In our last article, we considered issues relating to the scope of an IT product and service seller’s obligation to indemnify—specifically, types of covered losses and claims and special issues relating to indemnity for intellectual property infringement. In this article, we will look at the seller’s obligation to defend against indemnifiable claims, the procedures for carrying out that defense, and the relationship between indemnity and contractual limits on liability.

This article focuses specifically on indemnification by the seller (where seller is the indemnitor and buyer is the indemnitee).

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