Nidhi
23 August 2011 at 18:19
Hi All,
I am vetting a agreement and donot have much experience in vetting, kindly guide if the following clause is ok:
INDEMNIFICATION
Each party will indemnify, defend, and hold the other harmless against third party claims(Including, without limitation, the parties’ employees) for personal injury, death or loss of or damage to property caused solely by its negligence in the performance of this Agreement.The indemnitor’s obligations under this Clause are conditioned on receiving prompt notice of a claim from the indemnitee. The indemnitor will be entitled exclusively to control the defense. At the indemnitor’s expense, the indemnitee will provide reasonable assistance in defense of the claim including, but not limited to, promptly furnishing the indemnitor with all relevant information within its possession or control. Because the indemnitor will provide the defense, the indemnitor will not be liable for any attorney fees or costs of indemnitee.The indemnitee may participate in the defense, but in no event will the indemnitor be liable for the indemnitee’s attorney fees or costs. The indemnitee may not enter into any settlement, assume any obligation or make any concession without the prior written approval of indemnitor, which may not be unreasonably withheld.
LIMITATION OF LIABILITY
The maximum liability of Contractor to the Owner arising out of or in connection with this agreement, whether such liability arises from any claim based upon contract, warranty, tort or otherwise, shall in no case exceed the actual amount paid to the contractor by the owner for contract services to be delivered hereunder.
In no event will hail be liable for any incidental damages, consequential damages, special damages, indirect damages, loss of profits, loss of revenues, or loss of use, these limitations and exclusions will apply regardless of whether liability arises from breach of contract, warranty, tort (including but not limited to negligence), by operation of law, or otherwise.
this clause has ben inserted by other party in the agreement.
Anonymous
22 August 2011 at 11:02
Hi Experts,
The community certificate details and the movable & immovable assests of a "BSNL Executive Engineer(EE)" were asked through the RTI Act to know the whether the community/caste information given by the EE is authentic.
But the BSNL department has replied saying that the EE is not consenting to provide these informations. They have highlighted the Act # 8(1) Exemptions from Disclosure section and denied the information.
Is this valid? Can they deny the information?
Thanks.
Anonymous
21 August 2011 at 10:00
1) can person of Indian origin(not Indian citizen. but was indian citizen at one time) nominate General Power of Attorney to manage agriculture land that came thru inheritance?
Thanks
prasanta kumar parida
19 August 2011 at 13:50
urgently in need of a sample copy ofproject report for establishing an old age home for affluent senior citizens
Nagarajan
19 August 2011 at 11:47
After my retirement from the service of the GoTN, I have taken-up improvement works for our ancestral family temple.A part of the temple's land is under un-authorized occupation by a powerful local trust.To fight against them we have formed a Trust for which we need a bye-law for registration. Kindly guide me.
mandeep
19 August 2011 at 09:59
can any one suggest me how to give a legal opinion for the purpose of purchasing a flat.
Dhanesh Dayanand
19 August 2011 at 06:30
Respected Sir,
My father who was a bank employee expired on November 2010. now for getting some benefits from the bank they said they need the legal heir ship certificate. please tell me the procedure that i should adopt in order to get the same quickly so that i can get the benefits from the bank.
hoping for the reply soon
Thanks in advance
regards
Dhanesh Dayanand
Anonymous
18 August 2011 at 17:10
One of my friend is working in govt office.
His voice was recorded by a party when his boss and the party were having conversation regarding demand of bribe from the boss to the party. Party submitted the clip on CD after recording to ACB. Trap by ACB failed. Open enquiry was conducted by ACB. Voice samples of my friend and his boss were taken and samples came out to be positive as spectographic reports from 60 to 80% match. FIR was filed against the boss. No independent witness in the matter. Will only private voice recording stand admissibe in Court of Law ?
SATYASHREE UNHELKAR
18 August 2011 at 17:03
hello to all the experts .
may i know as to two handwritings if are similar or appears to be similar can be examined in which way or by following which principal of detection?
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Validity of form m-20 in chs
Hello
The Managing Committee of our society was elected on 09/08/2009 and assumed office on 13/09/2009. They have filled the Form M-20 on the stamp paper of Rs. 200/- on 28/10/2009. The copies of the M-20 were submitted in the Dy. Registrars office on 06/11/2009. As our society is undergoing redevelopment process, I want to know whether the managing committee is valid or not and whether has the authority to make and sign redevelopment agreement on our behalf.
Regards
Neelachandra
Thanks all in advance