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66 Ann. Inst. on Min. L. 116 (2019)
Indemnity Provisions and Oilfield Anti-Indemnity Acts: A Primer, and Louisiana/Texas Comparison

handle is hein.journals/mineral66 and id is 119 raw text is: Indemnity Provisions and Oilfield Anti-Indemnity Acts: A Primer, and Louisiana/Texas Comparison William W. Pugh Liskow & Lewis Houston, TX I. CONTRACTUAL INDEMNITY A. Definitions Indemnity Clause-A provision in which one party agrees to answer for any specified or unspecified liability or harm that the other party might incur. Also termed hold-harmless clause. Indemnitor-One who indemnifies another. Indemnitee-One who receives indemnity from another. Release-A provision in which one party agrees to give up a right or claim against another against whom it could have been enforced. B. Coverage for Indemnitee's Own Negligence 1. Maritime Law- Clear and Unequivocal Terms Under maritime law, an agreement to indemnify a person (i.e., the indemnitee) against that person's own negligence is enforceable when the intent to do so is expressed in clear and unequivocal terms. Seal Offshore, Inc. v. American Standard, Inc. 101 In Theriot v. Bay Drilling Corp.,102 the Fifth Circuit found that language indemnifying one party without limit and without regard to the cause or causes thereof or the negligence of any party clearly and unequivocally provided the indemnitee with indemnification for its own negligence. By contrast, in Randall v. Chevron U.S.A., Inc.,103 101 736 F.2d 1078, 1081 (5th Cir. 1984). 102 783 F.2d 527, 539-40 (5th Cir. 1986). 103 13 F.3d 888, 905-06 (5th Cir. 1994), cert. dismissed sub nom. Savage v. Chevron, U.S.A., 512 U.S. 1265, 115 S. Ct. 5, cert. denied sub nom. Chevron U.S.A., Inc., v. Sea Savage, Inc., 513 U.S. 994, 115 S. Ct. 498 (1994), overruled on other grounds by Bienvenu v. Texaco, Inc., 164 F.3d 901 (5th Cir. 1999). 116

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