Contra Costa California Indemnification of Lessor

State:
Multi-State
County:
Contra Costa
Control #:
US-OG-801
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Contra Costa California Indemnification of Lessor refers to the legal protection granted to lessors (landlords) in Contra Costa County, California, in cases of potential liabilities or damages caused by their lessees (tenants). This indemnification clause is often included in lease agreements to safeguard lessors from financial losses or legal claims arising from the actions, negligence, or breaches of tenants. The Indemnification of Lessor clause in a Contra Costa California lease typically states that the lessee agrees to hold the lessor harmless and indemnify them against any claims, liabilities, or damages resulting from the lessee's actions or any breach of lease terms. The clause may also specify that the lessee will be responsible for attorney fees and all costs associated with legal proceedings related to the indemnification. The specific types of Contra Costa California Indemnification of Lessor can vary depending on the lease agreement and the extent of the lessee's responsibilities. Here are a few common types of indemnification clauses: 1. General Indemnification: This indemnification type protects the lessor from all claims, liabilities, damages, or costs incurred due to the lessee's actions, negligence, or breach of lease terms. It offers broad protection to the lessor against any potential harm caused by the lessee. 2. Third-Party Indemnification: In some cases, a lessee's actions may result in harm or damage to a third party (someone not involved in the lease agreement). With this type of indemnification, the lessee agrees to indemnify the lessor against claims or damages brought forth by third parties resulting from the lessee's actions. 3. Environmental Indemnification: This type of indemnification focuses specifically on environmental liabilities. It protects the lessor from any claims, costs, or damages resulting from environmental contamination or violations caused by the lessee's operations or activities on the leased property. It is important for both lessors and lessees to carefully review and understand the Indemnification of Lessor clause in a lease agreement. By clearly outlining the lessee's responsibility to indemnify the lessor, the clause helps mitigate potential financial risks and legal disputes in Contra Costa California.

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FAQ

At their core, indemnification provisions transfer liabilities related to a claim from one party to another party, generally in the event of a breach of contract or a party's negligence or misconduct in the performance of the agreement.

Indemnity. 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.

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.

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.

Principle of Indemnity states that the insured shall be compensated appropriately for the losses caused to the goods by the insurer, only to the extent that the insurer does not make a profit out of the loss that occurred.

Another difference between damages and indemnity is that damages can only be claimed for breach of contract whereas in the case of indemnity a breach of contract does not have to take place. Indemnity may be claimed for loss caused by action of a third party which may not necessarily result from the breach of contract.

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.

While such agreements are widely recognized in the State of California, they are only enforceable if, and only if, both the general contractor and the subcontractor sign the agreement. Unlike some contracts, which need only be signed by the party to be charged, an indemnity agreement must be signed by both parties.

California's long-standing anti-indemnity laws prohibit a public agency from forcing a contractor to indemnify the agency for its "active negligence." That prohibition has now been expanded in new and amended anti-indemnity statutes, which protect subcontractors and suppliers of goods and services (not just contractors

To indemnify another party is to compensate that party for losses that that party has incurred or will incur as related to a specified incident.

More info

"Lessor" shall mean the West Contra Costa Unified School District. Recitals. Landlord is the owner of Sherman Acres Neighborhood Park, a public park located in the City of Pleasant Hill.Sellers who need help in completing their disclosure obligations should consult with their own qualified,. Indemnification is distinct from guaranty and surety contracts. _ Section 6: Insurance and Indemnification. 6. 1 Insurance Requirements. Lessee further agrees to indemnify and hold harmless Lessor from and against all taxes, assessments, penalties and charges arising out of her possessory. Nearly every commercial contract has an indemnification provision.

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Contra Costa California Indemnification of Lessor