This form provides boilerplate contract clauses that restrict or limit the dollar exposure of any indemnity under the contract agreement. Several different language options are included to suit individual needs and circumstances.
Montana Indemnity Provisions refer to the contractual agreements between parties involved in a transaction or business venture that outline the responsibility to compensate for losses, damages, or claims. In particular, the Dollar Exposure of the Indemnity provisions focuses on the financial limits associated with indemnity obligations related to Baskets, Caps, and Ceilings. Baskets: In Montana Indemnity Provisions, Baskets are predetermined thresholds or limits that define the minimum amount of losses or damages before indemnification obligations come into effect. These provisions establish a baseline below which the party seeking indemnification cannot make a claim. Different types of Baskets in Montana Indemnity Provisions may include: 1. Deductible Baskets: These are fixed thresholds where the indemnity obligations start only when the losses exceed this predetermined amount. For example, if the Deductible Basket is $10,000, the indemnification would only apply if the losses exceed this threshold. 2. Tipping Baskets: Tipping Baskets operate similar to Deductible Baskets, but once the threshold is crossed, indemnification becomes retroactive to the full amount of losses incurred. For instance, if the Tipping Basket is $10,000, and losses amount to $12,000, the indemnification would cover the entire $12,000, not just the excess above $10,000. Caps: Caps in Montana Indemnity Provisions set the upper limit or maximum liability that one party can be held responsible for under indemnification, regardless of the actual losses or damages suffered. If the indemnity provision includes a cap at $100,000, the maximum amount that can be claimed under indemnification would be $100,000, even if the actual losses amount to $150,000. Ceilings: Ceilings serve a similar purpose to caps and restrict the total liability for indemnification but specifically within certain categories or types of losses or damages. For instance, a Montana Indemnity Provision may set a ceiling of $200,000 for property damage claims, while having a separate ceiling of $300,000 for personal injury claims. It is important to note that the specific types and variations of Baskets, Caps, and Ceilings may vary depending on the contract or agreement, and legal advice is recommended to ensure accurate interpretation and implementation. These indemnity provisions aim to protect parties involved in a transaction by allocating risks and defining financial boundaries to manage potential losses or damages.Montana Indemnity Provisions refer to the contractual agreements between parties involved in a transaction or business venture that outline the responsibility to compensate for losses, damages, or claims. In particular, the Dollar Exposure of the Indemnity provisions focuses on the financial limits associated with indemnity obligations related to Baskets, Caps, and Ceilings. Baskets: In Montana Indemnity Provisions, Baskets are predetermined thresholds or limits that define the minimum amount of losses or damages before indemnification obligations come into effect. These provisions establish a baseline below which the party seeking indemnification cannot make a claim. Different types of Baskets in Montana Indemnity Provisions may include: 1. Deductible Baskets: These are fixed thresholds where the indemnity obligations start only when the losses exceed this predetermined amount. For example, if the Deductible Basket is $10,000, the indemnification would only apply if the losses exceed this threshold. 2. Tipping Baskets: Tipping Baskets operate similar to Deductible Baskets, but once the threshold is crossed, indemnification becomes retroactive to the full amount of losses incurred. For instance, if the Tipping Basket is $10,000, and losses amount to $12,000, the indemnification would cover the entire $12,000, not just the excess above $10,000. Caps: Caps in Montana Indemnity Provisions set the upper limit or maximum liability that one party can be held responsible for under indemnification, regardless of the actual losses or damages suffered. If the indemnity provision includes a cap at $100,000, the maximum amount that can be claimed under indemnification would be $100,000, even if the actual losses amount to $150,000. Ceilings: Ceilings serve a similar purpose to caps and restrict the total liability for indemnification but specifically within certain categories or types of losses or damages. For instance, a Montana Indemnity Provision may set a ceiling of $200,000 for property damage claims, while having a separate ceiling of $300,000 for personal injury claims. It is important to note that the specific types and variations of Baskets, Caps, and Ceilings may vary depending on the contract or agreement, and legal advice is recommended to ensure accurate interpretation and implementation. These indemnity provisions aim to protect parties involved in a transaction by allocating risks and defining financial boundaries to manage potential losses or damages.
