Negotiating Indemnity Clauses - Stewart McKelvey

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NEGOTIATING INDEMNITY CLAUSES Certainty • Contractor Wants: • Well qualified representations and warranties • Expansive exceptions to indemnification • Tight survival periods • "Anti-sandbagging" g provisions • Narrow indemnity provisions, i.e. baskets and caps • Exclusivity as to remedies • Control over third party claims 69 2013 Construction Seminar © 2013 Stewart McKelvey all rights reserved
NEGOTIATING INDEMNITY CLAUSES Sample Indemnity Clause The Owner and Contractor shall each indemnify and hold harmless the other from and against all claims, demands, d losses, costs, damages, actions, suits, or proceedings whether in respect of losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Contract, provided such claims are: 70 2013 Construction Seminar © 2013 Stewart McKelvey all rights reserved
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Negotiating Indemnity Clauses - Stewart McKelvey

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