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  • Category: Liability and indemnities

As an in-house departmental lawyer, I often come across indemnities when reviewing technology contracts. What’s the law relating to indemnities and can my department grant one?

Answer Introduction In-house corporate/commercial lawyers working for departments are often asked to review a wide array of technology contracts, such as software licensing agreements, subscription agreements, and online terms of

As an in-house departmental lawyer, I often come across indemnities when reviewing technology contracts. What’s the law relating to indemnities and can my department grant one?

Is it OK to include an indemnity in our contract that makes a supplier liable to indemnify our agency for all losses it may suffer directly or indirectly as a result of any breach of the contract and regardless of whether the losses were foreseeable?

Answer Not really, no, because a broad indemnity like this increases liability risks for the supplier substantially, particularly if there is no exclusion for indirect loss and no cap on

Is it OK to include an indemnity in our contract that makes a supplier liable to indemnify our agency for all losses it may suffer directly or indirectly as a result of any breach of the contract and regardless of whether the losses were foreseeable?
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