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North Dakota _____________ (Name) _________________________________ (Position) Indemnity Agreement - 3 - Initials ______ / _______/ ______ IFIER: ___________________________________ ___________________________________ (Name) ___________________________________ (Position) INDEMNITEE: _________________________________ ____________________nally Left Blank] Indemnity Agreement - 2 - Initials ______ / _______/ ______ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. INDEMNhis Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. [Remainder of Page Intentio____________________________ __________________________________________________ __________________________________________________ 8. WAIVER: The failure of either party to enforce any provisions of ter: __________________________________________________ __________________________________________________ __________________________________________________ b. If to Indemnitee: ______________________equired or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service: a. If to IndemnifiIndemnifier and Indemnitee. 6. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of ___________________________________. 7. NOTICE: Any notice res, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promishe covenants and conditions contained in this Agreement shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the Parties. 5. ENTIRE AGREEMENT: reement - 1 - Initials ______ / _______/ ______ and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 4. BINDING EFFECT: Ton, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, Indemnity Agnt (e.g. under any insurance policy, etc.) of the amounts otherwise indemnifiable under this Agreement. 3. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reasght to employ its own counsel in any such claim at its own expense. C. Duplication of Payments. Indemnifier shall not be liable under this Agreement if Indemnitee has otherwise actually received paymeier, Indemnifier will not be liable to Indemnitee under this Agreement for any fees of counsel subsequently incurred by Indemnitee with respect to the same claim; however, Indemnitee shall have the riithheld) upon the delivery to Indemnitee of written notice of its election to do so. After delivery of such notice, approval of such counsel by Indemnitee and the retention of such counsel by Indemnifto indemnify Indemnitee under this Agreement, Indemnifier shall be entitled to assume the defense of any such claim, with counsel approved by the Indemnitee (which approval shall not be unreasonably witee believes indemnification would be sought under this Agreement, Indemnitee shall promptly give notice to Indemnifier of the claim. B. Option to Defend. In the event Indemnifier shall be obligated mnified for. Be specific or the indemnification may be too broad.] 2. INDEMNIFICATION PROCEDURES: A. Notice. In the event that Indemnitee receives notice of any asserted or impeding claim where Indemn_____________________________________ ______________________________________________________________________________ [insert a description of the activity or contract that the Indemnitee is being inde ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________ or damages that arise from the following: ______________________________________________________________________________ ______________________________________________________________________________ and sufficiency of which are hereby acknowledged, Indemnifier hereby expressly agrees to indemnify and hold harmless Indemnitee, its successors or assigns against all suits, actions, claims, demands,_____________________________________ ("Indemnitee"). Indemnifier and Indemnitee may collectively be referred to as the "Parties." 1. INDEMNIFICATION: For good and valuable consideration, the receiptT This Indemnity Agreement (this "Agreement") is entered into as of ______________________, 20___ by and between ________________________________________ ("Indemnifier") and _____________________ ___ering into this type of agreement. In addition, before using the form you should always consult with your attorney to ensure that it addresses your specific situation. Information INDEMNITY AGREEMENf the indemnification (e.g. indemnification procedures, notice, etc.). States may have different laws relating to indemnifications, so you should become familiar with the laws of your state before entticipation in the contract. Party X is protected and Party Y gets the participation of Party X. Indemnity agreements will memorialize this understanding and will also set out some of the basic terms out Party Y is hesitant because of the potential future liability of such an endeavor. In this case, Party X may chose to indemnify Party Y against any future claims that may arise due to Party X's pareement whereby one party agrees to protect another party against certain future losses or claims. For example, suppose Party X would like to enter into a contract with Party Y to build a playground, bng any document with another party. The purchase and use of this form is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com INDEMNITY AGREEMENT An indemnity agreement is an agrstarting point for you and should not be used or signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiatiuage that should be included in similar agreements. Laws vary from time to time and from state to state. This form is not intended and is not a substitute for legal advice. This form should only be a e you. Please erase these instructions before printing the final version of your agreement. Both the Indemnifier and the Indemnitee must sign the Agreement. This form contains the basic terms and langreement (the "Agreement") Read the Agreement carefully. Insert all requested information in the spaces provided on the form. Bracketed and italicized instructions are included on the form to help guidInstructions & Checklist INDEMNITY AGREEMENT This package contains: (1) Instructions and Checklist for the Indemnity Agreement; (2) Information about the Indemnity Agreement; and (3) The Indemnity Ag North Dakota