Indemnificeert

Indemnificeert is a Dutch verb meaning to indemnify: to compensate someone for losses or to shield them from liability by taking on the costs, damages, or legal claims. It is commonly used in legal and business contexts to describe a contractual obligation to protect another party against specified risks.

In contracts, an indemnification clause sets out which party pays for which losses and under what conditions. The indemnifying party promises to reimburse the indemnified party for costs arising from events such as a breach of contract, intellectual property infringement, or third‑party claims. The clause may define the scope, exclusions, monetary caps, procedures for defense, notice requirements, control of defense, and remedies.

Indemnification is a risk-transfer mechanism that is related to, but distinct from, insurance. Insurance provides coverage through an insurer, while indemnification is a direct contractual promise between parties. Some jurisdictions limit indemnification, for example by prohibiting it for gross negligence or illegal acts, and contracts often include carve‑outs or mutual indemnities to address equity and risk-sharing.

Examples of indemnificeert in practice include a software vendor indemnifying a customer against third‑party patent claims related to the software, subject to stipulated limits and notice. Another example is a supplier indemnifying a buyer for product liability damages, provided the issue results from the supplier’s fault and not from user misuse or alteration.

Etymologically, the term relates to indemnity and is commonly encountered in contract drafting and governance. Related terms include indemniteit, indemnite, indemniteitsclausule, and general liability concepts.