Deal history reflects negotiated reality
An organization’s precedent reveals where negotiations actually ended—including protected positions, concessions made, and outcomes accepted—providing a benchmark grounded in institutional experience, not an abstract definition of 'market'.
Supporting evidence
Benchmark Indemnification Clauses vs. Deal History | Harvey
Original excerpt
Your own deal history reflects negotiated reality: Your precedent shows where negotiations actually ended, including the positions your team protected, the concessions it made, and the outcomes counterparties accepted. When you compare the current clause against genuinely similar transactions, you get a benchmark grounded in your organization’s experience rather than an abstract definition of “market.”