Compare structured variables—not just wording
Effective indemnification clause comparison requires analyzing consistent variables across a relevant set of agreements—such as scope, triggers, covered losses, caps, baskets, survival periods, and carveouts—not superficial wording similarity.
Supporting evidence
Benchmark Indemnification Clauses vs. Deal History | Harvey
Original excerpt
Compare the same variables across a relevant set of agreements , such as scope, triggers, covered losses, caps, baskets, survival periods, and carveouts, rather than comparing wording alone. Harvey can use Vault and Review Tables to organize those terms across precedent agreements in a structured format, making patterns, ranges, and outliers easier to identify.