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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.

• Indemnification typically involves reimbursement for a third-party claim against the indemnitee. –Indemnification may, however, cover other kinds of losses. •First-party claims •Regulatory fines, etc. General Principles of Indemnification and the Duty to Defend 4

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