`The Contractor undertakes to: __________ (city/state/county) liability and right to damages resulting from bodily injury, death, property damage, illness or less of all costs resulting from the contractor`s performance under this Housing Installation or Construction Agreement to be paid out of the proceeds of the Owner`s Rehabilitation Loan; to defend, compensate and keep compensated. The Contractor shall act as an independent Contractor with respect to the Owner. Any county might need a specific language to tackle the above issues, so be sure to check the validity of your clause and contractual language. Lo que me parece interesante (en mi comentario anterior) sobre “hold harmless” es lo siguiente: No debemos confundir el término Indemnify, en este contexto, con el verbo “innizar” ni con el sustantivo “innización”. As the American jurist Ken Adams points out on his blog “Adams on Contract Drafting”, “A shall indemnise B” means “A will be liable to B”. That is, A responds to B for something and releases B from any responsibility for that something; in the case of clauses we review regarding costs or damages resulting from their non-compliance or negligence. Among Anglo-Saxon jurists, it is generally permissible to identify the meaning of the two verbs to enpenify and to hold harmless. Even Black`s Law Dictionary identifies these terms by treating them as synonyms and defining them as follows: To hold harmless: Regarding this entry, I would like to tell you that I came across a very interesting article in English that tries to explain the nuances between “hold harmless” and “defend”, which, in a contract that I translate, Introduce yourself together. However, as opposed, some jurists point out that there are differences between the concepts and hold harmless that indicate that they cannot always be considered synonymous. This is what emerges from Mellinkoff`s diction of us legal usage and indicates that, although compensation is generally used as a synonym for Hold Harmless, in some cases it may also refer to reimbursement for any damages.
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