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Recent Indemnity questions

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.

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Damien Bosco

Attorney

Doctoral Degree

3,830 satisfied customers
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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LawyerDavid

Vice President & General Counsel

Juris Doctor

666 satisfied customers
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?

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Loren

Juris Doctor

43,582 satisfied customers
A policy holder is being offered a lump sum (73% of the

A policy holder is being offered a lump sum (73% of the present day value calculation) to stop a monthly base indemnity which is payable for life. The male individual is 65. Is this a fair deal?

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RayAnswers

Lawyer

Doctoral Degree

42,574 satisfied customers
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

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RayAnswers

Lawyer

Doctoral Degree

42,574 satisfied customers
If I take the offer of buy out for my shares in llc does

If I take the offer of buy out for my shares in llc does this clear me of all debts future and past if it fails

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Lucy, Esq.

Juris Doctor

33,546 satisfied customers
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

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Asad Rahman

Attorney

J.D.

4,660 satisfied customers
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 ***@******.***Toll Free: 1-***-***-****

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Damien Bosco

Attorney

Doctoral Degree

3,830 satisfied customers
I'm having trouble getting payment from client. I need

I'm having trouble getting payment from client. I need advice on what actions I can take concerning the Intellectual Property of the content and what I can do to seek payments from an unresponsive client that owes money.Detailed explanationI'm a freelance animator in NC and was contracted by another animator who lives in Illinois to make 3D models for a product that a large company sells. Me and him have worked on projects before and he's very forgetful about payments, but this is the first time I've had troubles like this with him.The company that hired him is now using my 3D models on tv, their website, and other products to promote their brand. Meanwhile, it's been almost 5 months since I sent out my invoice for the project and after months of asking where the payment is and the animator who hired me tells me last month he already spent the money he was paid from the large company and he doesn't know when he can get me the money. So naturally I'm pretty ticked off about the situation and want a way to get my money as soon as possible, which means I want to light a fire under this guy's ass until he gives me what is owed.Can I contact the large company that is using my IP and say "hey, you can't use my IP unless I say so, because I haven't been paid. I can sue"? Can I take the animator to court for the unpaid total? It's roughly $5k.Thanks,Daniel

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Damien Bosco

Attorney

Doctoral Degree

3,830 satisfied customers
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