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Hold who harmless? Be careful in drafting indemnity provisions

December 21, 2015

As deal lawyers know, it’s usually far better to clarify what you want during the negotiation of an agreement — while the parties are relatively amicable — rather than to argue about it when they’re not. Add indemnity to the list of “boilerplate” provisions that should be carefully drafted. READ MORE

I will survive: Help your reps and warranties endure with a smart survival clause

August 31, 2015

The desire to protect oneself is human nature. Nowhere is that more obvious than when drafting complex commercial real estate deals, where parties often have conflicting goals regarding liability. READ MORE