Kentucky Indemnification of Lessor

State:
Multi-State
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

An action for indemnification must be filed within 3 years from either judgment or settlement of the underlying claim.

Indemnification is the assumption of another party's liability under a contract, such as a lease. Therefore, under an indemnification clause, tenants typically agree to reimburse the landlord, or pay directly, ?all losses, claims, suits, liability, and expense? related to a liability situation.

In other words, the Indemnification Section specifies a statute of limitations (typically referred to as a Survival Period) for the claims that apply between the parties to the Purchase Agreement. 5-6 years if there isn't a specific statute of limitations under state law.

Liability limitation Indemnification clauses can limit the liability of one party, reducing their financial exposure in the event of a loss or damage. Limiting their liability reduces their financial exposure and protects them against potential losses.

The limit of indemnity (LOI) is the monetary amount of cover provided under a professional indemnity insurance policy and it's a policyholders responsibility to decide the amount which is adequate to fully protect their business.

Normally, the period is 6 years for an ordinary agreement, commencing from the date of the breach. It is critical to understand that the limitation period in relation to an indemnity clause starts from the date on which the indemnifier refuses to honour the indemnity.

Indemnity is a common law principle whereby a party seeks "restitution for damages he/she was required to pay for injuries sustained by another and which were entirely or primarily caused by the party against whom indemnity is sought." Degener v. Hall Contracting Corp., 27 S.W. 3d 775, 781-82 (Ky.

?The elements of a cause of action for indemnity are (1) a showing of fault on the part of the indemnitor and (2) resulting damages to the indemnitee for which the indemnitor is contractually or equitably responsible.? Expressions, supra, 86 Cal. App.

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Kentucky Indemnification of Lessor