Upstream parties like universities should be able to expect indemnity from those performing operations on their premises. However, agreements to secure this kind of protection must be drafted and implemented within the guideposts of public policy to avoid losing bargained for protections. This session will include a presentation of examples of several states’ anti-indemnity provisions and a case study of a dispute under California’s applicable regime.
Objectives: + Gain knowledge of the form and effect of indemnity agreements. + Be exposed to the range of potential anti-indemnity provisions in different states. + Learn from examples how indemnity provisions can be implemented or fail depending on the context, status of the parties, and implementation. + Develop competencies for working with in-house or outside counsel in addressing contract provisions or situations where indemnity agreements are implicated.
