Mutual Indemnification: I'm trying to get my mind around the
Mutual Indemnification: I'm trying to get my mind around the meaning of indemnification. I think I understand that if I indemnify the other part in a contract, it means that, if I loose in a lawsuit, I will not turn around and sue the other part to the contract for my losses. With mutual indemnification, if both parties to the Agreement are sued by a third party, and both loose, each party pays the amount that is levied against them by the Court and does not attempt to recover that amount from the other party to the contract? Thank you.
What would you recommend for an indemnification clause for
What would you recommend for an indemnification clause for software development? I am switching from an employee to an independent contractor and writing up a contract for the employer. I don't have the financial backing to handle large claims.This is the original clause in a template I am looking at:(a) Indemnification by Contractor. Contractor agrees to indemnify and hold harmless Company and its officers, directors, employees and agents, from and against all claims, liabilities, losses, costs, damages, judgments, penalties, fines, attorneys' fees, court costs and other legal expenses, insurance deductibles and all other expenses arising out of or relating to, directly or indirectly, from:(i) the negligent, grossly negligent, or intentional act or omission of Contractor or its directors, officers, employees, agents or Contractors,(ii) Contractor's failure to perform any of its obligations under this Agreement, and(iii) any act or omission of Contractor in connection with the Work.(b) Notification. Company will promptly notify Contractor of any claim for indemnification.(c) Survival. Contractor's obligations under this Section 10 shall survive termination or expiration of this Agreement.
I am trying to find out what insurance company is the best
HI. I am trying to find out what insurance company is the best and the best price for insurance regarding movie production equipment liability. Thank you for any help you can provide! I am in Florida but I believe the insurance company can be located in any state.
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Someone is looking to sell his deceased brother's home. All
Someone is looking to sell his deceased brother's home. All he has is a copy of the will (can't find the original). Title is solely in the deceased brother's name, so what would be the process to be allowed to get this property on the market? would it need to be probated or would it be something where a title company could accept a bond in lieu of probate? Any ideas?
I have a contact between a suppler and reseller. The
I have a contact between a suppler and reseller. The supplier (services) wants there to be mutual indemnification. What is the selling point on that for the reseller and why should they sign it with mutual indemnification.JA: What state are you in? It matters because laws vary by location.Customer: Supplier is from Denver, Reseller is in NH. I am the consultant on the deal, in DC which there is no relevance for me.JA: Has anything been filed or reported?Customer: no.JA: Anything else you want the lawyer to know before I connect you?Customer: no I need to justify why this is a good idea for the reseller to sign with mutual indemnification in the agreement
My son may be changing jobs but has a (losely defined)
My son may be changing jobs but has a (losely defined) non-compete in play. The new company says they will indemnify him. But I cannot imagine what this means in this case? Indemnify his attorney's fees? What if he loses what would they do then? What are your thoughts on this? He works in MA. Thanks
We are having an issue with a claim we have with a shipping
Hi there, we are having an issue with a claim we have with a shipping company that damaged our product. We distribute shampoo/conditioner for pets and aobut 3 weeks ago approximately 28 gallons were damaged when the pallet fell 5 feet off the delivery truck. The shipping company wants to pick the damaged product up from us before the claim is settled or paid out. To make matters worse, they have informed us that they want to sell the product they can salvage. However, the product is now contaminated as the seals are broken and plastic bottles punctured, and the manufacturer (we are just the distributor) has advised us that we have to remove liability from us in the event the contaminated product causes a skin irritation, eye infection, etc. fyi - They have informally accepted responsibility as they say their driver was "inexperienced". If you could offer advice on this situation it would be greatly appreciated. The manufacturer is in California but we are in Manitoba, Canada.Sincerely,AshleyLynn Professional
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