What is the difference between an indemnification agreement and a hold harmless agreement in construction contracts?
In the construction business, indemnification and hold harmless agreements are important provisions that protect contractors and other parties from liability and protect their interests. Though they may sound similar, an indemnification agreement and a hold harmless agreement are two different types of protection. An indemnification agreement is a provision in a contract that indemnifies one party from any losses that the other party may incur as a result of their contract with each other. This type of agreement requires one party to reimburse the other party for any damages, losses, or liabilities that arise from their contract. In Washington, an indemnification agreement may cover a wide range of liabilities, including property damage, personal injury, and copyright infringement. On the other hand, a hold harmless agreement is a provision that protects one party from liability for damages caused by the other party. With a hold harmless agreement, the party that is indemnified from liability typically does not have to pay back any money or provide any compensation or reimbursement to the other party. Instead, the party who is being held harmless is simply relieved of any legal responsibility for any damages caused by the other party. In summary, an indemnification agreement is a contractual provision that requires one party to pay back the other party for any damages, losses, or liabilities that arise due to their contract, while a hold harmless agreement is a contractual provision that relieves one party of any legal responsibility for damages caused by the other party.
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