Commentary

51.4 Indemnity and ‘holding harmless’

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)

51.4 Indemnity and ‘holding harmless’

51.4 Indemnity and ‘holding harmless’

Sometimes indemnity clauses refer to the indemnifying party ‘holding the other party harmless’ against claims and liability. This language is more common in US contracts. It is understood that such words mean that the indemnifying party will not sue the other contracting party for recovery of the indemnifying party’s losses. It may be preferable to state any such obligation specifically rather than to rely on ‘formula’ phrases of this kind.

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