Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts

Negotiating Scope and Exclusions, Overcoming Enforcement Hurdles, Interplay With Insurance Coverage

A live 90-minute CLE webinar with interactive Q&A


Tuesday, October 16, 2018 (Tomorrow)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
Program Materials

This CLE webinar will guide business counsel in drafting and negotiating indemnification and hold harmless provisions in commercial contracts. The panel will discuss critical elements of indemnification agreements, including scope, exclusions, and cost allocation; enforceability challenges; the interplay with insurance coverage; and strategies for avoiding common negotiation pitfalls.

Description

Most commercial contracts—sales agreements, leases, lending agreements, software licenses, construction contracts and M&A agreements—include indemnification and hold harmless provisions. These clauses allow parties to allocate risk and reduce liability exposure. Indemnification clauses must clearly outline indemnified risks, exclusions from indemnity, and procedures for making an indemnification claim.

When negotiating and drafting indemnification and hold harmless clauses, counsel for contracting parties must anticipate and address potential statutory limitations, as well as enforcement and procedural hurdles. Attorneys must also outline how insurance coverage will interplay with indemnification and hold harmless provisions.

Listen as our authoritative panel of attorneys explains best practices for drafting and negotiating indemnification and hold harmless provisions in commercial contracts. The panel will provide strategies for avoiding common negotiation pitfalls, anticipating and overcoming enforcement hurdles, and reconciling indemnification with insurance coverage.

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Outline

  1. Drafting indemnification and hold harmless provisions
    1. Statutory and common law limitations
    2. High priority provisions
    3. Exculpatory clauses
  2. Enforcing indemnification provisions
  3. Interplay with insurance coverage

Benefits

The panel will review these and other crucial issues:

  • What are the parameters of statutory and common law indemnity and how can parties alter these obligations contractually?
  • How can business counsel best mitigate risk when drafting and negotiating indemnification and hold harmless provisions in commercial contracts?
  • How have the courts’ varying interpretations of indemnification provisions impacted parties’ ability to shift liability in commercial contracts?
  • What enforceability challenges do parties commonly face when seeking to make an indemnification claim?

Faculty

Feinberg, Peter
Peter D. Feinberg
Atty
Law Offices of Peter D. Feinberg

Mr. Feinberg has more than 25 years of experience representing individuals and companies in all aspects and many...  |  Read More

Londin, Robert
Robert Londin

Partner
Jaspan Schlesinger

Mr. Londin counsels numerous companies in connection with their mergers and acquisitions, financing needs and execution...  |  Read More

Momkus, Edward
Edward J. Momkus

Member
Momkus McCluskey

Mr. Momkus concentrates his practice in complex business transactions, mergers and acquisitions, corporate law,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

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DVD

10 business days after event

$297 + $9.45 S&H