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Defense and Indemnification Provisions: Lessons Learned ...

Defense and Indemnification Provisions: Lessons Learned from LitigationACC NATIONAL CAPITAL REGION CORPORATE LAW FORUM PRESENTATION: Panelists2C. Bryan WilsonPartnerWilliams & Connolly Mason SahariaPartnerWilliams & Connolly S. CampbellDeputy General Counsel Head of LitigationCoStar General Principles Specific Topics Negligence Exculpatory/Limitation of Liability Provisions Duty To Defend Attorneys Fees Exceptions and Special Cases Lessons for Drafting Indemnification and Defense Provisions Lessons for LitigationTable of Contents3 In general terms, indemnity is an obligation by one party to make another party whole for a loss, damage, or liabilitythe other party has incurred. The party obligated to pay is the indemnitor. The party entitled to Indemnification is the indemnitee. The obligation to indemnify another may arise by contract or by common law.

• Example #3: “The Maryland Mass Transit Administration agreed to indemnify and hold harmless a railroad company “from any and all casualty losses, claims, suits, damages or liability of every kind arising out of the Contract Service under this Agreement.” MTA v. CSX Transp., Inc., 708 A.2d 298, 300 (Md. 1998).

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  Agreement, Hold, Indemnification, Harmless, And hold harmless

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