South Carolina Indemnity Provisions - Duration of the Indemnity

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US-ND1009
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This form provides boilerplate contract clauses that outline the duration of any indemnity under the contract agreement, particularly for tax or environmental claims.

South Carolina Indemnity Provisions — Duration of thIndemnityty provisions are an important aspect of contracts and agreements, ensuring that one party assumes responsibility for certain losses or damages incurred by the other party. In South Carolina, indemnity provisions can vary in terms of duration, providing different levels of protection and potential liabilities for the parties involved. One type of South Carolina indemnity provision is a "limited-duration indemnity." This provision specifies a specific time frame during which the indemnity (the party assuming the responsibility) will be liable for any losses or damages suffered by the indemnity (the party being protected). For example, if a construction company enters into a contract with a subcontractor, they may include a limited-duration indemnity provision that states the subcontractor will be responsible for any damages caused by their work for a period of one year from the completion of the project. Another type of South Carolina indemnity provision is a "perpetual indemnity." This provision extends the duration of the indemnity indefinitely, with no specified end date. Perpetual indemnity provisions are often seen in contracts that involve ongoing services or long-term agreements, such as lease agreements or maintenance contracts. For instance, in a lease agreement between a landlord and a tenant, a perpetual indemnity provision might be included to ensure the tenant is responsible for any damages or liabilities that occur throughout the entire duration of the lease. It is important to note that the specific terms and language used in South Carolina indemnity provisions may vary depending on the nature of the contract and the parties involved. These provisions should always be carefully reviewed and drafted by legal professionals to ensure they accurately reflect the intentions of the parties and comply with South Carolina law. In summary, South Carolina indemnity provisions regarding the duration of the indemnity can be categorized into limited-duration indemnities and perpetual indemnities, with each providing different levels of protection and potential liabilities for the parties involved. These provisions should always be carefully reviewed and executed to ensure clarity and compliance with South Carolina law.

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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.

Upon the occurrence of any Event for which you may become entitled to indemnity in ance with the above, the Company shall make available to you, from time to time, the amounts of money required to cover the various expenses and other payments involved in the handling of any legal proceedings against you in ...

Typically, an indemnity period will have a time limit stated within the policy, such as 12, 24, or 36 months. The payment of the indemnity insurance would be in the form of cash or payments to the parties who are owed money as a result of a claim.

How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. ... Draft the Indemnification Clause. ... Outline the Indemnification Period and Scope of Coverage. ... State the Indemnification Exceptions. ... Specify How the Indemnitee Notifies the Indemnitor About Claims. ... Write the Settlement and Consent Clause.

Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.

Indemnifications, or ?hold harmless? provisions, shift risks or potential costs from one party to another. One party to the contract promises to defend and pay costs and expenses of the other if specific circumstances arise (often a claim or dispute with a third party to the contract).

Example of Indemnity in Business If the building sustains significant structural damages from fire, then the insurance company will indemnify the owner for the costs to repair by way of reimbursing the owner or by reconstructing the damaged areas using its own authorized contractors.

For example, in the case of home insurance, the homeowner pays insurance premiums to the insurance company in exchange for the assurance that the homeowner will be indemnified if the house sustains damage from fire, natural disasters, or other perils specified in the insurance agreement.

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Indemnity. The term “indemnity” means “[a] duty to make good any loss, damage, or liability incurred by another.” Black's Law Dictionary (9th ed. 2009). by JC Gray Jr · 1990 · Cited by 10 — A. Statutory Provisions Governing Contractual Indemnity. South Carolina statutorily prohibits any provision in building and construction contracts purporting ...Jan 2, 2019 — The indemnity clause is a risk-shifting provision that requires the contractor to defend, reimburse, and “hold harmless” the owner and architect ... Dec 6, 2021 — Below is a sample indemnification clause, including deletions an Indemnitee might propose to increase the Indemnitor's liability: Jan 17, 2018 — Today we're looking at the indemnification clause, which was the subject in a recent case before the South Carolina Court of Appeals. The Court ... The obligation of Agent to so indemnify the Company is expressly contingent upon the Company's notifying the Agent, in writing, within seven (7) calendar days ... Sep 2, 2014 — An indemnity contract obligates one party (the indemnitor) to reimburse another party (the indemnitee) for a loss suffered and to save him ... A contract will not be construed to indemnify the indemnitee against losses resulting from its own negligence unless such intention is. A Practice Note discussing indemnification and defense provisions in commercial contracts. This Note defines indemnification and explains how parties often ... (b) Indemnitee may deliver to the Company a written application to indemnify, hold harmless or exonerate Indemnitee in accordance with this Agreement. Such ...

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South Carolina Indemnity Provisions - Duration of the Indemnity