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Construction projects typically have multiple businesses working together in a dynamic environment. Owner, architect, engineer, general contractors and multiple tiers of subcontractors usually delineate and transfer responsibilities, duties and rights via contracts. The two primary means of transferring these in construction contracts are indemnification clauses and requirements for additional insured status. The breadth of enforceable indemnification clauses in construction contracts varies greatly by state. Each contractor should obtain local legal counsel for review of indemnity agreements that the contractor originates, and those it is asked to sign. Because of recent changes in the ISO endorsements and some insurer's proprietary forms as well, agents can assist their clients who m...
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... the defoliant Agent Orange under contracts with the Federal Government during the Vietnam era... theories of contractual indemnification and warranty of specifications provided by the Gov...) (specifying criteria for indemnification clauses in Department of Defense research and development ...
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... the defoliant Agent Orange under contracts with the Federal Government during the Vietnam era... theories of contractual indemnification and warranty of specifications provided by the Gov...) (specifying criteria for indemnification clauses in Department of Defense research and development ...
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In the Fiscal Year 1998 Defense Authorization Act,5 Congress encouraged the DoD to recover environmental cleanup costs by requiring that the DoD determine what potential affirmative cost recovery sites were located on DoD property and the likelihood of obtaining cost recovery on those sites.
... facility, as well as production contracts under which some widget is produced for the govern... in which indemnity or reimbursement clauses will require the government to indemnify or reimbu... responded by claiming: (1) the Indemnification Clause of the contracts in question did not specif...
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Many CPA firms use engagement letters containing clauses that seek to minimize their exposure to legal liabilities for audits, reviews, compilations, and other professional services. In September 2006, the AICPA's Professional Ethics Executive Committee (PEEC) issued an exposure draft (ED) to interpret Rule 101 that updated a similar September 2005 exposure draft. In light of the comment letters and other evidence, the PEEC abandoned the exposure draft and, instead, issued Ethics Interpretation 501-8. This interpretation recognized that individual regulators have already adopted rules that restrict the use of certain clauses in audit or other attestation engagements. Mitigating risk through limited liability clauses is a complicated issue for US auditors. The AICPA's issuance of Ethics ...
...Auditors have specifically used indemnification and liability limitation clauses and alternative d... course of the audit," provided that the contracts receive shareholder approval (www.opsi.gov.uk/acts...
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...SUBCHAPTER H - CLAUSES AND FORMS. PART 52 - SOLICITATION PROVISIONS AND C... 50.4033, insert the following clause in contracts whenever the approving official determines that th...
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... also included the following indemnification provision ("Indemnification Clause"):. 8. It is th... Claims 7 and Preservation of Indemnity Clauses. DuPont, 54 Fed. Cl. at 365, 367. It held, further... indemnification clauses in government contracts without specific appropriation or statutory author...
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To: TRANSPORTATION EDITORS
Contact: Ed Smelser, +1-612-805-4069, for Minnesota Trucking Association
...Prohibit "total" indemnification clauses in freight contracts. Increasingly, shippe...
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In July 2008, bankruptcy courts across the US prepared themselves for a busy season. As many as 5,664 companies sought to liquidate or restructure that month alone, a 57% increase from the prior year. This Note looks behind the shield of D&O insurance and examines its treatment under the Bankruptcy Code. Part I provides an overview of the duties of directors and officers of a corporation, as well as the protections they receive under the business judgment rule and indemnification contracts. Part II explains the three different "sides" of D&O insurance policies. Part III discusses basic bankruptcy concepts including directors' and officers' duties in bankruptcy, automatic stay, and property of the estate provisions of the Code, as well as the treatment of contracts in bankruptcy....
..., many corporations' bylaws contain clauses requiring indemnification of directors and officer...
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...construction contracts should always allocate the risks posed by. potenti...its interplay with indemnification clauses in construction. contracts should make all...