What is an example of an indemnification clause?
Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.
What is an example of hold harmless agreement?
Examples of Hold Harmless Agreements 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.
Does hold harmless mean defend?
Indemnification, ing to the court, is an offensive righta swordallowing the indemnitee to seek indemnification. On the other hand, hold harmless is a defensive measure providing [t]he right not be bothered by the other party itself seeking indemnification. Under this view, hold harmless shields one party
What is the wording for a hold harmless agreement?
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipients performance or nonperformance of the services or subject matter called for in this Agreement.
What does save harmless mean in court?
A hold harmless provision means that the beneficiary does not have to dip into their own pocket money to cover the costs in defending the action, right from the very first dollar. The seminal case for this clause is Stewart Title Guarantee Company v.
Do hold harmless agreements hold up in court?
Enforceability of Hold Harmless Agreements The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.
How binding is a hold harmless agreement?
In most cases, a hold harmless agreement is binding and legally enforceable. Business owners should include specific language in their contract, stipulating a release of liability from lawsuits that occur as a result of negligence.
How do you word a hold harmless clause?
[insert name] shall fully defend, indemnify, and hold harmless [insert name] from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever ( including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or
What is an example of an indemnify and hold harmless clause?
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
What is the purpose of a hold harmless agreement?
A hold harmless agreement (HHA) is a contract that prevents one party from being liable to the other if there are injuries or damages. Contracts are either unilateral, meaning the contract protects only one party, or reciprocal, where both parties waive liability against each other.
