What is the purpose of an indemnity clause in a contract?

An indemnification clause may allow: The indemnified party to recover certain types of losses, such as attorney's fees, which are not typically recoverable under a common law cause of action. The indemnifying party to reduce its liability by incorporating: Liability cap.

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Indemnity Provisions - Procedural Issues

Riverside California Indemnity Provisions - Procedural Issues

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

Category:

Contracts - Clauses - Indemnification

State:

Multi-State

County:

Riverside

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.

How to fill out Riverside California Indemnity Provisions - Procedural Issues?

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FAQ

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.

Most states hold that indemnity provisions are enforceable as written. These clauses will likely be construed in accordance with the rules of construction that apply to contracts generally. However, the freedom to contract will be limited by Courts who will disallow contracts in contravention of public policy.

An indemnification clause may allow: The indemnified party to recover certain types of losses, such as attorney's fees, which are not typically recoverable under a common law cause of action. The indemnifying party to reduce its liability by incorporating: Liability cap.

The prevailing interpretation is that hold harmless and indemnify are synonymous. However, under the minority view, hold harmless requires payment of both actual losses and potential liabilities, while indemnify protects against incurred losses only.

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.

While generally, indemnity contracts for negligence are enforceable, the strict rule of construction in California is that indemnity for active negligence requires explicit language in the clause that negligence of the indemnitee is to be included.

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.

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.

Indemnification clauses are exceedingly common in many contracts, but what you should pay close attention to is the scope of your indemnification agreement. Generally, you should only agree to pay for losses arising from your own actions and not the other party's actions.

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In the event of an emergency as provided in Section 3. In other cases, damages directly to the indemnitee will also be covered.The coverage reliability issue in the northwest part of the city. Issued on: _____, 2002. The judgment creditor may be required to provide an indemnity bond and an advance deposit to cover the U.S. Marshal's estimated out-of-pocket expenses. Riverside County Flood Control. Request for Qualifications (RFQ) No. FCARC-00168 and Water Conservation District. For instance, if you back up into a pole, collision insurance can pay for your repairs (minus your deductible).

Riverside California Indemnity Provisions - Procedural Issues

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