HOLD HARMLESS CLAUSE

The valuer should include a hold harmless or indemnifying provision which would become a contractual agreement between the landlord, tenant and valuer.

Examples of forms of indemnities are set out below although legal advice should be sought as to an appropriate clause.

INDEMNITY FROM LESSOR

In consideration the [valuer] accepting the appointment and agreeing to undertake the Rental Determination, [Lessor] agrees to indemnity and keep indemnified [valuer] and [valuation Practice] from and against all liability, costs, expenses or damages (including without limitation the time of [valuer] and/or [valuation Practice's personnel] paid or incurred by [valuer] and/or [valuation Practice] in connection with any claim brought by or on behalf of Lessor in respect of the Rental Determination and/or services provided in connection therewith.

This indemnity shall not apply in the case of fraud or willful misconduct on the part of [valuer] and/or [valuation Practice] but shall otherwise apply to all conduct of [valuer] and [valuation Practice] whether or not such conduct constitutes a breach of contract, negligence and/or breach of any other standard prescribed by Statute.

INDEMNITY FROM LESSEE

In consideration of [valuer] accepting the appointment and agreeing to undertake the Rental Determination, [Lessee] shall indemnify and keep indemnified [valuer] and [valuation Practice] from and against all liability, costs, expenses or damages (including without limitation the time of [valuer] and/or [valuation Practice]'s personnel} paid or incurred by [valuer] and/or [valuation Practice] in connection with any claim brought by or on behalf of [Lessee] in respect of the Rental Determination and/or services provided in connection therewith.

This indemnity shall not apply in the case of fraud of willful misconduct on the part of [valuer] and/or [valuation Practice] but shall otherwise apply to all conduct of [valuer] and [valuation Practice] whether or not such conduct constitutes a breach of contract, negligence and/or breach of any other standard prescribed by Statute.