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27 November 2017 | 11 replies
I probably would not take such case if you wanted me to defend it in an audit - which tells you about my view of this strategy.
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29 November 2017 | 22 replies
Charging two months is the right decision because you can defend that if you end up in court.
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30 November 2017 | 3 replies
I am reviewing a property management agreement and came across this clause RE: Indemnification that seems too broad:INDEMNIFICATION:(a) The Owner shall indemnify, defend and save Agent harmless from all suits and/or other legal proceedings whatsoever and cost incurred therefrom in connection with the management of the Property and from liability for injuries suffered by any employee or other person whomsoever, except in cases of willful misconduct or gross negligence on the part of Agent or its employees, (b) The Owner shall indemnify and hold harmless the Agent from and against any costs, loss, expense or damage (including attorney's fees) suffered or incurred by the Agent arising out of or related to the enforcement of this Agreement arising out of a default or other breach by the Owner, the management, operation, improvement, alteration and leasing of the Property, including all other activities arising out of or related to Agent's duties under this Agreement or as a result of any act or thing done or permitted by the Agent or its agents or employees; provided, however, that such indemnification shall not apply to any such cost, loss, expense or damage to the extent that the same relates to or as a result of conduct by Agent which constitutes willful and wanton misconduct.It seems like if one of the Property Manager workers (aka Agent) slips and hurts himself while cleaning the floor the "Owner" is then responsible.
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29 November 2017 | 9 replies
Seller might try to defend on the grounds of mutual mistake if neither of you were aware of the tax problems.
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13 March 2018 | 2 replies
I understand that the chances of getting audited are minimal, but I wanted to make sure I can defend/substantiate any deductions just in case!
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15 March 2018 | 8 replies
It will be up to you to defend any allegation that you are engaged in foreclosure consulting without a license or exemption, if you don't have a license or exemption.
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20 March 2018 | 6 replies
It sounds like you could defend your intent to hold.
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19 March 2018 | 9 replies
Then a liability claim happens and Doe,LLC was negligent...John Doe’s Policy listing Doe,LLC would not defend or pay damages as John Doe was not negligent in the claim.
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20 March 2018 | 22 replies
They aren't going to be the defendant in court if their opinion proves to be flawed.
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26 March 2018 | 8 replies
Whether you're legally liable or not, I think you'd still run the risk of being sued and having to spend money to defend yourself.