I’ve Got Your Back! Understanding, Drafting and Enforcing Indemnity Provisions

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Join LawPay's Director of Education, Claude Ducloux, for a 60-minute presentation covering:

  • Understanding the purposes of indemnity clauses and how they differ from hold harmless, guaranty, and surety';

  • Three types of agreements usually requiring indemnity;

  • The three components of an indemnity claim;

  • Examples and forms for numerous options, conditions, or alternatives;

  • Understanding terminology, including caps, baskets, and thresholds;

  • The importance of clear “causation” clauses (“due to” or “arising out of”);

  • Understanding what “damages” will include;

  • How waivers can work in indemnity;

  • The express negligence doctrine; and

  • Fair notice requirements.

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