Indemnification Without Anesthesia: Dissecting the Clause That Decides the Fate of Your Contract
Business attorney Daniel Fajardo wrote an article for Asuntos Legales about the importances of indemnification clauses in contracts. He explains that this clause calibrates risks and assigns it to whichever party can best control it; for example, in a sale of shares in a company, it makes sense to indemnify the buyer because the seller knows the inner workings of the organization better than anyone else. Because of this, it is critical to pay attention to the language used in these parts of a contract, as different words have specific and distinct legal definitions.
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