South Carolina Surface Use Agreement (Contains Provisions Relative to Indemnity)

State:
Multi-State
Control #:
US-OG-1197
Format:
Word; 
Rich Text
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This form is a surface use agreement that contains provisions relative to indemnity, release of liability and allocation of risk.

South Carolina Surface Use Agreement (Contains Provisions Relative to Indemnity) is a legally binding document that outlines the rights and responsibilities of parties involved in surface use activities within the state of South Carolina. This agreement is specifically designed to address potential damages, liabilities, and indemnification related to surface use, ensuring protection and accountability for all parties involved. The South Carolina Surface Use Agreement establishes guidelines for various activities such as construction, excavation, drilling, mining, exploration, or any other surface disturbance that may occur on a particular property. This agreement aims to prevent disputes and conflicts by clearly defining the terms and conditions for surface use, indemnification, and liability limits. Key provisions commonly found in the South Carolina Surface Use Agreement include: 1. Description of Land: This section provides detailed information about the location, boundaries, and legal description of the land being utilized for surface activities. 2. Scope of Use: This provision outlines the specific activities permitted on the property and the limitations placed on such activities. It may discuss the duration of the surface use and any restrictions or conditions imposed by local or state authorities. 3. Indemnification: The agreement defines the responsibilities of each party related to indemnification. This provision ensures that the party responsible for any damage or injury caused during surface use activities holds the liability and obligation to compensate the affected party. Indemnification provisions generally include the obligation to defend, hold harmless, and indemnify against any losses or claims arising from the surface use. 4. Liability Limits: This section establishes the maximum liability amount that can be imposed on the party responsible for any damage, loss, or injury caused during surface use. Liability limits are set to prevent parties from incurring excessive financial burden or hardships resulting from surface activities. 5. Insurance Coverage: The agreement may require parties to obtain and maintain appropriate insurance coverage, including general liability insurance, environmental liability insurance, and workers' compensation insurance. This provision ensures that parties are financially prepared to handle potential risks and damages. Types of South Carolina Surface Use Agreements: — Oil and Gas Surface Use Agreement: Specifically tailored to surface activities related to the exploration, production, and extraction of oil and gas resources within South Carolina. — Mining Surface Use Agreement: Created for surface activities associated with mineral extraction, such as coal mining, limestone quarrying, or sand mining. — Construction Surface Use Agreement: Pertains to surface activities related to construction projects, such as building infrastructure, roads, or utility installations. Regardless of the specific type, a South Carolina Surface Use Agreement (Contains Provisions Relative to Indemnity) aims to establish clear guidelines and obligations for surface use activities while ensuring protection and accountability for all parties involved.

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An indemnification clause should clearly define the following elements: who are the indemnifying party and the indemnified party, what are the covered claims or losses, what are the obligations and duties of each party, and what are the exclusions or limitations of the indemnity.

Sample Intermediate Indemnification ?Consultant agrees to hold harmless and indemnify Client from any and all liability, arising out of Consultant's negligence, whether it be sole or in concert with others, in connection with performance of the services described herein.?

An indemnification clause should clearly define the following elements: who are the indemnifying party and the indemnified party, what are the covered claims or losses, what are the obligations and duties of each party, and what are the exclusions or limitations of the indemnity.

The obligation to indemnify requires the indemnifying party to: Reimburse the indemnified party for its paid costs and expenses, referred to as losses. Advance payment to the indemnified party for its unpaid costs and expenses, such as: Liabilities.

For example, A promises to deliver certain goods to B for Rs. 2,000 every month. C comes in and promises to indemnify B's losses if A fails to so deliver the goods. This is how B and C will enter into contractual obligations of indemnity.

Upon the occurrence of any Event for which you may become entitled to indemnity in ance with the above, the Company shall make available to you, from time to time, the amounts of money required to cover the various expenses and other payments involved in the handling of any legal proceedings against you in ...

How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. ... Draft the Indemnification Clause. ... Outline the Indemnification Period and Scope of Coverage. ... State the Indemnification Exceptions. ... Specify How the Indemnitee Notifies the Indemnitor About Claims. ... Write the Settlement and Consent Clause.

Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.

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This form is a surface use agreement that contains provisions relative to indemnity, release of liability and allocation of risk. Free preview. Nothing contained in this section shall affect a promise or agreement whereby the promisor shall indemnify or hold harmless the promisee or the promisee's ...An “indemnity clause” is “[a] contractual provision in which one party agrees to answer for any specified or unspecified liability or harm that the other party ... Nov 5, 2012 — Plaintiffs in personal injury litigation typically have financial obligations to hospitals and various other health care providers. by JC Gray Jr · 1990 · Cited by 10 — As early as 1853, South Carolina courts held that contracts of indemnity entitled the indemnitee to an action for recovery of payments made, costs, and interest ... Indemnity is compensation given to make another whole from a loss already sustained. It generally contemplates reimbursement by one person or entity of the. Make the steps below to complete Surface Use Agreement (Contains Provisions Relative to Indemnity) online quickly and easily: Sign in to your account. Log in ... Jan 12, 2021 — TO AMEND SECTION 32-2-10 OF THE 1976 CODE, RELATING TO HOLD HARMLESS CLAUSES IN CONSTRUCTION CONTRACTS, TO PROVIDE THAT CERTAIN INDEMNIFICATION ... ... complete five (5) days after the same shall have been so mailed. Nothing ... the other provision or agreement shall prevail with respect to said Dispute. (e). Our Supreme Court, in recognition of the freedom of private parties to contract as they choose, previously has upheld exculpatory contracts such as the one in ...

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South Carolina Surface Use Agreement (Contains Provisions Relative to Indemnity)