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Idaho 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.

Idaho's indemnity provisions refer to clauses or provisions included in legal contracts or agreements that outline the terms and conditions regarding indemnity. Specifically, the "Exclusivity of Indemnity as a Remedy" provision focuses on the exclusivity of the indemnity remedy in case of any breach or damage. In Idaho, various types of indemnity provisions exist, each serving a specific purpose. Some different types of Idaho indemnity provisions related to the exclusivity of indemnity as a remedy are: 1. Contractual Indemnity Provision: This type of provision is commonly found in contracts where one party agrees to indemnify and hold harmless the other party from any claims, damages, or losses arising out of the contract. It ensures that the indemnity remedy is the sole remedy available to the injured party. 2. Mutual Indemnity Provision: In some cases, both parties may agree to mutually indemnify each other for any claims or liabilities arising out of the contract. This provision emphasizes the exclusivity of indemnity as the remedy for both parties, providing equal protection to all parties involved. 3. Limited Indemnity Provision: This type of provision limits the scope or extent of indemnity, restricting it to specific types of damages or losses. It specifies the circumstances under which indemnity can be sought and excludes other forms of remedies, emphasizing the exclusivity of the indemnity remedy. 4. Tort-Based Indemnity Provision: In certain situations, Idaho indemnity provisions may go beyond contractual agreements and include tort-based indemnity. This provision allows one party to seek indemnification for damages caused by the negligence or wrongful conduct of another party. It highlights the exclusivity of indemnity as a remedy for tort-related claims. 5. Partial Indemnity Provision: Under this provision, one party agrees to indemnify the other party only for a portion of the damages or losses incurred. It outlines the specific amount or percentage of indemnification, making it exclusive as a remedy for the agreed-upon portion while excluding other forms of compensation. In conclusion, Idaho indemnity provisions, specifically the "Exclusivity of Indemnity as a Remedy," play a crucial role in defining the terms and conditions related to indemnification in legal contracts or agreements. Different types of indemnity provisions exist, such as contractual indemnity, mutual indemnity, limited indemnity, tort-based indemnity, and partial indemnity, each presenting specific scenarios and limitations where indemnity serves as the exclusive remedy.

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FAQ

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.

In an Exclusive Remedy Clause (the ?Clause?), the parties to a merger agree that the indemnification provisions included in the merger agreement are the exclusive remedy for causes of action arising from the merger, the merger agreement, and the terms therein.

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.

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.

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.

California's workers' compensation laws generally provide that workers' compensation is the exclusive remedy against an employer for an employee's injury or death that arises during the course and scope of employment.

Workers' compensation is often considered the "exclusive remedy" for job-related injuries because it generally gives employers immunity from lawsuits in exchange for coverage of medical costs, missed work, and other injury-related expenses.

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.

More info

Indemnification is a contractual obligation by one party to pay or compensate for the losses or damages or liabilities incurred by another party to the contract ... 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 ...Indemnity is compensation given to make another whole from a loss already sustained. It generally contemplates reimbursement by one person or entity of the. Contractor agrees to provide County with the facilities, equipment and facilities necessary to maintain and perform the official duties of the. Coroner, as set ... Aug 9, 2023 — Indemnifications, or hold harmless provisions, shift risks or potential costs from one party to another. View a sample indemnification ... Feb 19, 1992 — The trial court ruled that because of this independent negligence the indemnification clause in the contract between GTNW and Orton was void and ... The true purpose of contractual indemnification is to provide one party. (such as a buyer) with a clear contractual remedy for recovering post-closing monetary ... The aggregate indemnity for all persons indemnified in connection with each nuclear incident shall not exceed $500,000,000 excluding costs of investigating and ... Address how the indemnified party is to provide notice of an indemnification claim. The provision should define at what point the time period for providing ... by E Fischer · 1981 · Cited by 29 — Indemnity is the basis and foundation of insurance coverage not to exceed the amount of the policy, the objective being that the insured should neither reap ...

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Idaho Indemnity Provisions - Exclusivity of Indemnity as a Remedy