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Negotiating Indemnity Clauses - Stewart McKelvey

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NEGOTIATING INDEMNITY<br />

CLAUSES<br />

<strong>Indemnity</strong> Baskets<br />

• "Deductible" – until a specified monetary threshold is met, no<br />

indemnification and thereafter, indemnifier only liable for the loss<br />

above the $ threshold<br />

• "Tipping Basket" – once the monetary threshold is met, the<br />

Purchaser is indemnified ifi d for the full amount of the loss<br />

72 2013 Construction Seminar<br />

© 2013 <strong>Stewart</strong> <strong>McKelvey</strong> all rights reserved

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