This is part of a series of articles on transactional contracts issues by Prof. Michael L. Bloom and students in the Transactional Lab at the University of Michigan Law School.
In contract negotiations, indemnification provisions can be contentious parts of an agreement. Quite commonly, an indemnity provision will include obligations to “indemnify and hold harmless” and oftentimes an obligation to “defend.” Some negotiating parties have expressed concern regarding agreeing to a “hold harmless” obligation for fear that it might expand the indemnity obligation. The short answer is “hold harmless” generally has been treated as having the same meaning and effect as “indemnify,” but that “defend” generally has been found to state a separate but related obligation to provide defense services against third-party lawsuits.
1. “Indemnify” and “hold harmless” typically have been treated as synonymous
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
