Legal

Indemnification

A contractual obligation by one party (the indemnitor) to compensate the other party (the indemnitee) for losses, liabilities, or damages arising from specified events, typically each party's own negligence or acts.

Extended Definition

Lease indemnification provisions allocate risk for third-party claims arising from the use and occupancy of the premises. Tenants typically indemnify landlords for claims arising from the tenant's use, operations, or negligence; landlords typically indemnify tenants for claims arising from the landlord's negligence or misconduct. Mutual indemnification with a carve-out for the indemnitor's own negligence is standard in well-negotiated leases. Broad indemnification clauses — particularly those requiring a tenant to indemnify the landlord against the landlord's own negligence — are material risk items in a lease abstract and should be flagged for legal review.

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