Tag Archives: California

I was recently rear ended by an uninsured motorist.

Posted on by

I was recently rear ended by an uninsured motorist. It wasn’t a very bad accident, but I do have to replace the rear bumper and took a couple days off for whiplash related soreness. I have uninsured motorist insurance, and the insurance company wants to offer me $500, but wants me to sign an indemnification clause. It’s a page and a quarter, so it’s not terribly long, but I’m not sure I should sign it quite yet. I’m assuming indemnification clauses are common practice, and I doubt I will have further expenses in the foreseeable future, except taking time off work to deliver and pick up my vehicle. Is this something I should sign or could I have an attorney look at the documents for free?

bail bond agreement if i am a signer as an indemnitor on a bail bond, is my…

Posted on by

bail bond agreement
if i am a signer as an indemnitor on a bail bond, is my only responsiblity that the defendant appears in court? and if he does appear do i still have financial obligation? I signed the promissory note & the indemnity agreement for my brother 3 1/2 yrs ago now I’m being harrassed by a collection agency. It was my understanding when I signed that I would only be responsible for him to show up in court, and if he did I would have no further responsibility.

Could you please teach me what Subsection 17.

Posted on by

Could you please teach me what Subsection 17.1.5 means in plain English?

17.1 If any claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then (except where clause 16.2 applies) the Seller shall indemnify the Buyer against all loss damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that:

17.1.5 the Seller shall be entitled to the benefit of, and the Buyer shall accordingly account to the Seller for, all damages and costs (if any) awarded in favour of the Buyer which are payable by or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by any other party in respect of such claim;

****************************************************************************************

The whole section goes like the below:

17. INDEMNITY

17.1. If any claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then (except where clause 12.1.2.3 applies) the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that:

17.1.1. the Seller is given full control of any proceedings or negotiations in connection with any such claim;

17.1.2. the Buyer shall give the Seller all reasonable assistance for the purpose of any such proceedings or negotiations;

17.1.3. except pursuant to a final award, the Buyer shall not pay or accept any such claim, or compromise any such proceedings without the consent of the Seller (which shall not be unreasonably withheld);

17.1.4. the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do);

17.1.5. the Seller shall be entitled to the benefit of, and the Buyer shall accordingly account to the Seller for, all damages and costs (if any) awarded in favour of the Buyer which are payable by or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by any other party in respect of any such claim; and

17.1.6. without prejudice to any duty of the Buyer at common law, the Seller shall be entitled to require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Seller is liable to indemnify the Buyer under this clause.

thanks

Improper keeping of Deposit/Indemnity Charge When I was moving out of my…

Posted on by

Improper keeping of Deposit/Indemnity Charge
When I was moving out of my apartment, the Property Manager, who did the walk-through, said that a few spots on the carpet might not be able to be cleaned and the carpet might need to be replaced. The carpet was cleanable, and I said that if the company that they used was not able to clean it, for which I knew I would have been charged, that she was to call me (I gave her a cell phone on which I am available 24 hrs a day) and I would use my remaining 8 days of the lease to have the carpet cleaned, to which I have a witness to. The only reason I wouldn’t have received a call was if everything was ok.

Receiving no call, I was planning on receiving my deposit check sometime the following month. I received instead a bill for the pro-rated carpet replacement minus my security deposit and over 100 dollars of overages paid to the account.

I am refusing to pay, because I was not given the opportunity to clean the carpet during the time I was paying for the apartment and I did not receive any notification of the carpet replacement. I do not want it to go to collection, so what are my options?