If the above approaches are not successful and the client refuses to remove or modify the request for defense and indemnification
, do not accept unlimited liability.
If you agree to a $500 contract that contains an uncapped indemnification
clause, for example, your organization might be subject to a $10,000 or higher claim.
issue was raised in an April 21 letter from FCCC President Joseph E.
You may be better served coupling the indemnity with specific representations and warranties, the breach of which will not only give rise to the indemnification
obligation but also provide a basis on which the entire contract or relationship may be terminated.
Lastly, "Limited Form" indemnification
only to the extent of the negligence of the other party.
The amendment specifically prohibits the availability of the indemnification
protection when a court determines that the indemnified party has committed 'gross negligence' with corresponding damage to the fundamental interests of the membership.
The appraiser appealed the trial court's decision, and the issue before the Washington state appellate court was whether the appraiser's indemnification
language was contractually enforceable against the credit union client.
When you purchase support and indemnification
, LinuxlT's Open Source Software Indemnification
Program guarantees the performance of the OSS item against an enterprise Service Level Agreement (SLA).
and Gallin, the property owners then moved for judgment on their cross claim for common law indemnification
Nevertheless, the transaction was characterized as a sale for financial accounting purposes, and Canal recorded no book liability for Canal's potential liability under the indemnification
shall extend to claims resulting from performance of this subcontract and shall apply only to the extent that the claim or loss is caused in whole or in part by any negligent act or omission of subcontractor or any of its agents, employees, or subcontractors.
The amended counterclaim sought indemnification
for the $1 Million that MacNeal Hospital had agreed to pay to settle the case.