CHAPTER 29Evaluation of aPatent/CopyrightIndemnificationProvision and StandardIndemnificationLanguage
While omission of an indemnification provision is optimal to seller, when seller agrees to assume the risk associated with agreeing to indemnify buyer, seller must carefully read the indemnification provision. Remember, when buyer indemnifies seller, buyer is giving up some of the rights normally provided them under the law. It is also important to recognize that indemnification provisions differ among buyers. Despite what buyer may state during negotiations, there is no such thing as a standard indemnification provision. It is seller’s responsibility to review the terms and conditions of a proposal and/or contract to mitigate their risk.
Seller ...
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