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52-632: The Columbus, Springfield and Cincinnati Railroad opened the line between Columbus and London in 1872, and it became part of the Cleveland, Cincinnati, Chicago and St. Louis Railway 's (Big Four's) main line west from Columbus to St. Louis and later part of the New York Central Railroad . The Ohio State Limited ran daily along the line with stops in Lilly Chapel , Georgesville , Galloway , and Columbus. The Ohio State Limited ceased service on

104-550: A company for its own negligence. In 1979, the Minnesota Supreme Court ruled that a subcontractor must indemnify the builder for damages that it caused, according to an indemnification clause in their purchase order. In 1966, the Supreme Court of California ruled that The Hertz Corporation could not enforce its clause requiring renters to indemnify Hertz's insurer. Indemnities can be expensive enough to bankrupt

156-466: A company which pays them: "If manufacturers ... are to survive, they will need liability insurance, as well as favorable contracts with retailers. If you look at a big retailers, such as Trader Joe's or Costco or Walmart or Randalls, very often there will be an indemnity provision providing that, if you want to sell a product in our stores, and if it gets someone sick or if it has to be recalled, and it's your fault, you must pay us back for that." When

208-403: A contaminated farm was sold. The contract made the buyers renovate the real estate and, the contamination incurred medical expenses for their manager, who had fallen ill. Once the contract was rescinded, the buyer could be indemnified for the cost of renovation as this was necessary to the contract , but not the medical expenses as the contract did not require them to hire a manager. Were

260-432: A contract is "negotiable," the indemnitor negotiates to control those legal costs. It will not let the indemnified party (indemnitee) overspend: "An arrangement in which the indemnitee makes decisions about how to defend and settle the claim while the indemnitor writes the checks presents a moral hazard . Knowing that its defense and settlement costs are being borne by the indemnitor, the indemnitee may be encouraged to engage

312-643: A customer who slipped on the icy parking lot, though of no fault of the flower shop, because the tenant was there to visit that shop, and the shop's lease had a broad indemnity clause. In 1999, the United States District Court for the District of Wyoming did not require a customer to indemnify a whitewater rafting company for injury to his wife since the wording may have applied only to him and his children, and clauses cannot be enforced in Wyoming to indemnify

364-517: A day at less than 10 miles per hour (16 km/h). The company's tracks end in Lilly Chapel . CCRA owns three EMD GP9 engines, numbers 4618, 7042, and 7076. The railroad previously owned a GP9 engine numbered 7225 along with several EMD SW1500 . The current engines are painted orange and black, with white "Camp Chase" lettering. The railway also owned an older orange and white engine, number 752 with orange "Camp Chase Railway" lettering. The 15-mile (24 km) Camp Chase bike trail follows alongside

416-456: A guarantee is limited to an obligation to pay a debt). This distinction between indemnity and guarantee was discussed as early as the eighteenth century in Birkmyr v Darnell . In that case, concerned with a guarantee of payment for goods rather than payment of rent, the presiding judge explained that a guarantee effectively says "Let him have the goods; if he does not pay you, I will." An indemnity

468-468: A loss whenever their slaves were granted their freedom. When the slaves of Zanzibar were freed in 1897, it was by compensation since the prevailing opinion was that the slave owners suffered the loss of an asset whenever a slave was freed. In the 1860s in the United States , U.S. President Abraham Lincoln had requested many millions of dollars from Congress with which to compensate slave owners for

520-431: A median income of $ 33,092 versus $ 26,048 for females. The per capita income for the city was $ 18,404. About 9.5% of families and 11.7% of the population were below the poverty line , including 16.3% of those under age 18 and 11.7% of those age 65 or over. London and Madison County were served by a daily newspaper, The Madison Press , until it folded in early 2019. The county's weekly newspaper, The Madison Messenger ,

572-474: A more expensive legal team or pursue a riskier defense strategy than it would otherwise. For this reason, most indemnitors are unwilling to indemnify against claims when they do not control the defense of the claim." The American Bar Association has published advice on negotiations of construction contracts: that (1) owners try to get contractors to indemnify as much as possible and for (2) contractors (a) indemnify only for their own negligence and (b) "establish

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624-420: A purchaser of a product to indemnify a manufacturer is 'void and unenforceable' in certain circumstances. Utah Code § 78B-6-707." In 2012–2014, a New Jersey woman had to pay a lawyer to get out of an indemnity payment for injury at a storage unit. When someone slipped on ice in 2012 while going to a unit, Public Storage sued in court to make the woman who rented the unit pay for the injury. She tried to ignore

676-535: A right but not a duty for the contractor to defend under an indemnification claim." An example of letting the indemnitor control costs is in the case of a contractor for a homeowners' association (HOA) in which "Contractor shall indemnify, defend (by counsel reasonably acceptable to Association) and hold harmless the Association." Companies and HOAs also use indemnity to protect directors since few would serve as directors if their risks were not indemnified. Negotiation

