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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.?
Indemnification clauses are generally enforceable, but there are important qualifications.
Insurance ? The indemnification agreement typically will require that the company provide D&O liability insurance that protects the indemnitee to the same extent as the most favorably insured of the company's and its affiliates' current directors and officers.
Tips for Enforcing Indemnification Provisions Identify Time Periods for Asserting Indemnification Rights. ... Provide Notice in a Timely Fashion. ... Notify All Concerned Parties. ... Understand Limitations on Recovery. ... Exclusive Remedy. ... Scope of Damages. ... Claims Process/Dispute Resolution.
An indemnity is a primary obligation; it does not depend on having to prove a breach of a contractual obligation. This offers a number of advantages over bringing a damages claim for a breach of contract: An indemnity will typically be triggered by losses being incurred, without the need to prove any "fault".
A contract of indemnity can be invoked ing to its terms like the express promise. Damages, legal costs of judgement, the amount paid under the terms of the agreement are some of the claims which Indemnity holder can include in its claims.
A letter of indemnity (LOI) is a legal agreement that renders one or both parties to a contract harmless by some third party in the event of a delinquency or breach by the contracted parties. In other words, the party or parties are indemnified against a possible loss by some third party, such as an insurance company.
It's a legally binding promise to protect another person against loss from an event or series of events: they are indemnified and protected from liability. Sometimes, indemnities are implied into the terms of contracts automatically, due to the nature of the legal relationship between the two parties.