Pima Arizona Indemnity Provisions - Procedural Issues

Name: Pima Arizona Indemnity Provisions - Procedural Issues
Brand: US Legal Forms
Rating: 4.76 (492 reviews)

Category:

Contracts - Clauses - Indemnification

State:

Multi-State

County:

Pima

Control #:

US-ND1013

Format:

Instant download

Description

This form provides boilerplate contract clauses that cover procedural issues with regards to indemnity in both third-party and non-third-party claims. Several different language options are included to suit individual needs and circumstances.

Form 13.8A Additional Findings at Time of ...

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How to fill out Pima Arizona Indemnity Provisions - Procedural Issues?

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FAQ

Letters of indemnity should include the names and addresses of both parties involved, plus the name and affiliation of the third party. Detailed descriptions of the items and intentions are also required, as are the signatures of the parties and the date of the contract's execution.

In negotiating indemnities, it is important to review the clause carefully to understand when the indemnity kicks in and what the scope of the liability is. This will help a party decide if the indemnity is acceptable, or if it needs to be finessed to make it fair for all parties involved.

Indemnity is a contractual agreement between two parties. In this arrangement, one party agrees to pay for potential losses or damages caused by another party.

In other words, principle of indemnity deals with the premise that in the event of a loss, the insurer must put the insured to the position in which he was before the loss occurred. This means that the insurer shall receive any compensation that is neither more nor less than the actual loss that has taken place.

The principle of indemnity ensures that an insurance contract protects you from and compensates you for any damage, loss, or injury. The purpose of an insurance contract is to make you "whole" in the event of a loss, not to allow you to make a profit.

The principle of indemnity asserts that on the happening of a loss the insured shall be put back into the same financial position as he used to occupy immediately before the loss. In other words, the insured shall get neither more nor less than the actual amount of loss sustained.

Key Takeaways. Indemnity is a comprehensive form of insurance compensation for damages or loss. In this type of arrangement, one party agrees to pay for potential losses or damages caused by another party.

You should look to limit indemnification clauses by narrowing their scope, putting in caps on damages, and clearly defining the indemnifiable acts (i.e. the representations and warranties in the example above). Also consider purchasing insurance as a means to limit your financial risk.

"Each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, or damage of any kind (including reasonable outside attorneys' fees) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct."

Generally, you should only agree to pay for losses arising from your own actions and not the other party's actions. If you want to draw a stricter line, you could negotiate an indemnification provision that only holds you liable for gross negligence and willful misconduct, and not simple negligence.

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Pima Arizona Indemnity Provisions - Procedural Issues

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How do you create an indemnity?

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