728-405: A wholly owned subsidiary of Indiana Boxcar Corporation. Camp Chase Railway ("CAMY") assumed operations of the 14-mile (23 km) rail line, which runs from Columbus to Lilly Chapel, Ohio, beginning on Thursday October 1, 2015. Most of CAMY freight revenue comes from grain being transported along the rails going either to some of the grain elevators along the track, or to be interchanged with NS at

780-509: Is a city in and the county seat of Madison County, Ohio , United States . Located about 25 miles (40 km) southwest of the Ohio capital of Columbus , London was established in 1811 to serve as the county seat. The population was 10,279 at the 2020 census . It is part of the Columbus metropolitan area . Soon after the village was platted in the early 1810s, a Methodist church was founded in

832-654: Is also headquartered in London. There is also an online-only newspaper alternative, Madison County Spotlight , which was created to replace The Madison Press after it folded. There is a local Christian radio station, ReadyFM ( WCYC-LP , 105.1 FM), operating out of the town's old armory, just across from St. Patrick Church. London is primarily served by the London City School District . Graduating class sizes are usually between 100 and 150 students. The district partners with other local educational programs, including

884-625: Is distinct from a warranty in that: Many private contracts and terms of service in the United States require one party (indemnitor, typically a customer) to pay (indemnify) the other side's costs for legal claims arising from the relationship. They are particularly common in online services. The US government publishes special Terms of Service, which it has negotiated with many companies, to exclude indemnification for official US government work. US law "is violated by any indemnification agreement that, without statutory authorization, imposes on

936-473: Is important for both parties. "Just about all homeowner association management contracts have a provision which states that the HOA shall indemnify the manager under certain circumstances ... There are several ways the indemnification clause can be drafted and both management and HOA must take into account what protects each the best." If indemnitors can negotiate a limit on liability in their contract, that limits

988-540: The 2010 census London had 9,904 residents, comprising 3,991 households and 2,511 families. The population density was 1,172.1 inhabitants per square mile (452.6/km ). There were 4,410 housing units at an average density of 521.9 per square mile (201.5/km ). The racial makeup of the city was 89.2% White, 6.0% African American, 0.3% Native American, 1.0% Asian, 0.6% from other races, and 2.9% from two or more races. Hispanic or Latino residents of any race were 1.7%. There were 3,991 households, 32.8% of which had children under

1040-450: The contract is to be voided ab initio the obligations performed must also be compensated . Therefore, the costs of indemnity arise from the (transient and performed) obligations of the claimant rather than a breach of obligation by the defendant. An indemnity is distinct from a guarantee , which is the promise of a third party to honor the obligation of a party to a contract should that party be unable or unwilling to do so (usually

1092-578: The Buckeye Yard. The Camp Chase Railroad was featured on the WOSU show Columbus Neighborhoods on November 16, 2017. The line was owned by Indiana Boxcar Corporation from 2015 to 2019, and in September 2020 was one of four shortlines bought by Midwest & Bluegrass Rail LLC of Kansas City. In 2023, Gulf & Atlantic Railways purchased the railroad along with two other shortlines. Through trackage rights ,

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1144-529: The CCRA interchanges with Norfolk Southern Railway and CSX at Buckeye Yard. The railroad also generates income by storing cars along unused portions of their tracks. The railroad serves a number of customers including a transloading facility, major agri-businesses, an ethanol plant and, until it closed, the printing plant for The Columbus Dispatch . In 2013, the Camp Chase Railway ran approximately one train

1196-563: The Tolles Technical Center. There is also a private school run by St. Patrick Church serving preschool through 8th grade. Nearby four-year universities include Ohio State University , Wright State University , Wittenberg University , and The University of Dayton . Nearby community colleges include Sinclair , Clark State , and Columbus State Community College . London is served by the London Public Library. In 2005,

1248-536: The United States an open-ended, potentially unrestricted liability." The Attorney General says federal agencies "should renegotiate the terms of service to revise or eliminate the indemnification clause or cancel the [government]'s enrollments in social media applications when their operators insist on such a clause." Under US law, interpretation of indemnification clauses varies by state. For example, in California indemnification clauses do not cover certain risks unless

1300-481: The United States comprising a total of 25,723 miles along with 867 rail-trail projects planned for an additional total of 9,147 miles. A number of design elements separate the twelve-foot-wide trail from the rail line, including fencing, grade separation and ditching. As part of the agreement that resulted in the creation of the Camp Chase bike trail, the trail owners indemnified the railroad company. A bridge built for

