David W. Tollen Presentation

The Indeminar: Indemnities in Technology Contracts

Avoid common mistakes related to indemnities, including the contentious, error-prone data indemnity. 

The indemnity is the most negotiated and yet least understood clause in software and cloud computing contracts. Few professionals really understand it, including lawyers at the most sophisticated firms and companies. But doing indemnities wrong can lead to big losses.

This webinar aims to bridge the knowledge gap, debunk myths, and give you the tools to negotiate better terms. Issues and topics include:

• Reducing indemnity negotiation tension by focusing on the clause’s actual, oft-misunderstood meaning;
• The Cause Problem”: little-known, thorny issues in indemnities involving losses the indemnitor caused (e.g., data indemnities);
• Typical and troubling exceptions to IP indemnities;
• Mistakes related to widely used vocabulary and “mutual indemnities”;
• And much more.