Re: Indemnification Revision
That's a standard indemnification provision in commercial leases though I don't understand why the word "member" is being used instead of "tenant." The lease is likely offered on a take it or leave it basis so you aren't going to get it changed.
At any rate, what that is saying is if you, the member (tenant?) is sued for something you allegedly did or didn't do that caused injury or damage to others and management or anybody else is brought in as co-defendant, you would be responsible for paying for their defense and liability as well as your own if you are judged responsible for the injury or damage to others.
You can, of course, decline to pay any of that during the course of litigation and if you are absolved you wouldn't have to pay. But if you lost the case and co-defendants were absolved, you would owe them their costs.
The best way to protect yourself is to have the proper liability insurance that lists your landlord on the policy as an additional insured for the liability coverage, also standard practice.
An independent commercial insurance agent can help you determine what coverage to buy.
Re: Indemnification Revision
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scratchstick
Can anyone help edit or suggest how to rephrase this clause?
Yes. A lawyer you retain and pay for can do that and is the only person who should do it. While many folks who post here regularly are lawyers (and I don't know if any are admitted in New York), at least as many aren't, and we're all anonymous strangers. Please read the disclaimer at the bottom of every page at this site.
That said, I agree that the following statement is unreasonably broad: "Member agrees to hold Management harmless from any claims for damages."
Consult with an attorney and make sure you have appropriate insurance.
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adjusterjack
At any rate, what that is saying is if you, the member (tenant?) is sued for something you allegedly did or didn't do that caused injury or damage to others and management or anybody else is brought in as co-defendant, you would be responsible for paying for their defense and liability as well as your own if you are judged responsible for the injury or damage to others.
I disagree that the quoted provision is limited in this way. It is more broad than that.
Re: Indemnification Revision
Quote:
Quoting
adjusterjack
That's a standard indemnification provision in commercial leases though I don't understand why the word "member" is being used instead of "tenant." The lease is likely offered on a take it or leave it basis so you aren't going to get it changed.
At any rate, what that is saying is if you, the member (tenant?) is sued for something you allegedly did or didn't do that caused injury or damage to others and management or anybody else is brought in as co-defendant, you would be responsible for paying for their defense and liability as well as your own if you are judged responsible for the injury or damage to others.
You can, of course, decline to pay any of that during the course of litigation and if you are absolved you wouldn't have to pay. But if you lost the case and co-defendants were absolved, you would owe them their costs.
The best way to protect yourself is to have the proper liability insurance that lists your landlord on the policy as an additional insured for the liability coverage, also standard practice.
An independent commercial insurance agent can help you determine what coverage to buy.
I agree entirely. Any commercial lease I have been involved in had a similar clause.