1352-438: The age of 18. 41.2% of households were married couples living together; 16.2% had a female householder with no husband present; 5.4% had a male householder with no wife present; and 37.1% were non-families. 30.8% of households were made up of individuals, and 13.5% were one person aged 65 or older. The average household size was 2.43, and the average family size was 3.00. The median age was 37.1 years. 25.6% of residents were under

1404-502: The age of 18; 8.5% were between the ages of 18 and 24; 26.7% were from 25 to 44; 24.6% were from 45 to 64; and 14.6% were 65 or older. The gender makeup of the city was 46.9% male and 53.1% female. At the 2000 census there were 8,771 people in 3,590 households, including 2,301 families, in the city. The population density was 1,031.0 people per square mile (398.1 people/km ). There were 3,848 housing units at an average density of 452.3 per square mile (174.6/km ). The racial makeup of

1456-474: The appointment of officers, the board will often approve indemnification agreements with the officer. Such agreements provide for indemnification of officers for personal liability for actions taken on behalf of the corporation. The board will also approve separate resolutions that approve indemnification for decisions made by directors. Indemnity agreements are included in the post-incorporation processes of companies. Slave owners were considered to have suffered

1508-422: The assumption of primary liability; to pay irrespective of another's default) which are enforceable even if made orally. Under current English law, indemnities must be clearly and precisely worded in the contract in order to be enforceable. The Unfair Contract Terms Act 1977 stated that a consumer cannot be made to unreasonably indemnify another for their breach of contract or negligence , though this section

1560-406: The basis of many insurance contracts; for example, a car owner may purchase different kinds of insurance as an indemnity for various kinds of loss arising from operation of the car, such as damage to the car itself, or medical expenses following an accident. In an agency context, a principal may be obligated to indemnify their agent for liabilities incurred while carrying out responsibilities under

1612-476: The bike trail provides a way for pedestrians to cross Interstate 270 instead of trespassing on the railroad bridge, as frequently happened before the trail was built. The trail manager is required to provide the railroad with advance notification of work on the trail and trail maintenance staff "attend railroad safety classes to adequately prepare them for the responsibilities and limitations of working within an active rail corridor." London, OH London

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1664-523: The case and so state court ruled that she had to pay. She then retained a lawyer and went to court. In 2014, the US District Court decided that the specific indemnity clause was unenforceable in New Jersey because it covered Public Storage's own negligence without explicitly saying so, contrary to New Jersey law (other states differ). A 2013 decision in New Jersey upheld a broad indemnity clause since it

1716-531: The city was 89.96% White, 6.78% African American, 0.30% Native American, 0.42% Asian, 0.02% Pacific Islander, 0.42% from other races, and 2.10% from two or more races. Hispanic or Latino of any race were 0.71%. Of the 3,590 households 32.0% had children under the age of 18 living with them, 46.4% were married couples living together, 13.6% had a female householder with no husband present, and 35.9% were non-families. 30.8% of households were one person and 13.8% were one person aged 65 or older. The average household size

1768-479: The community. Today known as First United Methodist Church , this congregation built a small log church building in 1820; it was London's first church. In the early 1900s, the church added facilities for the storage of human milk to sustain the orphanage it then operated. According to the United States Census Bureau , the city has a total area of 8.45 square miles (21.89 km ), all land. At

1820-401: The cost of a potential indemnity if they "make clear in the agreement that any limitations of liability (whether in the form of caps or exclusions of certain types of damages – e.g., consequential) apply to the ... indemnification." When a contract is not negotiable ( adhesion contract ), the wording often lets the indemnitee decide what to spend on legal costs and bill

1872-497: The easement in 2009. The trail was completed in 2015. The bike trail is one of the few in the United States that is a rails with trails , meaning the trail runs within an active railroad right-of-way. The Camp Chase Trail has more than 12 miles of the bike trail existing within the railroad right-of-way. As of 2018, there were 343 identified rails with trails in the United States, comprising 917 miles of trails in 47 states. By comparison, there are currently 2,404 open rail-trails across

1924-402: The indemnitor. Most clauses are quite broad. The following are examples of indemnity requirements from a range of businesses. The last one, Angie's List, limits issues to the user's fault, but decisions and costs are still controlled by the indemnitee (Angie's List). Indemnity insurance compensates the beneficiaries of the policies for their actual economic losses, up to the limiting amount of

1976-411: The insurance policy. It generally requires the insured to prove the amount of its loss before it can recover. Recovery is limited to the amount of the provable loss even if the face amount of the policy is higher. This is in contrast to, for example, life insurance, where the amount of the beneficiary's economic loss is irrelevant. The death of the person whose life is insured for reasons not excluded from

2028-436: The library loaned more than 194,000 items to its 14,000 cardholders. As of 2005, total holdings were over 48,000 volumes with over 145 periodical subscriptions. The London water tower, fire department, and London High School were featured in a Nike commercial promoting the 2012 Summer Olympics . Indemnity In contract law , an indemnity is a contractual obligation of one party (the indemnitor ) to compensate

