Negotiating Indemnity Clauses - Stewart McKelvey

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NEGOTIATING INDEMNITY CLAUSES The Balancing Act • Owner wants: • Full benefit of what they bargained for • Bulletproof protection • Contractor wants: • Maximized returns • Certainty 67 2013 Construction Seminar © 2013 Stewart McKelvey all rights reserved
NEGOTIATING INDEMNITY CLAUSES Bulletproof Protection • Owner Wants: • Unqualified representations and warranties • Limited exceptions to indemnification • Lengthy survival periods • No "anti-sandbagging" g provisions • Expanded remedies beyond indemnification • Unfettered discretion to deal with third party claims 68 2013 Construction Seminar © 2013 Stewart McKelvey all rights reserved
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Negotiating Indemnity Clauses - Stewart McKelvey

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