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.
South Carolina Indemnification of Lessor
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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
?Indemnify,? on the other hand, means that if the landlord is sued by the injured customer, the tenant agrees to reimburse them for costs incurred as a result of the lawsuit. ?Defend,? however, means that tenant is responsible for defending the landlord from lawsuits.
The law of equitable indemnification allows recovery of expenses when the act of the wrongdoer involves the innocent defendant in litigation or places him in such relation with others as makes it necessary to incur expenses to protect his interest. See Addy v. Bolton, 257 S.C.
Under vicarious liability in South Carolina, if an employee harms another person, either intentionally or unintentionally, the employer may be responsible to pay for the personal injuries suffered.
To state a cause of action for equitable indemnity, a defendant need only allege that the harm for which it is being sued is attributable, at least in part, to the cross defendant.
Equitable indemnity principles govern the allocation of loss or damages among multiple tortfeasors whose liability for the underlying injury is joint and several. Equitable indemnity is designed to apportion liability among joint tortfeasors in direct proportion to their respective fault.
The right to indemnification may be implied by obligation of law in vicarious liability situations or created by express contract. Implied (or common law) indemnification exists where ?the law imposes liability on a party who has committed no actual wrong but who is held responsible for a loss ... ?
South Carolina's statute (S.C. Code § 32-2-10) invalidates only indemnification clauses that purport to require the Indemnitor to indemnify the Indemnitee for injuries or losses that result from the Indemnitee's sole negligence.
