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Compensation may take the form of cash payments or repairs or replacements, depending on the terms of the compensation contract. For example, with respect to household insurance, the owner pays insurance premiums to the insurance company in return for the assurance that the homeowner will be compensated if the home suffers damage from fires, natural disasters or other hazards specified in the insurance contract. In the unfortunate event that the house is severely damaged, the insurance company is required to restore the property to its original condition – either by repairs by licensed contractors or by reimbursement to the owner for expenses for such repairs. Suppose you are a software developer and your client wants to be sure to compensate them for copyright or copyright infringement. The compensation clause may be as follows: A compensation provision distributes expenses and risks when a party commits one of the following commissions: In 1979, the Minnesota Supreme Court ruled that a subcontractor should compensate the contractor for the damages he caused, pursuant to a compensation clause in his designation. [20] They would sign a compensation contract with the parachute company. With the signing, the compensation agreement protects the company of paratroopers from legal action. Compensation clauses have more impact on liability than any other clause in a professional services contract. For example, if a construction consultant agrees to compensate a client, the advisor can take over one or all of the client`s debts, whether it is actual or potential debts. Depending on your circumstances, you can include an additional language. For example, you can limit compensation to certain third-party claims or limit it to situations in which a party has filed an appeal or a court has rendered a final judgment. In the case of a contractor of a owners` association (HOA) where “the contractor compensates the association, defends it (by a lawyer reasonably acceptable by the association) and considers the association unscathed.

[25] Companies and HOAs also use compensation to protect directors, as few would act as directors if their risks were not compensated. [26] Negotiations are important for both sides. “Almost all administrative contracts of the owners` association have a provision stipulating that the HOA compensates the administrator in certain circumstances… There are many ways to develop the compensation clause, and management and the AAS must consider what protects the best. [27] A compensation clause is an agreement of one party to assume responsibility in the event of a disaster. This is usually a transfer of risk from one party to another. When a contract is non-negotiable (contract of liability), the text often lets the compensaters decide what they spend on the fees and charge them for compensation. [29] Most of the clauses are fairly broad. [29] [30] Below are examples of compensation requirements for a number of companies.