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In general, there are three different forms of hold harmless or indemnity agreement: limited, intermediate and broad: With a limited form, the contractor (Party A) is held proportionally responsible for their liability for negligence or activities.
An indemnification clause should clearly define the following elements: who are the indemnifying party and the indemnified party, what are the covered claims or losses, what are the obligations and duties of each party, and what are the exclusions or limitations of the indemnity.
How to fill out a hold harmless agreement The date of the agreement. The name of the person held harmless or protected, with their address. The name of the other party to the agreement, with their address. Details about the activity or event the agreement is about, such as horseback riding or country club membership.
An arrangement whereby one party agrees to absolve a second party from any blame even when damage or injury is caused by negligence of the second party.
An example of a hold harmless clause that uses indemnity language is one stating that one party shall indemnity, defend, and hold harmless the other from and against claims, damages, losses, and expenses, including but not limited to attorneys fees, arising out of or resulting from negligence or misconduct in
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shall fully defend, indemnify, and hold harmless 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 wrongful death), whether
Hold harmless agreements are often valid, but validity also depends on your states laws, the type of business being protected, and whats in the agreement. Some states dont recognize HHAs or clauses, while some courts limit them.
A hold harmless agreement differs in that it shifts liability. While a waiver of subrogation is protection from liability, it doesnt shift the liability as a hold harmless agreement does.

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