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Vol. 34, No. 3 / Fall 2019Association of Defense Counsel of Northern California and Nevada59 Annual Meeting thDecember 67, 2018Westin St. Francis San Francisco, CAwww.adcncn.org Now showing on a small
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How to fill out contractual defense and indemnity

01
Review the contract thoroughly to understand the terms of defense and indemnity.
02
Identify the parties involved and their obligations regarding defense and indemnity.
03
Determine the applicable laws and legal standards that govern the contract.
04
Clearly outline the scope of indemnity, including types of claims covered.
05
Specify the process for notifying the indemnifying party of claims.
06
Include provisions for the choice of legal counsel and approval of defense strategies.
07
Define the limits of liability and any exclusions to the indemnity clause.
08
Ensure that the language used is clear and unambiguous to avoid disputes.
09
Have legal counsel review the contractual language before finalizing.

Who needs contractual defense and indemnity?

01
Businesses engaging in contracts that involve potential liabilities.
02
Contractors or subcontractors who may face claims arising from their work.
03
Service providers who need protection against third-party claims.
04
Parties in a joint venture where risks are shared between entities.
05
Companies that operate in high-risk industries such as construction, manufacturing, or healthcare.
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Contractual defense and indemnity refers to a legal provision wherein one party agrees to defend and compensate another party for claims arising from a contract. This typically involves covering legal costs and settlements associated with lawsuits linked to the contract.
Generally, parties involved in contracts that include defense and indemnity clauses are required to file. This often includes contractors, subcontractors, and service providers who must ensure they can cover potential liabilities.
To fill out a contractual defense and indemnity, parties should provide the required information in the contract, including details of the indemnified party, the scope of coverage, potential claims, and any limits or exclusions that apply.
The purpose of contractual defense and indemnity is to allocate risk between parties, ensuring that one party can seek compensation and legal defense in the event of claims that arise from the contract, thereby protecting their financial and legal interests.
Information that must be reported typically includes the names of the parties involved, a description of the liabilities covered, the specific contractual terms, and any relevant dates related to the obligations.
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