Key indemnification terms that support benchmarking
Useful indemnification clause benchmarks include scope, triggering events, covered losses, first- and third-party claims, defense rights, caps, baskets or deductibles, survival periods, liability carveouts, and exclusive-remedy provisions. Numeric terms—like caps, thresholds, and survival periods—are especially well suited for side-by-side comparison using structured review tables.
Supporting evidence
Benchmark Indemnification Clauses vs. Deal History | Harvey
Original excerpt
Useful benchmarks include the scope of the indemnity, triggering events, covered losses, first- and third-party claims, defense rights, caps, baskets or deductibles, survival periods, liability carveouts, and exclusive-remedy provisions. Numeric terms such as caps, thresholds, and survival periods are particularly well suited to side-by-side comparison because Harvey Review Tables can pull discrete data points across a set of agreements.