Collin Texas Indemnity Provisions - Exclusivity of Indemnity as a Remedy

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Collin
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US-ND1012
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This form provides boilerplate contract clauses that define the exclusivity or nonexclusivity of indemnity as a remedy under the terms of the contract agreement. Different language options for exclusivity and nonexclusivity are included.

Collin Texas Indemnity Provisions form an essential part of legal contracts and agreements, offering protection and remedies in case of any liability or losses. One specific type of Indemnity Provision is known as "Exclusivity of Indemnity as a Remedy." In this provision, the indemnity clause typically states that indemnification is the sole remedy available to the indemnity (the party being protected) in situations where the other party fails to fulfill its obligations, breaches the contract, or causes any form of harm or loss. When drafting Collin Texas Indemnity Provisions — Exclusivity of Indemnity as a Remedy, it is crucial to include specific keywords and important details. These include: 1. Indemnity: Refers to the party responsible for providing indemnification, often the party with greater liability exposure. 2. Indemnity: The party who receives protection under the indemnity clause, often the one seeking to be indemnified from potential claims or losses. 3. Scope of Indemnity: Clearly defined within the provision, indicating the extent of protection offered, whether it includes defense costs, damages, attorney fees, or other related expenses. 4. Breach of Contract: Mentioning that the indemnity provision can be triggered in case of a breach of the agreement or failure to meet contractual obligations. 5. Third Party Claims: Specifies that the indemnity applies not only to claims made by the parties involved but also claims brought by third parties against the indemnity arising from the activities covered by the contract. It is important to note that Collin Texas Indemnity Provisions — Exclusivity of Indemnity as a Remedy can vary depending on the specific requirements and agreements being made. Here are a few additional types or variations of indemnity provisions: 1. Broad Form Indemnity: Provides comprehensive protection to the indemnity, covering all losses and liabilities, including those caused by the indemnity's negligence. 2. Limited Form Indemnity: Places specific restrictions on the indemnity's liability, often excluding indemnification for losses resulting from the indemnity's own negligence, intentional misconduct, or other specified situations. 3. Comparative Fault Indemnity: Establishes a shared responsibility for losses, with the indemnity provision specifying the percentage or degree to which each party will be responsible. 4. Partial Indemnity: Permits partial indemnification, allowing the indemnity to be reimbursed for only a portion of the damages or losses incurred. When structuring Collin Texas Indemnity Provisions — Exclusivity of Indemnity as a Remedy, it is recommended to consult with legal professionals or attorneys familiar with Texas contract law. This ensures that the provisions adhere to all relevant regulations and provide the necessary protections for all parties involved in the agreement.

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FAQ

Example 1: Here is an example of a simple indemnity clause in a contract: "I hereby release, acquit and discharge company and its agents and employees from any liability arising from any circumstance including the negligence of company or its employees.

The obligation to indemnify requires the indemnifying party to: Reimburse the indemnified party for its paid costs and expenses, referred to as losses. Advance payment to the indemnified party for its unpaid costs and expenses, such as: Liabilities.

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.

Contracts between two parties might mean that one of the parties could be held liable for losses or damages from their activities as a party to the agreement. The indemnity agreement is intended to protect the party that might be liable, holding the person harmless from that liability.

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

Indemnification Provisions As the name suggests, an indemnification as an exclusive remedy provision means that the right to indemnification provided under the M&A agreement is the parties' exclusive remedy for any breach of the representations, warranties, covenants, agreements, and obligations in the M&A agreement.

Indemnification provisions are generally enforceable. There are certain exceptions however. Indemnifications that require a party to indemnify another party for any claim irrespective of fault ('broad form' or 'no fault' indemnities) generally have been found to violate public policy.

If a contract and a course of dealing exist between two parties, if one party now wants an indemnification agreement signed, there must be new consideration. You have to pay for the new agreement to be a contract and to be binding. No consideration, no contract.

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.

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For many reasons, one of the most contentious terms in any contract negotiation tends to be an indemnity clause. Applying for Cover with Us. Prior to this Policy coming into effect You have provided Us or your intermediary with information in.11.6 Indemnity. 20. 11. Dentists or Dr Khan in the dental treatment they provided. Top stories in Nova Scotia. United States. Congress. House. For many reasons, one of the most contentious terms in any contract negotiation tends to be an indemnity clause. Applying for Cover with Us. Prior to this Policy coming into effect You have provided Us or your intermediary with information in. 11.6 Indemnity. 20. 11. Dentists or Dr Khan in the dental treatment they provided.

Top stories. Canada. The Canadian Dental Association. (a) Applying for Cover with an Authorized Professional Insurance Plan. You have information within. 11.7 Indemnity. 21. 11. Dentists or Dr Khan in the dental treatment they provided. Top stories in Nova Scotia. Canada. The Canadian Dental Association. (b) Request for Indemnity. You are concerned as to your own safety and, as your dentist recommended to you, you have, prior to your operation, an appointment with two dentists. In consideration of the benefit expected from the operation, please, as your treatment may be delayed, pay for a cover by the third dentist, to which a doctor of dental surgery has been admitted. If you have been referred to us for treatment, you should ask for a reimbursement by the first dentist and your second dentist. You will have the benefit of coverage provided to the other patient, including any charges, fees and any excess payments which may not have been paid by You. 22.

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Collin Texas Indemnity Provisions - Exclusivity of Indemnity as a Remedy