This is a Contractor Indemnification form, to be used across the United States. It is used to protect yourself against lawsuits by a Contractor's Employees.
Virgin Islands Contractor Indemnification
Category:
State:
Multi-State
Control #:
US-CGMCA-19
Format:
Word;
Rich Text
Instant download
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FAQ
A typical indemnity clause in a subcontractor agreement for a construction project may say something like: ?Subcontractor agrees to indemnify and hold harmless Contractor for and against any and all claims arising out of the work Subcontractor performs pursuant to this Agreement.?
Indemnification clauses are contractual provisions that require one party (the ?Indemnitor?) to indemnify another party (the ?Indemnitee?) for losses that the Indemnitee may suffer. In prime contracts, the owner usually is the Indemnitee and the contractor is the Indemnitor.
With respect to the scope of an indemnity clause, an IC will typically agree to cover any third party claims arising in connection with the death or injury of a person, damage to property, or breach of the agreement as a result of the actions or inactions of the IC or its representatives and employees.
In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party's actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
A contractor's right to seek indemnification from a subcontractor is subject to the following limitations: The contractor must be entirely without fault. The contractor must have an obligation to pay someone else because of some type of derivative or vicarious liability for the actions of the subcontractor.
Example: Indemnify and Hold Harmless Clause The supplier agrees to indemnify and hold harmless the customer against all claims arising in respect of any injury, death, sickness or ill-health caused to or suffered by the customer and its personnel as a result of performance or non-performance of this Agreement.
Limitation of Liability Under no circumstances shall Company be liable to Contractor for any lost profits, indirect, consequential, incidental, or punitive damages for any claims arising out of this Agreement or the breach of this Agreement, whether such claims sound in tort, contract, or otherwise.
The Contractor shall assume full liability for any damages to any public property or private property that is due to the negligence of the Contractor, its Subcontractors, agents, permittees or assigns in the performance of this Agreement.