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the following BL TV program is brought to you by OFlaherty law please enjoy welcome to learn about law my name is kevin o Flaherty from OFlaherty law and today were gonna explain indemnification clauses an indemnification clause can be a standalone agreement or it can be a clause in a larger contract that is used to transfer risk of liability from one party to another so when you agree to identify indemnify someone youre stating that if you or your agents do certain things that result in the other party experiencing a monetary loss youre gonna reimburse the other party for that loss some examples of when you would use net indemnification Clause are independent contractor agreements so if my business is hiring someone to be an independent contractor and Im not going to have a whole lot of oversight over them the independent contractor might agree that if anybody sues me based on the work that they are doing for me theyre going to indemnify me which means that theyre going to co

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What should an indemnity clause include?

A typical indemnification clause consists of two separate and distinct obligations: an obligation to indemnify, and an obligation to defend.

What is an indemnity agreement?

Although similar to a hold harmless agreement, an indemnity agreement is an arrangement whereby one party agrees to pay the other party for any damages regardless of who is at fault.

Who can write a letter of indemnity?

Such letters are traditionally drafted by third-party institutions like banks or insurance companies, which agree to pay financial restitution to one of the parties, should the other party fail to live up to its obligations.

Does an indemnity need to be signed?

In contrast, there are no specific formal requirements in order to create a valid indemnity, it is not necessary that an indemnity is in writing or that it is signed.

What is post closing indemnification?

Buyer will indemnify Sellers, their affiliates, subsidiaries, employees, officers, directors, and agents against any loss, cost, damage, or other expense (including attorneys fees) that arises from operation of the Restaurants or related properties after Closing.

Who is responsible for indemnity?

In contract law, an indemnity is a contractual obligation of one party (the indemnitor) to compensate the loss incurred by another party (the indemnitee) due to the relevant acts of the indemnitor or any other party.

Who signs the indemnity agreement?

The two parties of the contract will sign the indemnification agreement. This means the indemnitee, or the person/business/company providing the good/service, will sign the document. The indemnifier, or the person/business/company receiving the good/service, will sign the document as well.

What are the three 3 methods of indemnity?

An agreement under which one party shifts to another the responsibility for a loss. Three types which exist are (1) hold harmless agreements, (2) exculpatory agreements, and (3) indemnity agreements.

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