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Advocate’s View: Indemnification agreements — Intra-party vs. third-party claims

Whether you are a transactional attorney inserting an indemnification clause into a contract, or a litigation attorney determining whether to sue on an indemnification provision, it is important to understand how New York courts distinguish between intra-party and third-party indemnification clauses. A typical indemnification clause within a contract states: Party A shall defend, indemnify and hold Party ...

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