2080-430: The line from Conrail. In 1996, it was reported that the railroad had one engine and traffic of 3,000 cars a year, carrying newsprint, grain, flour and lumber. The Camp Chase Industrial Railroad has been marketed under the name Camp Chase Railroad beginning around 2009. On September 30, 2015, Carload Express, Inc. announced that its Camp Chase Railroad Company has sold its line of railroad to Camp Chase Railway Company, LLC;

2132-519: The line in the 1960s. The Penn Central Transportation Company shifted traffic to the ex- Pennsylvania Railroad line between Columbus and London, and the portion of the old Big Four line west of Lilly Chapel was not included in Conrail in 1976. The remainder was kept as a minor branch line, the Camp Chase Industrial Track. On October 11, 1994, the new Camp Chase Industrial Railroad bought

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2184-438: The loss incurred by another party (the indemnitee ) due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a " guarantee " is an obligation of one party (the guarantor ) to another party to perform the promise of a relevant other party if that other party defaults . Indemnities form

2236-591: The loss of their slaves. On 9 July 1868, Section IV of the Fourteenth Amendment dismissed all of the claims that slave owners had been injured by the freeing of the slaves. In 1807–1808, in Prussia , statesman Baron Heinrich vom Stein introduced a series of reforms , the principal of which was the abolition of serfdom with indemnification to territorial lords. Haiti was required to pay an indemnity of 150,000,000 francs to France in order to atone for

2288-467: The loss suffered by the French slave owners. In Peru , Antonio Salinas y Castañeda (1810–1874), a wealthy Peruvian landowner and conservative politician, led the meeting of the main landowners of the country for an indemnity after slavery abolition and ruled the commission who promoted the immigration of Asians to replace former slaves as a workforce during Ramón Castilla government. The nation that wins

2340-436: The policy obligate the insurer to pay the entire policy amount to the beneficiary. Most business interruption insurance policies contain an Extended Period of Indemnity Endorsement, which extends coverage beyond the time that it takes to physically restore the property. This provision covers additional expenses that allow the business to return to prosperity and help the business restore revenues to pre-loss levels. As part of

2392-632: The railroad except for a short stint along Big Darby Creek and a one-mile diversion along Georgesville Road in Columbus. The trail connects to the larger Ohio to Erie Trail . To create the Camp Chase trail, Columbus and Franklin County Metropolitan Park District worked with the Camp Chase Rail Company to manage the regulations and construction requirements needed to acquire an easement alongside active railroad tracks, finalizing

2444-529: The relationship. While the events giving rise to an indemnity may be specified by contract, the actions that must be taken to compensate the injured party are largely unpredictable, and the maximum compensation is often expressly limited. Under section 4 of the Statute of Frauds (1677), a "guarantee" (an undertaking of secondary liability; to answer for another's default) must be evidenced in writing. No such formal requirement exists in respect of indemnities (involving

2496-583: The risks are listed in the contract, but in New York, the brief clause, "X shall defend and indemnify Y for all claims arising from the Product" makes X responsible for all claims against Y. Indemnity can be extremely costly since X's liability insurance typically does not cover claims against Y, but X still has to cover them. In 2017, the Utah Supreme Court stated, "By statute, a contractual provision requiring

2548-432: The sellers at fault , damages would clearly be available. The distinction between indemnity and damages is subtle and may be differentiated by considering the roots of the law of obligations : how can money be paid if the defendant is not at fault? The contract before rescission is voidable but not void, so, for a period of time, there is a legal contract . During that time, both parties have legal obligation. If

2600-416: Was 2.40 and the average family size was 3.00. The age distribution was 26.6% under the age of 18, 8.2% from 18 to 24, 28.8% from 25 to 44, 20.3% from 45 to 64, and 16.0% 65 or older. The median age was 36 years. For every 100 females, there were 87.1 males. For every 100 females age 18 and over, there were 83.2 males. The median household income was $ 35,641 and the median family income was $ 42,400. Males had

2652-520: Was followed by another sentence: "indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Jersey." The judge said, "It is true that a consumer, unfamiliar with the laws of New Jersey, would not be able to state with certainty how far the waiver extends." In 2010, the Colorado Supreme Court required a flower shop to indemnify its shopping center for

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2704-474: Was repealed by the Consumer Rights Act 2015 schedule 4 paragraph 6. In England and Wales an "indemnity" monetary award may form part of rescission during an action of restitutio in integrum . The property and funds are exchanged, but indemnity may be granted for costs necessarily incurred to the innocent party pursuant to the contract . The leading case is Whittington v Seale-Hayne , in which

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