Contracts Law

“When Two Consenting Parties Cannot Consent: Indemnification for Future Wrongful Conduct”

by William G. Benz | Partner

Indemnification provisions are so common that one would be hard-pressed to find a contract that lacks one.  While an indemnification provision may be hidden in an agreement as boilerplate fine print, it is often of critical importance long after the contract is signed.  But, indemnification can only be pushed so far.  Once it becomes so onerous that it encourages bad faith, California public policy will void the indemnification provision…

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