Public examples versus organizational risk tolerance
Public indemnification clause examples show common language—but not whether an organization would accept, reject, or treat it as a fallback. Relying on them alone conflates typical wording with the organization’s actual risk tolerance and negotiation history.
Supporting evidence
Benchmark Indemnification Clauses vs. Deal History | Harvey
Original excerpt
Public examples show possible language, not your negotiating standard: A public indemnification clause example tells you that a formulation exists, but not whether your team would accept it, reject it, or treat it as a fallback. Relying on examples alone can blur the difference between language that is just common and language that actually reflects your organization’s risk tolerance and negotiation history.