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Health Law Consulting Blog

Wednesday, July 4, 2018

Indemnity 101 – From the Perspective of Technology Contracts

p>Faulk & Associates, LLC takes a practical approach to indemnity in technology agreements and provides this non-binding general guidance commentary.  The key to indemnity provisions, which can be written broadly or narrowly, is to remember that good drafting upfront is essential to avoiding downstream risk.  There are so many factors that can impact the indemnity under commercial agreements, making it crucial for the parties involved with understanding such provisions to give them due care and consideration. In a nutshell, these are not provisions to be overlooked, undervalued or worse, ignored.

Drafting, negotiating and interpreting indemnity provisions is not to be taken lightly. In general, it is extremely difficult to negotiate an indemnity clause for any agreement. Admittedly, it is even more challenging when negotiating an indemnification provision for information technology (“IT” or “technology”) or technology-enabled agreements.  

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Disclaimer: The information in this blog post (“Post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Faulk & Associates, LLC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this Post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.





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