Degrees of Protection Sample Clauses

Degrees of Protection. Contractual Obligation, Indemnity, and Hold Harmless As mentioned above, people differ in their views regarding the differences between hold harmless and indemnity clauses. To be on the safe side, you can use both. Is there a difference in protection to you between using a regular contract, an indemnity agreement, or a hold harmless clause? The answer is yes. Though there is still some debate, it is safe to say that an order of preference exists among the three. The lowest level of protection is activated in a breach of contract. In a binding contract, there is a unilateral decision to accomplish something for the other party, and if this is not done, or not done properly, then the contract is breached. You can be sued for any damage you caused. There is minimal protection via concepts such as mitigation and remoteness. The second level of protection is secured by indemnity. In this situation, if someone suffers a loss due to your negligence, you reimburse them. Originally, indemnity was meant to ensure that one party helped the other by making up for losses from an event for which the first party was responsible. The responsibility is triggered by the indemnified party's loss, with no contractual breach having occurred. Therefore, indemnity is different than a claim for damages. They are completely separate things, born of distinct situations. Another distinction between a breach of contract and indemnity comes in the form of limitation. For any limitations that apply to a breach of contract, the countdown starts when the breach occurs. For an indemnity, the clock does not start until the party has a right to be indemnified or perhaps until the other party fails to indemnify. The third level of protection is a hold harmless clause. This is the highest protection possible. It is not limited to a breached contract and claiming damages, nor is it a pre-made blanket of protection like an indemnification. With a hold harmless clause, you claim that you not only indemnify and protect the other party but that you hold them completely harmless. You deny that it is their fault at all. If you hold the party harmless, you are not simply claiming they will not be harmed. It means you consider them blameless, theoretically and practically. In this respect, a hold harmless clause negates the argument of blame. The indemnifier will not point fingers at the beneficiary, even if that person made the loss happen. There is a huge significance here, especially in relation to...
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Degrees of Protection. The degree of protection shall comply with SANS 00000-0-0 and the categories shall be:
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Related to Degrees of Protection

  • Interim Measures of Protection A Tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to facilitate the conduct of arbitral proceedings, including an order to preserve evidence in the possession or control of a disputing party. A Tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach referred to in paragraph 1 of Article 76.

  • Xxxx Protection 23.1With respect to the Parties' rights and obligations under this Framework Agreement, the Parties agree that the Authority is the Data Controller and that the Supplier is the Data Processor.

  • Term of Protection Initial registration, and each renewal of registration, of a trademark shall be for a term of no less than seven years. The registration of a trademark shall be renewable indefinitely.

  • Staff Protection A. The District shall protect certificated employees acting within the scope of their employment by purchasing liability insurance in the amount of at least five million dollars ($5,000,000) per occurrence, and the District shall include the certificated employees as named insured under the liability insurance and errors and omissions policy of the school district.

  • TEACHER PROTECTION Section A: Working Conditions Paragraph 1: The Board agrees to str ive continually to provide working condi- tions which meet federal, state and local laws and regulations.

  • System Protection To prevent compromise of systems which contain DSHS Data or through which that Data passes:

  • Foot Protection The Employer reserves the right to require the wearing of foot protection by employees. In such cases, the Employer will provide a safety device or, if the Employer requires the employee to purchase approved safety shoes, the Employer will pay an allowance, not to exceed the established contract price approved by the State Purchasing Division, during January of each year.

  • Job Protection 15.9.1 Subject to 15.10 below, an employee returning from parental leave is entitled to resume work in the same position or a similar position to the one they occupied at the time of commencing parental leave. A similar position means a position:

  • Virus Protection The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

  • SAFETY AND PROTECTION OF PROPERTY The Contractor shall at all times:

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