Indemnification

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broad

What type of indemnitee is not enforceable in most states?

broad

Types of Indemnity: Requires the indemnitor to hold harmless and indemnify the indemnitee for anything and everything including the indemnitee's sole negligence

indemnification

Clause that shifts risk from one party to another

limited

Types of Indemnification: "The Contractor and Subcontractor each agree to indemnify the other for the direct cost of losses due to bodily injury (including death) and property damage to the extent caused by indemnitor during the performance of its work on the project. In no event shall this agreement be affected by any insurance certificate provided by the parties and neither party shall be liable to the other for any consequential or indirect damages."

intermediate

Types of Indemnification: Requires the indemnitor to hold harmless and indemnify the indemnitee for anything and everything except the indemnitee's sole negligence

limited

Types of Indemnification: States that the indemnitor will hold harmless and indemnify the indemnitee for the consequences of the indemnitor's negligence

intermediate

Types of Indemnity: "To the full extent permitted by law, the Subcontractor agrees to indemnify and save harmless the Contractor and Owner from and against any claim, cost, expense or liability (including attorney fees), attributable to bodily injury, sickness, disease or death or damage to property caused by, arising out of, resulting from, or occurring in connection with the performance of the Work by the Subcontractor, its sub-subcontractors and suppliers, or their agents, servants or employees, whether or not caused in part by the active or passive negligence or fault of a party indemnified hereunder."

broad

Types of Indemnity: "To the fullest extent permitted by law, the Subcontractor shall indemnify, defend, save and hold the Owner, the Contractor and Architect, their respective partners, officers, employees and anyone else acting for or on behalf of any of them (herein after collectively called "indemnitees") harmless from and against all liability, damage, loss claims, demands and actions of any nature whatsoever which arise out of or are connected with, or are claimed to arise out of or be connected with: The performance of the Subcontractor Work; or Any accident or occurrence that is alleged to have happened in or about the place where such Work is being performed or in the vicinity thereof; or While any of the Subcontractor's property, equipment or personnel are in or I about such place or vicinity, whether or not such liability, damage, loss, claim, demand or action was caused in part or in whole by the active or passive negligence or other fault of a party indemnified hereunder."


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