Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts
Negotiating Scope and Exclusions, Allocating Costs, Overcoming Enforcement Hurdles, Interplay With Insurance
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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. The panel will review enforceability challenges, the interplay with insurance coverage, and strategies for avoiding common negotiation pitfalls.
- Drafting indemnification and hold harmless provisions
- Statutory and common law limitations
- High priority provisions
- Exculpatory clauses
- Enforcing indemnification provisions
- Interplay with insurance coverage
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 various contracts?
- How have the courts' varying interpretations of indemnification provisions impacted parties' ability to shift liability in contracts?
- What enforceability challenges do parties commonly face when seeking to make an indemnification claim?
Ms. Bibet-Kalinyak is a member of McDonald Hopkins and a corporate attorney in our national Healthcare Practice Group.... | Read More
Ms. Bibet-Kalinyak is a member of McDonald Hopkins and a corporate attorney in our national Healthcare Practice Group. She also leads the firm’s Immigration Practice Group. In addition, as the only French attorney in the Midwest region, Ms. Bibet-Kalinyak advises U.S. clients with overseas operations/deals in French-speaking countries and French-speaking companies that desire to expand operations/scope in the U.S.Close
Kenneth A. Sprang
Washington International Business Counsel
Mr. Sprang counsels and represents domestic and international clients in a wide range of corporate, business and... | Read More
Mr. Sprang counsels and represents domestic and international clients in a wide range of corporate, business and transactional matters. Over the course of his 30 plus year career, he has practiced with both large and small firms, as well as serving as in house counsel for Fortune 500 companies and as general counsel to smaller companies. Mr. Sprang counsels clients in corporate governance and negotiation, drafting, and review of contracts, real estate documents, and other instruments.Close