Ca Indemnification Agreement
Exemption agreements with planning and construction contracts are subject to specific rules. For example, design professionals have other obligations to defend and compensate those described in Section 2778 (3). 3.18.2 In the case of claims against a person or organization covered in paragraph 3.18 of this paragraph by a contractor`s worker, a subcontractor, persons who are directly or indirectly employed by them or persons for whom they are liable, the obligation to compensate in paragraph 3.18.1 is not limited by a limitation of the amount or nature of the injury. , compensation or benefits that must be paid by the contractor or subcontractor under the Workers` Replacement Act. – acts of disability or other laws on workers` allowance. The third type of compensation clause, the Type III clause, provides that the subcontractor (compensated) compensates the general contractor (compensation) for the liability of the general contractor (exempt) if caused by the subcontractor (dispensary), but excludes any compensation for liability that was created by a person other than the subcontractor (detachment). Under a Type III clause, any negligence of the general contractor (acquit), whether active or passive, will eliminate compensation to the subcontractor (the contractor), whether or not he caused the liability of the general contractor. The subcontractor undertakes to compensate the general contractor for the obligations of thought arising from subcontractors resulting directly or indirectly from the performance of the contract or labour, regardless of the liability for that negligence; However, provided that the agreement does not predict or include anything to provide compensation to a general contractor for negligence or intentional conduct. Its conditions do not depend on the fault of the subcontractor. On the contrary, the conditions of this type of agreement depend only on the person who acted negligently or who committed an accident. If both parties are considered negligent, the subcontractor is liable for any breach and is responsible for any wrongdoing.
The parties have “great freedom to assign [their liability for compensation]” and the courts will apply an explicit compensation contract in accordance with the terms of the parties` agreement. However, the courts will fill in the gaps in the compensation agreement, in accordance with a list of rules of the California Civil Code, unless the parties explain otherwise.