Alameda California Indemnification - Long-Form Provision

State:
Multi-State
County:
Alameda
Control #:
US-ND2307
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Word; 
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Description

This form brings together several boilerplate contract clauses that work together to outline the procedures, restrictions, exclusivity and other aspects of an indemnity provided for under the terms of the contract agreement.

Alameda, California Indemnification — Long-Form Provision: In the realm of legal agreements and contracts, an indemnification clause is an essential element for mitigating risks and protecting parties involved. Alameda, California, being a city with a robust legal and business scene, also follows this practice when it comes to indemnification provisions in contracts. The Alameda, California Indemnification — Long-Form Provision is a comprehensive clause that defines the responsibilities and liabilities of parties entering into a contract or agreement. It outlines the terms and conditions under which one party agrees to compensate or hold harmless the other party in the event of specified losses, damages, or legal claims. This long-form provision addresses various scenarios where one party may bear financial or legal burdens resulting from the acts, omissions, or negligence of the other party. The provision can cover a wide range of circumstances, such as breach of contract, intellectual property infringement, personal injury claims, property damage, or any other types of liability that may arise during the course of the agreement. By including this provision in a contract, parties agree to indemnify each other and assume responsibility for any losses or damages incurred. It serves as a mechanism to allocate risks and ensure fairness between the parties involved, helping them navigate potential legal disputes and financial consequences. Some types of Alameda, California Indemnification — Long-Form Provisions may include: 1. Mutual Indemnification: This type of provision requires both parties to indemnify and hold each other harmless for any claims or damages arising from the agreement. It establishes a fair distribution of liability between the parties involved and encourages a sense of shared responsibility. 2. Third-Party Indemnification: In certain contracts or agreements, one party may agree to indemnify the other party for claims brought by third parties. This provision ensures that if a third-party initiates legal action against one party, the other party will bear the costs and liabilities associated with defending against such claims. 3. Limited Indemnification: In some situations, parties may choose to limit the scope of their indemnification obligations. This provision outlines specific limitations, such as capping the amount of indemnification or excluding certain types of damages from the coverage. Limited indemnification allows parties to manage and minimize potential risks within the context of their agreement. 4. Timeframe and Survival: The Alameda, California Indemnification — Long-Form Provision also addresses the timeframe for which the indemnification obligations will remain in effect. It often includes a survival clause, stating that the indemnification obligations will survive the termination or expiration of the agreement, ensuring ongoing protection for both parties. Indemnification is a crucial aspect of legal agreements in Alameda, California, and plays a vital role in safeguarding businesses and individuals involved in contractual relationships. By incorporating an Alameda, California Indemnification — Long-Form Provision, parties can proactively address potential risks and protect their interests, fostering a secure business environment in the city.

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FAQ

An indemnification provision allocates the risk and expense in the event of a breach, default, or misconduct by one of the parties. By Jennifer Paley. An indemnification provision, also known as a hold harmless provision, is a clause used in contracts to shift potential costs from one party to the other.

Survival. Indemnification obligations survive closing meaning the obligations remain in effect even after you close the deal and collect the purchase price. The survival period for the representations and warranties made in the purchase agreement usually ranges from six months to two years.

Except for claims made before such expiration date and those based on fraud, all rights to claim indemnification under this Article IX shall expire upon the first anniversary of the Closing Date. Expiration of Indemnification Obligations.

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.

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.

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.

Indemnification, also referred to as indemnity, is an undertaking by one party (the indemnifying party) to compensate the other party (the indemnified party) for certain costs and expenses, typically stemming from third-party claims.

Survival periods for breaches of representations and warranties tend to range from between six months and two years after the closing; however, the survival period for certain fundamental representations and warranties will often be longer and sometimes indefinite.

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.

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.

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Lease up coordination between AHA Property Management, JSCo, and AHA Housing. Board of Trustees may recommend individuals to fill the vacancy or vacancies.01 The Alameda County Water District (hereafter referred to as the "District"), recognizes. Such agreements must be in the form that we require. All applications must be filled out according to the instructions. Environmental Protection Provisions. Termination. 15 Environmental Contamination. This is an official application for a California Concealed Carry Weapon license. Regional Consortium as stipulated in the Strong Workforce Program legislation.

An applicant must first be issued the required federal license. 17 A license is not required to carry a concealed handgun in a county which prohibits such concealed carry. 18 We are required under the current laws of this state to maintain the records of every firearm's licensee and to make those records available to the public. 19 We reserve the right to request an additional fee in addition to any other charge the applicant may be required to pay for the license and to impose reasonable additional costs for the performance and performance of any duty imposed by this application. Any such additional charges shall be borne by the applicant at the time of the application. The fee must be reasonable and must be calculated and charged as set out in the application. 20 All license applications, not to exceed three (3) in any calendar year, which have been denied shall be returned by the applicant to the licensing agency.

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Alameda California Indemnification - Long-Form Provision