Virginia Putting It All Together - Indemnification Provisions

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Multi-State
Control #:
US-ND1015
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This form brings together several boilerplate contract clauses that work together to outline the procedures, restrictions, exclusivity and other aspects of an indemnity provided for under the terms of the contract agreement. Both short and detailed examples are provided to suit individual needs and circumstances.

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FAQ

Each party shall indemnify the other party from any and all claims, causes of action, suits, damages or demands whatsoever, arising out of any breach of this agreement by the indemnifying party.

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. Claims. Indemnification Clauses in Commercial Contracts Thomson Reuters Legal Solutions ? insights ? articles Thomson Reuters Legal Solutions ? insights ? articles

?The elements of a cause of action for indemnity are (1) a showing of fault on the part of the indemnitor and (2) resulting damages to the indemnitee for which the indemnitor is contractually or equitably responsible.? Expressions, supra, 86 Cal. App. Indemnity and Contribution Claims | Los Angeles Insurance Lawyers lalitigationlawyers.com ? indemnity-and-con... lalitigationlawyers.com ? indemnity-and-con...

Many indemnity clauses also include an obligation to defend against third-party claims. This includes the requirement to pay for legal defense fees and expenses, including attorney fees. The indemnifying party generally maintains the right to control the legal defense against the third-party claim. Indemnity Clauses: What You Need to Know - Clio clio.com ? blog ? indemnity-clause clio.com ? blog ? indemnity-clause

Most indemnification provisions require the indemnifying party to "indemnify and hold harmless" the indemnified party for specified liabilities. In practice, these terms are typically paired and interpreted as a unit to mean "indemnity."

Indemnity clauses will specify what types of loss or harm they cover, for example: all lawsuits, actions or proceedings, demands, damages and liabilities; all claims, liabilities, losses, expenses and damages arising from the contract; loss or damage or injury to property; and.

1) The indemnifier will have to pay damages which the indemnity holder will claim in a suit. 2) The indemnity holder can even compel the indemnifier to pay the costs he incurs in litigating the suit. 3) If the parties agree to legally compromise the suit, the indemnifier has to pay the compromise amount. Contract of Indemnity - Toppr toppr.com ? guides ? indian-contract-act-1872 toppr.com ? guides ? indian-contract-act-1872

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Virginia Putting It All Together - Indemnification Provisions