Virginia 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.

Virginia Indemnity Provisions — Duration of the Indemnity Virginia indemnity provisions refer to clauses included in legal contracts to provide protection against potential losses or damages. These provisions specify the responsibilities and obligations of the parties involved in the contract and designate who will bear the financial burden in the event of a breach or loss. One important aspect of indemnity provisions is the duration, which outlines the timeframe during which one party remains liable for indemnification. There are several types of Virginia indemnity provisions regarding the duration: 1. Limited Duration Indemnity Provisions: These provisions establish a specific timeframe within which indemnification obligations will be enforceable. For example, a contract may state that one party must indemnify the other for any losses occurring during the term of the agreement, typically set for a fixed number of years. Once this duration expires, the indemnification obligations cease unless specified otherwise. 2. Continuous or Ongoing Indemnity Provisions: In contrast to limited duration provisions, these indemnity clauses remain in effect indefinitely or until a predefined termination event occurs. They may stipulate that one party will assume the responsibility for any potential losses even after the termination or expiration of the contract. Continuous indemnity provisions are common in contracts involving long-term relationships or ongoing business operations. 3. Event-Specific Indemnity Provisions: These provisions come into effect only in response to specific events or circumstances outlined within the contract. For example, a contract may state that one party is liable for indemnification only if they fail to meet certain performance standards or if they cause harm through willful misconduct. Event-specific indemnity provisions limit the duration of indemnification to the occurrence of these predefined events. 4. Termination or Expiration Clauses: Some indemnity provisions in Virginia contracts may automatically terminate or expire upon the occurrence of certain events or the completion of specific obligations. For instance, a contract may state that the indemnification obligations cease upon the completion of a project or the fulfillment of certain conditions outlined in the agreement. These clauses define the duration of indemnity by the termination or expiration of the contract itself. It is crucial to understand the specific indemnity provisions and their durations to ensure clarity and protect the interests of all parties involved in a contract. Legal advice from a qualified attorney can help in drafting or interpreting Virginia indemnity provisions, considering the specific circumstances of each contractual agreement. By addressing the duration of indemnification, the parties can establish a fair and transparent framework for the allocation of potential losses and liabilities.

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FAQ

An indemnity is an agreement by one party (the indemnifying party) to bear the cost of certain losses or liabilities incurred by another party (the indemnified party) in certain circumstances. An indemnity will typically give rise to a right to an on demand payment without the need to prove a breach of contract.

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).

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.

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 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.

The indemnification clause is a crucial element in commercial contracts as it helps mitigate the risks and consequences associated with potential breaches of contracts. This clause also ensures that the parties are fairly compensated for their losses and helps maintain a stable and predictable business relationship.

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.

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Jan 2, 2019 — The moment that an indemnity claim accrues depends on: (i) the language of the contract and the type of indemnity being sought by the owner[1] ... Apr 30, 2021 — If Section 11-4.1's intent is to preclude an indemnitee's indemnification only when it is solely negligent, as many states do, then it should ...Certain indemnification and duty to defend provisions in contracts with design professionals declared void. Any provision contained in any contract relating to ... Feb 22, 2023 — Indemnity provisions that contain savings clauses or other limiting language should be considered enforceable under a full and complete reading ... Oct 23, 2018 — Our recent blog post explained the importance of indemnification provisions in construction contracts. A 2018 federal case has clarified ... The purpose of indemnity provisions “is to pre-determine how potential losses incurred during the course of a contractual relationship will be distributed ... Aug 11, 2021 — Both Virginia and Maryland courts hold that any indemnity provision in a construction contract which purports to indemnify the indemnitee ... Mar 25, 2019 — Instead, the five-year statute of limitations for breach of written contracts applied to bar the contractor's claims. The Bottom Line. In short, ... Dec 23, 2013 — An indemnity provision that goes only one way – the dealer indemnifies the supplier – is an open ended opportunity for the supplier to demand ... Additionally, a plaintiff can wait until the end of the statute of limitations period to assert a common law claim (which can be up to six years in some ju-.

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Virginia Indemnity Provisions - Duration of the Indemnity