Negotiating Indemnity Clauses - Stewart McKelvey

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NEGOTIATING INDEMNITY CLAUSES Indemnity Caps • Contractor driven, i.e. the desire for certainty • Owner to look for carve outs from the "cap" • Status of representations and warranties will play into the negotiations 73 2013 Construction Seminar © 2013 Stewart McKelvey all rights reserved
NEGOTIATING INDEMNITY CLAUSES Limitation of Liability –Sample Clause a. Notwithstanding any other provision in this Contract, the Contractor shall not be liable for any Losses under this Contract unless and until the aggregate of all Losses suffered by the Owner exceeds a one-time deductible d of $100,000 000 (the “Deductible”), d in which h case the Contractor shall be liable only for the excess of the aggregate amount of Losses over the Deductible. b. No claim shall be made by the Owner at any time unless the Losses suffered by the Owner exceeds the Deductible and the aggregate of Losses claimed by the Owner hereunder at such time in respect of such claim exceeds the amount of $5,000. The parties acknowledge that the limitations in this subsection (b) are not a deductible and the Owner shall be entitled to seek recovery of the full amount of all Losses. 74 2013 Construction Seminar © 2013 Stewart McKelvey all rights reserved
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Negotiating Indemnity Clauses - Stewart McKelvey

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