Remove Option Choice from the Hold Harmless Agreement

Aug 6th, 2022
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How to Remove Option Choice from the Hold Harmless Agreement

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[Music] hi Im Ken Fossum how would you respond to this superintendents question I received two certified letters today one was from the company that installed our new bleachers a couple of years ago and the other is from the manufacturer of those bleachers both letters say the district is responsible for providing defense for them in the lawsuit that was filed Monday by the parents of one of the students injured when the bleachers collapsed last fall the school was named in Mondays lawsuit too but our insurance company is taking care of that Im assuming the insurance companies for the Installer and manufacturer have the obligation to do the same for them am i right this question provides a limited amount of information and I suspect that there is more to the story more specifically Im guessing as the school district may have entered into a purchase agreement when they bought the bleachers and that the purchase agreement had a clause in it that reads something like this paragraph 1

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Enforceability of Hold Harmless Agreements The general answer is yes, that these documents signing away your right to sue for negligence are legally enforceable.
I agree to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits that I (or anyone claiming by,
Broad form hold harmless clause refers to a hold harmless clause under which the indemnitor assumes any and all liability of the indemnitee under specified circumstances, including liability arising out of the indemnitees sole fault.
Types of hold harmless agreements. There are two types of general HHA, unilateral and reciprocal. Unilateral agreements are meant to protect just one party from liability, while reciprocal ones protect both parties. Unilateral: One party agrees to not hold the other responsible.
There are 3 levels of indemnification: broad form, intermediate form, and limited form. This requires the indemnitor to pay not only for its liabilities but also for the indemnitees liability whether the indemnitee is solely (i.e. 100%) at fault or partially at fault.
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
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.
Three basic types of Hold Harmless Agreements are used: limited, intermediate, and broad. These forms are often seen in contracts in the construction industry.

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