When drafting contracts, parties must always consider the risk associated with the transaction. One of the most common ways to limit risk is by including an indemnity provision. However, as a best practice, indemnity alone is not enough to limit a contracting party's risk. In addition, a duty to defend provision should also be included as part of the indemnity provision of every contract. This article will examine the significance of each. ... Continue Reading
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H. Michael Bagley