Monthly Archives: December 2014

Monthly Archives: December 2014

“Indemnify”, “Save and Hold Harmless”, and “Defend”

Posted on by Sam Posted in Law | Comments Off on “Indemnify”, “Save and Hold Harmless”, and “Defend”

One commonly finds the following language in the indemnity provisions of a contract: Acme shall indemnify, defend, and hold harmless Widgetco from… But what do each of these terms mean? A very well respected authority on contract drafting Ken Adams has written numerous times on this topic and argues that all three terms mean the same thing and, in fact, one would replace the three terms with simply: Acme agrees to indemnify Widgetco against both losses and liabiliites. But no matter how I read the reformulated …