Franklin Ohio Indemnity Against Loss Resulting from Lost or Mislaid Deed

State:
Multi-State
County:
Franklin
Control #:
US-01865BG
Format:
Word; 
Rich Text
Instant download

Description

An agreement should indemnify the indemnitee against any lawful claim by any other party on account of the lost instrument, and against all costs and expenses by reason of the claim. The agreement should be sufficient in amount to cover the instrument and reasonable expenses connected with a claim against the agreement. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Consequential Damages consequential damages are an indirect result of a direct loss. Lost profit, lost rents, and lost business opportunities are examples of consequential damages that could be incurred as a result of a direct physical loss to property.

A waiver of consequential damages is often mutual, applicable to both owner and contractor. Having a waiver in place means that recovery of damages, such as reduced business, lost profits, increased overhead and the like will not be available. A good thing given how serious such damages could become.

Commonly, consequential damages include property damage, personal injury, attorneys' fee, lost profits, loss of use, liability of buyer to customers, loss of goodwill, interest on money withheld by customers, and damages related to third party claims.

Mutual waivers of consequential damages are fine, but they are not sufficient. Your waiver should articulate the specific categories of damages you wish to avoid, whether anyone might consider them consequential or not.

Disclaimers typically include lost profits as a component of consequential damages. 13 If the damages could be classified as direct damages, the disclaimer would fail to protect the seller. Some courts have concluded that all lost profits claims are for consequential damages.

Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract.

However, a claim by a third party (and the defense of such claim) is likely to be classified as a consequential damage as to the indemnified party. As such, an indemnity can be overridden by a consequential damage disclaimer that does not properly carve out third party claims. First party negligence and misconduct.

Commonly, consequential damages include property damage, personal injury, attorneys' fee, lost profits, loss of use, liability of buyer to customers, loss of goodwill, interest on money withheld by customers, and damages related to third party claims.

Consequential Damages consequential damages are an indirect result of a direct loss. Lost profit, lost rents, and lost business opportunities are examples of consequential damages that could be incurred as a result of a direct physical loss to property.

When an anticipatory repudiation of a contract occurs, the non-breaching party may do any of the following except: a. do nothing and wait for performance per the contract.

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Franklin Ohio Indemnity Against Loss Resulting from Lost or Mislaid Deed