You are Currently Visiting The NCBA CLE Online Catalog & Learning Portal

Monday, July 29, 2019, 1:00-2:00pm

Indemnity agreements are central to the risk allocation and limitation of liability system built into most transactional arrangements.

The indemnitor agrees to indemnify the indemnitee for breaches of certain reps, warranties and covenants or on the occurrence of defined events. The scope of liability in these agreements is very carefully defined, often including actual costs but excluding consequential damages or any damages arising from third-party claims. All of the pieces of the indemnity – scope, measure of damages, exclusions and disclaimers of implied or equitable indemnity – must be very carefully considered, negotiated and drafted, or the value of the underlying transaction and the indemnity itself will be lost.

This program provides a practical guide to drafting the key provisions of indemnity agreements in transactional agreements.

  • Scope of indemnity – indemnity v. hold harmless, damages v. liabilities, direct v. third-party claims
  • Types of losses subject to indemnity – breaches of reps and warranties, covenants, losses, specific circumstances
  • Determining recoverable damages and costs, including attorneys’ fees
  • Implied or equitable indemnity – and use of disclaimers to limit liability
  • Difference between the duty to defend v. indemnification
  • Exclusions, limitations, carve-outs from indemnity

Click on the "In Depth" tab for tuition and speaker information.

Product Information
Date Presented:
July 29, 2019 1:00 PM Eastern
1 hour
Registration Fee:
Drafting Indemnity Agreements in Business and Commercial Transactions | Live Replay from March 22, 2019 | Phone/Audio Streaming

All Attendees: $80

Early discount and CLE Premier Pass rates are not available for this program. 

Speaker Information
Joel R Buckberg   [ view bio ]
William J Kelly III   [ view bio ]
Individual topic purchase: Selected
NC State Bar
Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) (Total): 1.00
Book Sale