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A mutual indemnification clause, or a reciprocal indemnification clause, is a contractual clause found in contracts where the contracting parties agree to cover one anothers legal expenses in the event of a contractual bdocHub.
Put simply, indemnity is a contractual agreement between two parties, where one party agrees to pay for potential losses or damages claimed by a third party.
An indemnification provision allocates the risk and expense in the event of a bdocHub, default, or misconduct by one of the parties. By Jennifer Paley. An indemnification provision, also known as a hold harmless provision, is a clause used in contracts to shift potential costs from one party to the other.
As discussed, an indemnity provision transfers risk from one party (called the indemnitee) to another party (called the indemnitor). Under an indemnity provision, the indemnitor agrees to reimburse the indemnitee for losses resulting from a claim or claims brought by a third-party.
The indemnification method is one way to calculate the amount owed by one counterparty to another in the case of the early termination of a swap. The indemnification method requires the at-fault counterparty to compensate the responsible counterparty for all losses and damages caused by the early termination.
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There are basically 2 types of indemnity namely express indemnity and implied indemnity.
Mutual indemnification provisions are meant to provide both parties with a sense of security. In a mutual indemnification agreement, both parties agree to compensate the other party for damages arising from a bdocHub of contract for which the indemnifying party was responsible.
The most common example of indemnity in the financial sense is an insurance contract. For instance, in the case of home insurance, homeowners pay insurance to an insurance company in return for the homeowners being indemnified if the worst were to happen.
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.
In a mutual indemnification, both parties agree to compensate the other party for losses arising out of the agreement to the extent those losses are caused by the indemnifying partys bdocHub of the contract. In a one-way indemnification, only one party provides this indemnity in favor of the other party.

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