Texas Indemnities
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FAQ
Texas Insurance Code § 151.102 and Indemnity in Texas Indemnity clauses are contractual provisions that commit one party to compensate the other for losses arising out of a commercial contract.
Now, in Texas, a party can, by contract, provide for indemnity for one's sole negligence, concurrent negligence or comparative negligence so long as that intent is properly set forth within the agreement.
In the indemnity clause, one party commits to compensate another party for any prospective loss or damage. More common is in insurance contracts, in exchange for premiums paid by the insured to the insurer, the insurer offers to compensate the insured for any potential damages or losses.
TEXAS ANTI-INDEMNITY ACT Prohibits and makes void broad form and intermediate form indemnity agreements (claims involving the sole or concurrent negligence of indemnitee) for construction projects, if the Act applies to your contract.
In legal terms, an Act of Indemnity is a statute passed to protect people who have committed some illegal act which would otherwise cause them to be subjected to legal penalties.
Indemnification in Contracts They reduce the legal hurdles to recover more. Generally speaking, they're easier to enforce because the indemnity creates an express remedy in the contract for payment of money: for a breach of a contractual promise: a warranty, innominate term or a condition.
Unless the Texas Legislature by resolution permits a suit against the State, the State is not authorized to pay claimants and likewise is unable to indemnify a third party for the expenses associated with defending against such a claimant since such an indemnity would be an unauthorized grant of public monies to the ...
Since a party might not become aware of these claims until after the contract termination, those indemnification provisions should survive termination. That way, a party faced with a claim months after contract termination still can pursue indemnification from the other party.
