indemnity clause


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indemnity clause

See hold-harmless clause.

References in periodicals archive ?
The New Jersey court found that merely being engaged in activities related to those specifically contracted for at the time of the accident was sufficient to make the indemnity clause applicable to the claim.
An indemnity clause is a contractual provision in which one party agrees to answer for any specified or unspecified liability or harm that the other party might incur, according to Black's Law Dictionary, Eighth Edition.
It took note of the "wide words" of the indemnity clause (see "Covered or Not").
Appointed agents' contracts with insurers often contain indemnity clauses, which can stipulate that the insurer pays for its agent's defense.
The club and the player included an indemnity clause in the contract which stipulated the amount of compensation, EUR 15,000,000, that would be payable by any party to the other in case that one would terminate his contract prematurely.
In those states that will enforce the portions of an indemnity clause that do not violate public policy, the addition of "permitted by law" or "compliance with the law" language may permit part of the agreement to stand.
At a minimum, an indemnity clause must state that the promising party will indemnify and hold harmless the promisee for all accidents and claims arising out of the promisor's use of the premises, activities or operations on behalf of the promisee, even if the accidents, claims or lawsuits were caused in part by the negligence or conduct of the promisee.
The efficacy of an indemnity clause is determined according to the principles outlined by the High Court of Australia in Andar Transport Pry Ltd v Brambles Ltd: (121) the approach in interpreting an indemnity clause is to 'construe the clause strictly in the context of the contract as a whole and, to the extent that there remained any ambiguity, to construe the indemnity in favour of [the party granting indemnity]', that is, the customer of the bank.
Indeed, one clause, the "Patent Indemnity Clause," transfers liability to compensate the patent owner on to the contractor.
Obviously, if the work is very short term, a temp is likely to be the best option, but you could ask the agency for an indemnity clause against claims from either the worker or HMRC.
As most legal assistance practitioners understand, where the servicemember's military retired pay is divided under the terms of a separation agreement or court order, either of those documents are likely to contain an indemnity clause. (7) The effect of such a clause, typically, is to preserve a former spouse's share of the servicemember's retired pay in the event the member chooses to accept disability compensation.