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What Is an Indemnification Clause? An indemnification clause is a legally binding agreement between two parties specifying that one party (the indemnifying party) will compensate the other party (the indemnified party) for any losses or damages that may arise from a particular event or circumstance.
The language, ?[t]o the fullest extent permitted by law,? is intended to protect the indemnity clause from being disregarded by a court or arbitrator in the event that the clause is found to be more protective than what is permitted under the law.
Indemnification clauses are exceedingly common in many contracts, but what you should pay close attention to is the scope of your indemnification agreement. Generally, you should only agree to pay for losses arising from your own actions and not the other party's actions.
Limited indemnification clauses require the Indemnitor to indemnify the Indemnitee only to the extent the Indemnitee's injuries and losses were caused by the Indemnitor. Many states have adopted statutes limiting the enforceability of indemnification clauses.
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 ... ? Id.
Extent of liability in Contract of Indemnity. Section 125 lays down the extent of liability or the rights available to the indemnity-holder. The promisor shall be liable in any event whether or not the promisee makes default.
Indemnification is the right to be reimbursed for money paid out of pocket to solve a problem caused by the other party to a contract. In an agency-client relationship, indemnification clauses give clients legal reassurance that they won't be on the hook for certain mistakes made by an agency.
Tennessee courts recognize a common law cause of action for indemnity based on the principle that a person should bear responsibility for his own wrongdoing. Tennessee courts will impose an implied obligation to indemnify when either: The obligation is a necessary element of the parties' relationship.