Easily Remove Alternative Choice in the Indemnification Agreement

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How to Remove Alternative Choice in the Indemnification Agreement

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hello im kent holland it is a pleasure to be with you today i am the founder and principal of construction risk llc and i am presenting this workshop today on behalf of aepronet and this is entitled indemnification negotiating a reasonable clause the first thing id like to do is just put up on a slide here an example of a typical clause that we might find for indemnification in a design professional contract and then im going to break this clause down and show you how we would recommend to our clients that they redline this to make these changes to make it more insurable this started off by saying that youre going to defend indemnify and protect youre also going to save harmless the owner and its agents and representatives now what well do is lets look at revising the first few lines add a parenthetical saying except against professional liability claims with regard to defend because theres no professional liability coverage for that defense obligation well we leave the word de

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What is indemnification?

If a party is seeking to minimise or soften the impact of an indemnity clause they should: use the words reasonably foreseeable or direct in relation to indemnification for loss and damage; avoid expressions such as arising from or in connection with, arising directly andindirectly in relation to;

What are the exceptions to the indemnity clause?

You should look to limit indemnification clauses by narrowing their scope, putting in caps on damages, and clearly defining the indemnifiable acts (i.e. the representations and warranties in the example above). Also consider purchasing insurance as a means to limit your financial risk.

Are indemnification clauses necessary?

Why Are Indemnification Clauses Necessary? Indemnification clauses protect contracting parties from damages or legal claims that are more likely to arise because of the other partys actions. They also allow a person to determine how much risk they are and are not willing to accept for a particular business deal.

What are the benefits of indemnification?

The Benefits of an Indemnification Clause Risk transfer. Indemnification clauses transfer the risk of loss from one party to another, which reduces the risk to the indemnified party. Protection. Clarity. Peace of mind. Liability limitation.

Why are indemnification provisions important?

Exceptions to indemnify For instance, actions may be excluded by an indemnity clause when indemnification for claims or losses resulting from the indemnified partys: Gross negligence or carelessness; Incorrect product usage; Bad faith or non-compliance with the agreements requirements.

How do you soften an indemnity clause?

A counter-indemnity is an obligation to make a reimbursement in relation to a primary indemnity, guarantee, bond or any similar arrangment. For example, we may be a corporate supplier in a commercial contract. As part of the contractual arrangements, our bank may issue a performance bond to our customer.

What is the importance of indemnity agreement?

Indemnity agreements, also known as indemnity clauses, play an integral role in contracts. Thats because they are designed to punish the nonperforming party and reassure the damaged one they will be reimbursed for losses caused by the errant entity.

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