Transform your daily workflows and Alter Hold-Harmless (Indemnity) Agreement

Aug 6th, 2022
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How to Alter Hold-Harmless (Indemnity) Agreement

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[Music] hey everybody im rob freeman and welcome back to ensuring the built environment this week were answering the question what is a hold harmless and why is it important in the world of insurance well a hold harmless is a common legal clause that youll find in contractual agreements that are between multiple parties so you may have an example would be like a lease between a landlord and a tenant or another example would be in a construction agreement between say an owner and a general contractor or subcontractor or all three and what a hold harmless does is it essentially shifts responsibility away from one party onto another party and its a very common thing to find in a lease for instance in if you have a lease in an office building you may find theres a clause in there which says something to be effective the tenant agrees to indemnify defend and hold the landlord harmless in the event of any claims of bodily injury and property damage that might arise out of the tenants

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A hold harmless clause is used as a release of liability in a contract that protects one party from injury or property damage caused by another party. By signing the clause, the other party is agreeing not to hold business owners legally responsible for the risks involved in certain services.
An apartment lease may have a hold harmless clause stating that the landlord is not responsible for any damage caused by the tenant. A homeowner hiring a roofer might request a hold harmless agreement to protect against a lawsuit if the roofer falls off the roof.
The Contractor shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by
Hold Harmless Agreement: An agreement whereby the first party (the indemnitor) agrees to hold a second party (the indemnitee) harmless from tort liability arising out of the indemnitors negligent act or omission.
Hold harmless agreements are often valid, but validity also depends on your states laws, the type of business being protected, and whats in the agreement. Some states dont recognize HHAs or clauses, while some courts limit them.
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.
I also agree to indemnify and hold The University harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys fees, arising out of my involvement in The Activity, and to reimburse it for any such expenses incurred.
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.

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