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Tricky Business Part 1: Indemnification for Landlords
As a landlord, you’ve battled your way through lease provisions – square footage, renewals, rent formulas, build-outs, cost sharing and compliance – but that doesn’t mean you can skip over the indemnification section boilerplate.
Are you seeking an indemnity from the tenant? Do you expect the tenant to indemnify you “against all claims” for damage? Take caution that the nature of the claim and the claim type are specified clearly in order for indemnity to be enforceable in Maine. In Massachusetts assume such an indemnity will not be enforceable at all unless it excepts your negligence.
Although there may be an insurance solution, indemnification is tricky business. Be sure to review indemnification language with an experienced insurance broker and counsel to protect your other hard-won lease provisions. Stay tuned: Part 2 will focus on waiving claims, subrogation and insured losses.
Today’s real estate tip is brought to you by Rick Smith, a member of Bernstein Shur’s Real Estate Practice Group. For more information on indemnification and enforcement, contact Rick at firstname.lastname@example.org or 603 623-8700 ext. 8829 or 207 774-1200.