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Goettl Agreement

10 The court accepted the Cunninghams, found that the minutes contained no evidence of fraud, and accepted the Cunninghams` request for a summary decision.   Referring to Damron`s line of cases, the court found that because Goettl did not prove fraud or collusion in the amount of the damage and WSI offered his defence of Cunningham`s complaint to Goettl, so that Goettl announced the plea drawn from the compensation clause in the lease agreement requiring Goettl to compensate WSI to the tune of $250,000. The indemnification clause in the WSI-Goettl lease required Goettl to “keep the lessor [WSI] unscathed. against all claims. [and] Expenses (including legal fees) . the result of an accident or other event in or around Premises; whether such a violation is caused in whole or in part by the act, negligence, fault or omission of an obligation, or by negligence of the tenant [Goettl]. as an agent of the WSI pursuant to the WSI-Goettl lease award clause, and then sued Goettl to seek the $250,000 approval judgment (the claim for compensation).   The parties first filed cross-appeals on the issue of liability.   The Tribunal found that Goettl was a party to the WSI-Goettl 2 lease and was required to compensate WSI in accordance with the terms of the lease.   The court also found that even if WSI had not participated in the lease agreement with Goettl, WSI had, as a passive terziter, a common right to the remedy of Goettl, the active funnel.   Finally, the Tribunal found that Goettl was required to pay the Cunninghams an amount to be determined at a later date, since WSI had ceded its rights under the WSI-Goettl lease agreement to the Cunninghams.  15 Goettl first argues that its agreement with WSI is a general compensation agreement that cannot impose a WSI compensation obligation if WSI has been actively negligent.   If the language is not explicitly the subject of a compensation agreement on the impact of the father`s negligence on the obligation to compensate, the agreement is generally considered a general compensation agreement.

  See Washington Elem. I did it. v. Baglino Corp., 169 Ariz. 58, 61, 817 pp. 2d 3, 6 (1991).   Under such an agreement, the general rule is that compensation for a loss resulting in part from passive negligence of compensation, but not from a loss resulting from the active negligence of compensation, is justified.   See id. 1 Goettl Air Conditioning (Goettl) and Washington Street Investments (WSI) entered into a lease agreement that contained a provision requiring Goettl, the tenant, to compensate and compensate WSI, the owner, for certain claims and expenses.   We agreed to the audit to determine whether and, if so, to what extent Goettl is bound by a particular judgment, the WSI was received to settle an unlawful act in which the applicant claimed that he had suffered injuries in the leased premises, called WSI as a defendant.