There is often an argument to be made that certain indemnification and exculpatory clauses should be against public policy. When entering into a residential lease, for instance, many future tenants ...
Plan sponsors should ask for indemnification clauses when they enter into contracts with service providers and retirement plan advisers, experts say. Indemnification clauses are promises by the ...
Last week, Peter Mahler blogged about a recent decision holding that a minority shareholder’s claim against its majority co-owners for breach of fiduciary duty in connection with a sale of the ...
Indemnification is used for risk allocation Indemnification may include defense obligation Indemnified party is entitled to reimbursement for covered losses Indemnification can be complex and heavily ...
Indemnity clauses are included in contracts to provide a means by which the contracting parties can shift the responsibility of risk. “Indemnity clauses can expand, limit or even eliminate the ...
Many industry form documents and custom construction contracts contain provisions shifting or limiting the respective parties’ risks. One of the more potentially significant risk-limiting provisions ...
This is the second appearance of this case before the Court, in which Dougherty County seeks contractual indemnification from the City of Albany concerning a traffic accident allegedly caused by a ...
Audit firms should carefully weigh the pros and cons of indemnity clauses in light of the Securities and Exchange Commission’s (SEC) recent complaint against Prager Metis. Last month, the SEC charged ...
Indemnification is more than a six syllable word that puts you to sleep before you’ve finished saying it. Often overlooked, indemnification creates important, business-ending responsibilities that ...
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