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But this is where things have gone awry. Many latter-day indemnities are not articulated this way. It is common for indemnities to catch every contingency under the sun: The indemnifier is asked to cover “any and all losses, costs and damages, howsoever arising, incurred or suffered in diligent performance of the contract”. (An [[indemnified party]] showing uncommon largesse might let the [[indemnifier]] off those losses caused by its own [[negligence, fraud or wilful default]], but that’s another whole story.) | But this is where things have gone awry. Many latter-day indemnities are not articulated this way. It is common for indemnities to catch every contingency under the sun: The indemnifier is asked to cover “any and all losses, costs and damages, howsoever arising, incurred or suffered in diligent performance of the contract”. (An [[indemnified party]] showing uncommon largesse might let the [[indemnifier]] off those losses caused by its own [[negligence, fraud or wilful default]], but that’s another whole story.) | ||
In any case, if you’re asked for something as mad as that, refuse, for it implies your counterpart has not grasped the fundamentals of a commercial bargain: shouldering the losses | In any case, if you’re asked for something as mad as that, refuse, for it implies your counterpart has not grasped the fundamentals of a commercial bargain: shouldering the losses and costs naturally arising from the diligent performance of contractual obligations — the ordinary vicissitudes of one’s day-to-day commercial existence, that is to say — well, it’s kind of the point. That is why you’re even at the table. | ||
[[Indemnities]] are not meant for that. | [[Indemnities]] are not meant for that. | ||
====What are fit topics for an indemnity then?==== | ====What are fit topics for an indemnity then?==== |