| Commentary

51.2.1 Legal proceedings

| Commentary

51.2 Extent of indemnity

51.2.1 Legal proceedings

Under a typical general indemnity the indemnifier will agree to keep the other party, for example:

‘fully indemnified against all actions, claims, costs, expenses and damages brought against or suffered by [party] arising out of any breach of [the above warranties]

The question of how far the indemnity will extend, particularly in respect of legal proceedings brought against the indemnified party, needs careful consideration. The indemnified party will usually seek to include:

‘all legal costs and other expenses arising ...’

Such costs could potentially be considerable, particularly where there may be foreign proceedings as, for example, in the

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