Louis F. Eckert, a partner with Litchfield Cavo, and Russel McBrearty, a senior associate with the firm, write: Case law is abundant in finding contractual provisions exempting a party from its own negligence, where there was no gross negligence and no statutory exception applies. The easy case is where such a provision expressly provides for such indemnity. However, some contractual provisions of this nature are written more broadly, and indemnification exempting a party from its own negligence must be shown through interpretation of the provision to be clear and unambiguous.
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Indemnity Provisions: Take My Negligence...Please
New York Law Journal
July 3, 2012
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