hold-harmless clause

A contract provision that if one party is harmed, injured, subjected to claims,sued,or has a judgment against it,the other party to the contract will reimburse the first party for all such costs,expenses,and claims.It is a common clause in commercial leases,because the law imposes liability on both owners and occupiers of land for a wide variety of injuries caused by defects in or on the property.By the time an innocent landlord,tenant,or other party to a contract is able to obtain a dismissal of charges as to them,the bills for legal fees could amount to many tens of thousands of dollars.To control this situation, landlords usually require hold-harmless clauses from tenants.On the other hand,if the tenant has the superior bargaining position,the tenant will refuse to indemnify the landlord and,in addition,require the landlord to indemnify the tenant! Also called an indemnity clause.

Mentioned in ?

References in periodicals archive ?

Ensure that the contract includes a hold-harmless clause.

'Tis the season for liability: four tips to reduce risk exposure during the holiday season

c) the patients agreement that the physician (in his or her sole discretion) determines whether the condition being diagnosed and/or treated is appropriate for a telemedicine encounter; (d) details of the security measures taken with the use of telemedicine such as encryption, password protection, authentication technologies, and potential risks to privacy of protected patient health/healthcare information notwithstanding such security measures; (e) a hold-harmless clause for information lost because of technical failures; and (f) clear documentation of patient consent for the release of any patient-identifiable information to any third party.

Physician liability issues and telemedicine: part 2 of 3

The Antideficiency Act violation was caused by a contract containing a hold-harmless clause which subjected the Commission to potentially unlimited liability.

Financial Audit: American Battle Monuments Commission's Financial Statements for Fiscal Years 2010 and 2009

Additionally, a typical payer-provider agreement contains a hold-harmless clause.

Concierge concerns

I tell the MCOs, `If you don't let us run tests that we believe are necessary, you'll have to modify the hold-harmless clause of our contract.

Ask that the hold-harmless clause be stricken from your contract.

You don't have to miss out on a valuable profit center

Had a reverse hold-harmless clause been written into Kadison Pfaelzer's partnership agreement, releasing the remaining partners from the ex-partners' liabilities, the firm would have remained financially sound.

Take a careful look at your partnership agreement

GAO also found that a Commission contract for temporary employees violated the Antideficiency Act as it contained a hold-harmless clause which subjected the Commission to potentially unlimited liability.

Financial Audit: American Battle Monuments Commission's Financial Statements for Fiscal Years 2009 and 2008

Therefore, a CPA offering SysTrust services should consult legal counsel before using a loss-limiting or hold-harmless clause in an engagement letter.

SysTrust and third-party risk

Therefore, a CPA offering WebTrust services should consult legal counsel before using a loss-limiting or hold-harmless clause in an engagement letter.

The law and CPA WebTrust

Among other measures, writing center practitioners can help delineate the lines of responsibility and limit their risk of becoming scapegoats by continually communicating the center's mission to clients, keeping accurate records, and using hold-harmless clauses.