Franklin Ohio Indemnification - Long-Form Provision

State:
Multi-State
County:
Franklin
Control #:
US-ND2307
Format:
Word; 
PDF
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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.

Franklin Ohio Indemnification — Long-Form Provision is a legal provision that seeks to protect individuals or entities from financial losses or damages incurred due to legal claims or liabilities. It is commonly included in contracts or agreements to allocate liability and provide indemnification to the parties involved. In Franklin Ohio, there can be different types of indemnification provisions that may vary based on specific circumstances or contractual arrangements. These variations can be categorized as follows: 1. Broad Indemnification Provision: This type of indemnification provision is designed to provide broad protection to the indemnity (the party being indemnified) by covering all claims, liabilities, damages, and expenses arising from any act, omission, or negligence of the indemnified (the party providing indemnification). 2. Limited Indemnification Provision: Unlike the broad provision, this type of indemnification provision only covers specific claims, liabilities, damages, or expenses as stipulated in the contract. The scope and extent of indemnification can be narrower, protecting the indemnity for a limited set of risks or circumstances. 3. Third-Party Indemnification Provision: This provision often arises when a party is required to provide indemnification to a third party who is not a party to the original contract. In such cases, the indemnity assumes responsibility for any claims or liabilities brought against the indemnity by the third party, protecting them from potential financial losses. 4. Mutual Indemnification Provision: This type of provision is commonly seen in agreements where both parties agree to indemnify and hold each other harmless from any claims or liabilities arising from their actions, providing reciprocal protection. Key factors commonly addressed within a Franklin Ohio Indemnification — Long-Form Provision include the following: i. Indemnity Scope: The provision clearly defines the types of claims, liabilities, damages, and expenses that are covered, ensuring that the language used is comprehensive yet specific. ii. Indemnification Procedures: This outlines the steps to be taken when invoking the indemnification, including notice requirements, timelines for providing a defense, and procedures for disputing indemnification claims. iii. Cost Allocation: It specifies how the costs related to defense, settlement, or judgment will be allocated between the parties or reimbursed by the indemnity. iv. Exclusions and Exceptions: This section identifies any exclusions or exceptions where indemnification may not apply, such as willful misconduct, fraud, or violation of law. v. Insurance Requirements: Depending on the nature of the agreement, the provision may require the indemnity to maintain certain insurance coverage to support the indemnification obligations. In conclusion, Franklin Ohio Indemnification — Long-Form Provision is a crucial legal tool that helps mitigate financial risks and protect parties from potential losses due to claims or liabilities. By understanding the different types and key components of this provision, individuals and entities can better navigate contractual agreements and ensure adequate protection.

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FAQ

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.

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.

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.

Company/Business/Individual Name shall fully indemnify, hold harmless and defend and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not

"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."

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.

An example of an indemnity would be an insurance contract, where the insurer agrees to compensate for any damages that the entity protected by the insurer experiences.

Party A shall indemnify, defend and hold harmless Party B against any and all loss arising out of, by reason of, in connection with or as a result of third-party claims in connection with intellectual property that is the subject matter of license under this agreement.

Intermediate indemnity is the most common form of indemnity. With intermediate indemnity the indemnitor assumes liability if it has contributed to the fault. If the indemnitee is solely at fault, the indemnitor is not liable.

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.

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Franklin Ohio Indemnification - Long-Form Provision