Alabama Indemnification - Long-Form Provision

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Multi-State
Control #:
US-ND2307
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Description

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.

Alabama Indemnification — Long-Form Provision entails a detailed agreement between contracting parties in Alabama, outlining the extent and conditions under which one party (the indemnity) may seek indemnification from the other party (the indemnity) for losses, damages, or liabilities incurred during the performance of a contractual arrangement. This provision serves as a safeguard against potential financial risks and acts as a means of shifting responsibility and liability from one party to another. The Alabama Indemnification — Long-Form Provision may include various clauses and provisions, depending on the specific needs and nature of the agreement. Some different types of Alabama Indemnification — Long-Form Provisions include: 1. General Indemnification: This provision covers a broad range of potential liabilities and obligations, regardless of whether they arise directly or indirectly from the contract. It typically protects the indemnity from any claims, damages, losses, costs, or expenses resulting from the indemnity's actions, omissions, or negligence. 2. Defense and Indemnification: This type of provision not only requires the indemnity to indemnify the indemnity for any losses but also mandates the indemnity to provide a legal defense against any claims or lawsuits arising from the contractual relationship. The indemnity assumes the responsibility of hiring and paying for legal counsel to represent the indemnity in such cases. 3. Limited Indemnification: This provision sets specific limitations on the indemnity's liability. It may define a maximum amount for indemnification or exclude certain types of damages or losses from the indemnification obligation. This provision allows for a more balanced allocation of risks between the contracting parties. 4. Third-Party Indemnification: In certain agreements, one party may need protection against claims made by third parties due to the actions or negligence of the other party. This provision ensures that the indemnity takes responsibility for any legal claims brought by external parties as a result of the indemnity's actions or failure to act. The Alabama Indemnification — Long-Form Provision is a critical element of contracts in the state, as it establishes clear guidelines for allocating and protecting against potential liabilities and damages. Parties should carefully review and negotiate this provision to ensure that their interests and responsibilities are appropriately addressed.

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Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.

The Company shall indemnify and hold Employee harmless to the fullest extent permitted by the laws of the Company's state of incorporation in effect at the time against and in respect of any and all actions, suits, proceedings, claims, demands, judgments, costs, expenses (including advancement of reasonable attorney's ...

Upon the occurrence of any Event for which you may become entitled to indemnity in ance with the above, the Company shall make available to you, from time to time, the amounts of money required to cover the various expenses and other payments involved in the handling of any legal proceedings against you in ...

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.

How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. ... Draft the Indemnification Clause. ... Outline the Indemnification Period and Scope of Coverage. ... State the Indemnification Exceptions. ... Specify How the Indemnitee Notifies the Indemnitor About Claims. ... Write the Settlement and Consent Clause.

Letters of indemnity should include the names and addresses of both parties involved, plus the name and affiliation of the third party. Detailed descriptions of the items and intentions are also required, as are the signatures of the parties and the date of the contract's execution.

A typical example is an insurance company wherein the insurer or indemnitor agrees to compensate the insured or indemnitee for any damages or losses he/she may incur during a period of time.

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.

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“Though an indemnification clause does not eliminate a party's legal obligations stemming from a bodily injury or property damage loss, it does, if enforceable, ... All insurance shall be provided by insurers licensed in Alabama to provide ... This indemnification does not apply to the extent of the sole negligence of the.Dec 6, 2021 — Below is a sample indemnification clause, including deletions an Indemnitee might propose to increase the Indemnitor's liability: The purpose of this article is to assist transactional and litigation attorneys in the negotiation and drafting of customized, and therefore more effective, ... If the requesting department confirms that the quote must be signed prior to the goods and services being received, please forward it to contract management.. SEVERABILITY: If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect. by SM Phelps · Cited by 3 — By analyzing existing Alabama law on indemnity and offering suggestions on how theories of indemnity should operate to accommodate the modern products liability. All states allow limited indemnity provisions. (2) Intermediate: Subcontractor assumes responsibility for its own sole negligence or partial negligence. If the ... Aug 27, 2018 — For example, in Alabama, in contracts between private parties, an indemnity agreement is enforceable as long as the intention to indemnify is “ ... Jul 11, 2023 — A bill in front of the Alabama legislature's last session would have prohibited requiring indemnification for the sole negligence, wantonness, ...

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Alabama Indemnification - Long-Form Provision