Contract: "...to indemnify us against all loss..." crossed out, but not deleted?
Thread poster: Natalya Zelikova

Natalya Zelikova  Identity Verified
Ukraine
Local time: 08:57
Member (2003)
English to Russian
+ ...
May 10, 2004

Dear Colleagues,

I was asked by an agency to sign a contract containing that standard "indemnification" clause. After I refused to sign it as is, we agreed on signing of the contract without this clause. But the agency insists on this clause being left in the text of the contract and simply crossed out, but not completely deleted.
Could anyone clarify a difference between these two ways and what legal effect will this crossed out clause may have?

TIA,
Natalya


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jmadsen  Identity Verified
Local time: 07:57
I'd be careful... May 10, 2004

I mean, they can always claim that you crossed out the clause and not them, right.
I would insist on a contract where the clause is deleted all together.
I don't know the legal implications, but better safe than sorry.
Experience has taught me never to trust anyone.
Good luck


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Narasimhan Raghavan  Identity Verified
Local time: 12:27
English to Tamil
+ ...
Get the crossed out sentences signed separately May 10, 2004

The contracting parties are expected to verify the fact of crossing out by affixing specific signatures, just as in the case of corrections in cheques. It will be better to specify the number of such corrections at the end of the document just above the final signatures. There should be two identical copies to be retained by both the parties.
Regards,
N.Raghavan


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Claire Titchmarsh  Identity Verified
Local time: 07:57
Italian to English
+ ...
Sign or initial all amendments May 17, 2004

I agree with Narasimhan - any amendments made to the original document should be initialled by both parties. It is a bit pointless leaving it in there though since it doesn't form part of the final agreement between you.

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Contract: "...to indemnify us against all loss..." crossed out, but not deleted?

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