Commercial Contracts

Indemnity

A promise by one party to cover specified losses or claims suffered by the other.

An indemnity shifts a defined risk between the parties. Well-drafted ones state exactly which claims are covered, whether legal fees are included, whether liability is capped, and who controls the defence of a third-party claim.

Why it matters: an uncapped indemnity can create exposure far larger than the value of the contract itself. It is one of the highest-impact clauses in most commercial agreements.

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Editorial status: Lawkin Editorial — pending independent legal review.

Indemnity — Canadian legal glossary | Lawkin — Lawkin