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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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What does this sentence mean: As an independent consultant

Customer Question

What does this sentence mean:
As an independent consultant we agree to mutually indemnify each other for all conduct and activity.
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.

It means if either are sued for something that occurred here that involved both of you that both are liable and that the other party would reimburse the party sued here.

Usually this is even more one sided the consultant agrees to reimburse and hold harmless, this is really pretty evenly written.You can usually negotiate it out here or at least try if you want to.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 10 months ago.

Pretty standard among consultant agreements, here is more information.

http://www.camillericlarke.com/EnvironmentalNews/newsView.asp?NewsId=4096815

Customer: replied 10 months ago.
Thank you Ray. So is there any protection from one party suing the other here - not a third party?
Expert:  Ray replied 10 months ago.

This really only comes into play if there is a third party suit you both agree to be equally liable and it has to involve something you were both involved in as well.Again this is fairly written and not nearly as oppressive as it could be here.

Customer: replied 10 months ago.
if the other party in this agreement decides to sue here, there is nothing preventing them from doing so?
Customer: replied 10 months ago.
There is nothing that can prevent the other party from suing the partner?
Expert:  Ray replied 10 months ago.

No but you both agree to be equally liable so recovery for either one would be equally liable.It assigns 50-50% fault so for instance any suit would would be reduced by 50%.This really is for suits or claims by third parties here and thats what it is used for.

Customer: replied 10 months ago.
Ok, is there any way that if the contract is terminated that this is not in effect?
Expert:  Ray replied 10 months ago.

Only if you add such language.

As an independent consultant we agree to mutually indemnify each other for all conduct and activity. The parties agree that such indemnification ends in the event he contract is terminated on the date of termination.

Something like that-- it is negotiable.

Expert:  Ray replied 10 months ago.

If you can leave a positive rating when we are done it is always much appreciated.

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