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Conclusive evidence clause: Difference between revisions
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Now, these days indemnities are thrown around willy nilly by all kinds of [[mediocre lawyer|moron]] in the capital markets business, to cover all kinds of inappropriately indeterminate things. It will not shock me if I see an indemnity claimed for “any and all losses, costs, damages, liabilities, disbursements, expenses claims of whatever kind we may experience at any time merely as a function of drawing a breath”. | Now, these days indemnities are thrown around willy nilly by all kinds of [[mediocre lawyer|moron]] in the capital markets business, to cover all kinds of inappropriately indeterminate things. It will not shock me if I see an indemnity claimed for “any and all losses, costs, damages, liabilities, disbursements, expenses claims of whatever kind we may experience at any time merely as a function of drawing a breath”. | ||
I mean, go for your life. Good luck enforcing that. And, really, good luck trying to stick in a clause saying | I mean, go for your life. Good luck enforcing that. And, really, good luck trying to stick in a clause saying “In the absence of [[manifest error]], a certificate from the Lender as to any such “Loss” will be conclusive evidence of the amount owing.” and getting anyone to agree it or, if they do, a court to pay it any attention. | ||
{{seealso}} | {{seealso}} | ||
*[[Indemnity]] | *[[Indemnity]] | ||
*[[Manifest error]] | *[[Manifest error]] | ||