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  1. #1
    Join Date
    May 2017
    Posts
    18

    Default Indemnification Revision

    My question involves landlord-tenant law in the State of: New York

    I'm looking to rent an private office space within a larger floor of other members in queens but the below indemnification clause doesn't sit well with me. It looks like anything can happen even if 6800 were negligent and I have to pay for their expenses if they get sued. Can anyone help edit or suggest how to rephrase this clause?

    Indemnification

    Management shall not be liable for any damages or injury to members, or any other person, or to any property, occurring in the
    building or any part thereof, and Member agrees to hold Management harmless from any claims for damages. Member activities
    on the premises may not involve the risk of injury to you or your visitor or family member. Management is not responsible for, and
    you agree to accept responsibility for but not limited to the following: personal or mental injury, loss or damage to possessions,
    due to negligence by 6800, its employees or anyone else using the facilities.

    Should any such claim arise by any other party involving Member, Member's visitor or family member, Member agrees to defend
    6800 against such claims. Member also agrees to pay 6800 for any expenses related to such claims. Member agrees to indemnify for all liabilities
    relating to such a claim to Member, Member's visitor, family member or possessions or anyone else related to such a claim.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,604

    Default 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.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,054

    Default Re: Indemnification Revision

    Quote Quoting scratchstick
    View Post
    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.

    Quote Quoting adjusterjack
    View Post
    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.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,983

    Default Re: Indemnification Revision

    Quote Quoting adjusterjack
    View Post
    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.

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