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To indemnify another party is to compensate that party for losses that that party has incurred or will incur as related to a specified incident.
Court will not enforce an indemnification provision that indemnifies an indemnitee for its own negligence unless the intention of the parties is clearly and unambiguously expressed. Courts first look for specific language in the contract that address the fault or negligence of the indemnitee.
Indemnification clauses are clauses in contracts that set out to protect one party from liability if a third-party or third entity is harmed in any way. It's a clause that contractually obligates one party to compensate another party for losses or damages that have occurred or could occur in the future.
What if there is no indemnification clause? An indemnification clause is not mandatory for a contract to be valid. If there is no indemnification clause, then the parties will not be entitled to any contractual indemnification.
An indemnity agreement is a contract that protect 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.200c
To indemnify means to compensate someone for his/her harm or loss. In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party's actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
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.
Indemnity or warranty? An indemnity has a number of distinct advantages over a warranty: An indemnity generally compensates a party for all loss actually suffered so the difficulties which may arise in respect of a warranty claim regarding quantum of loss can be avoided.
In an indemnity claim, a party ("Indemnifier") promises to protect another party ("Indemnity Holder") to the contract from any loss, expense, cost, damage or any other legal consequences caused due to an act or omission by the conduct of the Indemnifier or any third party or an event.
The purpose of inserting the indemnity clause in a contract is to shift or allocate the risk, or cost from one party to another. More precisely it can said business transaction between the two parties by obligating one party to pay the expenses incurred by the other party under certain circumstances.