Most compensation provisions require the compensated party to “compensate and maintain the portion unscathed” for certain debts. In practice, these terms are generally paired and interpreted as a unit to mean “repair.” 11. Compensation — Two sampling clauses: 1) for use in “off-label” (use of drugs not authorized by the FDA) through clinical study agreements; 2) for use in on-label clinical trial agreements (FDA-authorized use of drugs). The interpretation of the importance of Hold harmless depends on the other provisions of the treaty, as allowances, like all other clauses, are interpreted in the context of the whole contract and not just as stand-alone provisions. [13.1: This paragraph adds obligations to notify and defend claims and cooperate. It can be added to any compensation at the request of the promoter or at the discretion of the component.] There are a number of common exceptions to compensation. They generally deal with circumstances in which the actions of the compensated party cause or contribute to the harm that triggers compensation. A compensation provision may, for example. B exclude compensation for claims or losses arising from the claim of the compensated party: however, the California code provides that the defence obligations are “considered to be contained in any compensation agreement, unless the parties indicate otherwise.” Crawford v. Weather Shield Mfg., Inc., 187 P.3d 424, 44 Cal.4th 541 (2008). 6.
Compensation — For use in equipment transfer contracts, university transfer. Most commentators suggest the use of both terms. (See, Are “Compensate” and “Keep Harmless” the same?). Sarah Swank advises, for example, that it is “[g]enerally, it is advisable to include both compensation and harmless language because of the diversity of definitions of no-position.” www.ober.com/publications/2113-clarifying-confusing-world-indemnification-hold-harmless-defense-clauses) The same argument – that the terms cover a wider range of results – can also be interpreted as uncertainty, and that is why others strongly discourage using them. (See even more on “Indemnify” and “Hold Harmless” and revisiting “Indemnify,” Ken Adams. Compensation clauses allow a contractor: compensation clauses are used to manage the risks inherent in a contract, as they allow one party to protect itself from liability arising from the actions of another party. They are particularly useful when the actions of one party may represent a risk that the other party would otherwise have to bear. Strictly speaking, the declaration of “keeping unscathed” means absolve another of responsibility. Sarah E. Swank writes that “[a] injury-free provision means that an organization is not liable for certain damages under an agreement. This clause prohibits the party responsible for compensation from bringing an action against the compensated party. Clarifying the Confusing World of Indemnification, Hold Harmless and Defense Clauses, January 2013. Compensated parties with a great deal of bargaining power can seek redress for their own negligence and insist that the exception applies only to serious negligence.
This is not contrary to public policy, but it is unusual in commercial contracts and is generally limited to certain sectors such as the construction sector. A typical compensation clause consists of two separate and distinct obligations: a duty to compensate and a defence obligation. Instead of agreeing to one party that compensates the other, compensation could be agreed to go both ways: mutual compensation. 13.4 The university is an authority of the State of Texas and, according to the Auto-Insurance Plan of the University of Texas System Professional Medical Malpractice Self-Insurance Plan, under the supervision of Section 59.01, Texas Education Code.