Shade shadow in the Indemnity Agreement

Aug 6th, 2022
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How to shade shadow in the Indemnity Agreement

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hi my name is Kelly Stamey Im an associate attorney here at the Cremeans law firm where we specialize in construction law what some of you may not know is that I do have a background in employment law and theres an interesting term that involved your employees that may be in your subcontract in your contract with lets say a general contractor there may be an indemnification clause now there are certain things under Texas law for which cannot be passed down to you as a subcontractor for indemnification when it wasnt your fault indemnification basically means you are stepping in the shoes of the general contractor youre gonna pay their attorneys fees youre gonna pay the settlement amount either while the lawsuits occurring or after its over so what what happens then is lets say it was the general contractors fault but if you have that clause in there and in these situations its an exception and they can pass along this liability to you if it was your employee that was injured o

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Indemnification clauses are contractual provisions that require one party (the Indemnitor) to indemnify another party (the Indemnitee) for losses that the Indemnitee may suffer. In prime contracts, the owner usually is the Indemnitee and the contractor is the Indemnitor.
a person or company that receives indemnity.
Indemnitor is a term used in insurance and legal contexts, and may refer to a person or entity that agrees to indemnify or compensate another party for any losses, damages, or liabilities they may incur.
The indemnitee is the person or organization that is held harmless in a contract (by the indemnitor).
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.
An indemnity agreement should be signed by both the indemnitor and the indemnitee. The indemnitor is the party who agrees to pay for any damages or losses that may incur, while the indemnitee is the party who agrees to be protected by the indemnity agreement.
How to Write an Indemnity Agreement Consider the Indemnity Laws in Your Area. Draft the Indemnification Clause. Outline the Indemnification Period and Scope of Coverage. State the Indemnification Exceptions. Specify How the Indemnitee Notifies the Indemnitor About Claims. Write the Settlement and Consent Clause.
In general terms, indemnity is an obligation by one party to make another party whole for a loss, damage, or liability the other party has incurred. The party obligated to pay is the indemnitor. The party entitled to indemnification is the indemnitee.

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