obligated to pay another.