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Many clients use defense and indemnification clauses in an attempt to control their own litigation costs and ensure their ability to recoup damages.
Another option is to ask vendors to agree to the indemnification clause, shifting the risk, often appropriately, to them, he said.
Obviously, it is within the Legislature's purview to provide indemnification in Florida for various public officials.
You also should be vigilant when describing the types of activities that will be covered by an intellectual property indemnification provision.
Intermediate Form" indemnification requires the other party to indemnify the owner in all instances except when they are solely negligent.
Lozoff stressed that there is one basic way to nullify indemnification.
The credit union argued to the trial court that the appraiser's indemnification claims should be dismissed on the grounds that it did not agree to such terms because they were not part of the credit union's original request for the appraiser's services.
Mike Curtis explains, "With this proposition, we are able to bring the community ethos of OSS to organisations that up until now have been restricted by a lack of viable indemnification for their adoption of OSS outside the commercial vendor backed products.
Further, the court denied that portion of the property owners' cross motion for summary judgment seeking contractual indemnification against Gallin, finding that there was no contract between the property owners and Gallin, and that the property owners were not third-party beneficiaries of the agreement between Ann Taylor, Inc.
Such an indemnification could in theory have resulted in Canal's being the ultimate obligor on the bank loan.
Such contracts, whether related to construction, lease of premises, and sale of product, may be intended to achieve indemnification of one party for the other's negligence; cross-indemnification of both parties; or indemnification of a party for all negligence except its own.
Thus, if a hospital is entitled to indemnification from any party it should being its action for indemnification within the statutory period or lose it