I have copied the paragraph, reversed the words and then it protects both. Haven't done it with a government entity, but contracts really should be to protect both parties.
RickG wrote: > One of our favorite topics :) > > So, I've had fairly good luck with the tower agreements that I've > posted until lately. It seems people are getting real particular these > days, which is fine. After two years of discusions, I've finally made > some progress of getting on a nearby towns water tank. My issue is > that they have scrapped my contract and come up with an "easement > contract" of their own. Its not too bad but I'm concerned about the > "indemification section". Basically, it reads as follows: > > INDEMNIFICATION: > The Grantee does hereby agree to defend, hold harmless, and indemnify > Grantor, its successors and assigns, from any claim of liability or any other > claim involving the access, utilities, or arising out of the Grantee's > use of the > easement described above, unless caused by Grantor's negligent or willful > conduct or Grantor's failure to fulfill its maintenance obligations as set > forth > in Paragraph 6 above. As a government. the Grantor reserves all rights > afford under its Sovereign Immunity. > > Basically, it protects them but not me. LOL, normally my contract does > the reverse! Thoughts? > -RickG > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: [email protected] > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > > > -- Scott Reed Sr. Systems Engineer GAB Midwest 1-800-363-1544 x4000 Cell: 260-273-7239 -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
