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Connecticut Indemnity Provisions - Exclusivity of Indemnity as a Remedy

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US-ND1012
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This form provides boilerplate contract clauses that define the exclusivity or nonexclusivity of indemnity as a remedy under the terms of the contract agreement. Different language options for exclusivity and nonexclusivity are included.

Connecticut Indemnity Provisions — Exclusivity of Indemnity as a Remedy Indemnity provisions play a crucial role in contracts and legal agreements, protecting parties from potential financial losses or liabilities. In Connecticut, indemnity provisions are governed by specific laws, including the Exclusivity of Indemnity as a Remedy provision. This provision outlines the unique characteristics of indemnity as a remedy and its exclusive application in certain circumstances. The Exclusivity of Indemnity as a Remedy provision in Connecticut emphasizes that indemnity acts as the sole remedy for any claims, damages, or losses arising from a particular contract or agreement. Under this provision, the party seeking indemnification must rely solely on this remedy instead of pursuing other legal actions or remedies. There are different types of Connecticut Indemnity Provisions — Exclusivity of Indemnity as a Remedy that vary based on the nature of the agreement and the parties involved. These may include: 1. General Indemnity Provisions: These provisions are typically found in contracts where one party agrees to indemnify the other party against any claims, damages, or liabilities arising from certain actions, events, or situations. 2. Specific Indemnity Provisions: In some cases, the indemnity provision may be limited to specific risks or liabilities. For example, a contract may specify that one party will only be indemnified for damages resulting from a particular breach of contract. 3. Mutual Indemnity Provisions: In certain agreements, both parties may agree to indemnify each other, creating a mutual indemnity provision. This ensures that each party is protected from potential losses or liabilities caused by the other party's actions or omissions. 4. Limited Indemnity Provisions: In specific situations, the indemnity provision may be limited in its scope or duration. For example, a contract may state that one party's indemnification obligations are only applicable for a certain period of time or up to a certain monetary limit. Connecticut Indemnity Provisions — Exclusivity of Indemnity as a Remedy are designed to provide clarity and certainty in contractual relationships. They ensure that parties entering into agreements understand the limitations and exclusivity of indemnification as a remedy. It is important for individuals and businesses in Connecticut to consult legal professionals to draft comprehensive indemnity provisions that comply with the state's laws and meet their specific needs, thereby safeguarding their interests.

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FAQ

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.

To the fullest extent permitted by law, the indemnification provided in this Section 7, subject to the limitations set forth herein, shall be the exclusive remedy for damages available to any Indemnified Party.

Essentially, exclusive remedy provisions restrict a party's available remedies for specified claims to the remedies set out in the contract and exclude the party from seeking other types of remedies for that action.

The exclusive remedy provision in a workers' compensation insurance policy states that a worker cannot sue an employer for a work-related injury as long as they are receiving benefits from workers' comp.

The Exclusive Remedy clause reduces the amount a party may owe for a breach of a representation, warranty or covenant by making the negotiated indemnification provisions the exclusive remedy for causes of action arising from the acquisition.

For example, if the parties agree that the client can only claim a refund, as the sole and exclusive remedy, for a vendor's violation of warranties, then the client could only claim a refund should the vendor fail to respect the warranties.

It's an additional promise which applies over and above an ordinary claim for damages for breach of contract. They recompense the indemnified person for any loss or liability which one person incurs against specified events within the terms of the indemnity.

More info

Jan 5, 2021 — As the name suggests, an EOR provision means that the right to indemnification provided under the M&A agreement is the parties' exclusive remedy ... Mar 26, 2018 — Indemnification Provisions. As the name suggests, an indemnification as an exclusive remedy provision means that the right to indemnification ...As discussed below, one should also be aware that agreements may limit remedies in some fash- ion, e.g., the contractual indemnity may be the ex- clusive remedy ... The workers' compensation law is an employee's exclusive remedy against his employer and his fellow employees for all personal injuries that arise out of and in ... In the Connecticut Law Journal of July 13, 2021, certain rules pertaining to ... indemnity for the loss and the third party elects to settle a matter without. The rights to indemnification and advances provided by this Agreement shall not be deemed exclusive of any other rights to which the Indemnified Party may now ... Sep 7, 2023 — Does the indemnification provision apply to claims for a party's own negligence? State laws differ with respect to their treatment of ... by AJ Gallogly · 2010 · Cited by 1 — At common law, indemnification is an equitable remedy that ultimately shifts the entire responsibility for damages from a party who, solely by operation of law, ... Aug 9, 2023 — ... clauses because of the disparate interpretations and treatment by courts. Some courts interpret “hold harmless” as duplicative of “indemnify. Aug 16, 2019 — Defense and indemnity clauses are routine devices used in construction contracts to shift responsibility for potential risks from one ...

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Connecticut Indemnity Provisions - Exclusivity of Indemnity as a Remedy