| Commentary

51.2.2 Conduct of proceedings

| Commentary

51.2.2 Conduct of proceedings

Sometimes the indemnifier may seek to provide that, as a condition of the indemnity against the costs of proceedings by third parties, the indemnifier is to have conduct of the proceedings itself. Therefore, in an agreement for the sale of goods, a seller’s indemnity against third party actions against the buyer in respect of intellectual property rights might be worded:

‘If the buyer shall be subject to any claim from a third party that the goods infringe such third party’s intellectual property rights then the seller shall indemnify the buyer against such claims subject to the

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