Palm Beach Florida Indemnification of Lessor

State:
Multi-State
County:
Palm Beach
Control #:
US-OG-801
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Indemnity is defined by statute in California as ?a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of some other person.?1 In other words, one party (known as the indemnitor) agrees to be responsible for certain liabilities of another party (known as

Thus, indemnification clauses or indemnification provisions are very powerful agreements, because one party basically surrenders their legal right to sue the other party. Most indemnification clauses will only apply one way- that is, only one party gives up their right to sue the other.

An indemnity or guarantee provides the Landlord with an additional financial resource to tap into if the Tenant is not able to meet its obligations under the lease.

An indemnity agreement is a contract that protects one party of a transaction from the risks or liabilities created by the other party of the transaction. Hold harmless agreement, no-fault agreement, release of liability, or waiver of liability are other terms for an indemnity agreement.?

To indemnify another party is to compensate that party for losses that that party has incurred or will incur as related to a specified incident.

Indemnification is a legal agreement by one party to hold another party blameless ? not liable ? for potential losses or damages. It is similar to a liability waiver but is usually more specific, applicable only to particular items, circumstances, or situations, or in regard to a particular contract.

What is ?indemnification?? ? a party's agreement to pay the liability, and in some cases, the defense costs and damages, of the other party if a claim is asserted by a third party. In a lease, a landlord permits an unrelated party, the tenant, to do business in and have control over space owned by the landlord.

What is ?indemnification?? ? a party's agreement to pay the liability, and in some cases, the defense costs and damages, of the other party if a claim is asserted by a third party. In a lease, a landlord permits an unrelated party, the tenant, to do business in and have control over space owned by the landlord.

Most states hold that indemnity provisions are enforceable as written. These clauses will likely be construed in accordance with the rules of construction that apply to contracts generally. However, the freedom to contract will be limited by Courts who will disallow contracts in contravention of public policy.

Indemnification provisions are generally enforceable. There are certain exceptions however. Indemnifications that require a party to indemnify another party for any claim irrespective of fault ('broad form' or 'no fault' indemnities) generally have been found to violate public policy.

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Palm Beach Florida Indemnification of Lessor