Transcription of Negotiating Limitation of Liability Provisions in Agency ...
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Negotiating Limitation of Liability Provisions in Agency -Client AgreementsPresenters: Brian HeidelbergerMonique (Nikki) BhargavaToday s Presenters2 Brian HeidelbergerChair, Advertising, Marketing & Brand Enforcement Protection PracticeChicago+1 Monique (Nikki) BhargavaAssociate, Advertising, Marketing & Brand Enforcement Protection PracticeChicago+1 The IssueClient ViewVendor/ Agency is caretaker of services, IP, and dataIf the Vendor/ Agency is at fault, why limit its liabilityAgency is in part being hired to take on the riskVendor/ Agency is an attractive target for hackers because it works with multiple clients Agency ViewSometimes risk is unavoidable Often Vendor/ Agency is a victim tooJust because client is paying, does not mean it should be allowed to outsource 100% the risk$XX.
•Intentional acts, gross negligence, or wilful misconduct •Material failure to maintain the described security protocols •Pass-through indemnification to the extent received •Limited patent responsibility. Client Wants to Limit Indemnification to: •Intentional acts, gross negligence, or wilful misconduct •Client IP •Product liability
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