Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts
Negotiating Scope and Exclusions, Allocating Costs, Overcoming Enforcement Hurdles, Interplay With Insurance
A live 90-minute CLE video webinar with interactive 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.
Outline
- Drafting indemnification and hold harmless provisions
- Statutory and common law limitations
- High priority provisions
- Exculpatory clauses
- Enforcing indemnification provisions
- Interplay with insurance coverage
Benefits
The panel will review these and other crucial issues:
- What are statutory and common law indemnity parameters, 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?
Faculty

Michael R. Overly
Partner
Foley & Lardner
Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware... | Read More
Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law. He is the co-author of A Guide to IT Contracting: Checklists, Tools and Techniques (CRC Press, 2012).
Closeto be announced.
Early Discount (through 10/06/23)
Cannot Attend October 31?
Early Discount (through 10/06/23)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.