Declaration Regarding Attorneys' Fees and Costs Hawaii Form
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People also ask
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Does indemnification include attorneys fees?
Most indemnification clauses apply to any monetary damages incurred by the indemnified party related to a covered loss. In addition, the indemnifying party typically also agrees to pay all costs and attorney's fees incurred by the indemnified party in defending a covered claim.
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What is the American Rule regarding payment of attorney's fees?
It provides that each party is responsible for paying its own attorney's fees, unless specific authority granted by statute or contract allows the assessment of those fees against the other party.
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Who typically pays for attorney's fees in the United States?
In the U.S., each party in a legal case typically pays for their own attorney fees, under a principle known as the American rule.
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Does indemnity cover legal fees?
In addition, the indemnifying party typically also agrees to pay all costs and attorney's fees incurred by the indemnified party in defending a covered claim. In other words, indemnification provisions also cover defense costs.
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What are the indemnification costs?
Indemnification agreements, or “hold harmless” clauses, shift risks or potential costs from one party to another. One party to the contract promises to defend and pay costs and expenses of the other if specific circumstances arise (often a claim or dispute with a third party to the contract).
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Are attorneys fees possessive?
The one variant to avoid at all costs is *attorneys fees, which is a possessive form with the apostrophe wrongly omitted. Some will argue that the plural attorneys is simply being used attributively, but it's unusual in English to use plural attributives.
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Does indemnification include defense?
The person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity, but the person indemnified has the right to conduct such defenses, if he chooses to do so.” (California Civil Code §2778(3)(4).)
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What is indemnification and what is included?
Black's Law Dictionary defines “indemnify” as an act establishing “a duty of party A” to “make good any loss, damage, or liability incurred by party B.” The basic concept of indemnity is that of “holding harmless” – by means of indemnification, party A agrees to hold party B blameless in the event of possible loss or ...
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