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Can an assignor be relieved of honoring a guarantee made to an assignee in the event of a default?

CONSUMER PROTECTION LEGISLATION DOES NOT NECESSARILY RELIEVE AN ASSIGNOR FROM THE OBLIGATION TO HONOUR A GUARANTEE TO PAY AN ASSIGNEE C.L. Hagan Transportation Ltd. v. Canadian Acceptance Corp. [19...

Blog Bite: Does indemnification constitute a waiver of a party’s right to place limitations on their liability?

This article posted on our partner site Mondaq.com looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability. However, the cou...

Blog Bite: Should notice of whistleblower immunity clauses be included in your written agreements with your employees and independent contracts?

This article posted on our partner site Mondaq.com discusses the significance of two immunity provisions that apply to whistleblowers contained in new federal law (the Defend Trade Secrets Act). The...

The ABCs of MSAs

Introduction There are three things you need to consider carefully in every Software Development Master Services Agreement (MSA): (A) Indemnity; (B) Liability; and (C) Ownership of Intelle...

Distribution Agreements and App Stores

Distributing an app in the Google or Apple app stores? It would be wise to carefully review the distribution agreements that come along with these two stores. Google and Apple both include their defau...

Blog Bite: How can limitation of liability be used to negotiate on indemnities?

This article posted on our partner site Mondaq.com looks at how limitation of liability is negotiated against indemnity through measures like caps, time periods, and using qualifying language in the...

Planning is Required to Ensure that the Consulting Agreement Contains Only Consultant-Friendly Indemnification Provisions

Indemnities originated in the construction industry where contractors had complete control of the job site, and owners required them to be responsible for any site-related problems that arose. However...

Indemnity May Be Limited to a Limited Period of Time

When drafting an indemnity clause in an asset purchase agreement, parties may wish to limit the time period in which the indemnity clause is to be effective. (This is referred to as the indemnific...

Blog Bite: Who should corporations in the USA protect with an indemnification clause?

This article posted on our partner site Mondaq.com illustrates why indemnification clauses should not be considered boilerplate, and why they should be reviewed frequently. The author explains that ...

Blog Bite: What is the relationship of indemnity to the limitation of liability?

This article posted on our partner site Mondaq.com points out that the language of indemnity (maximizing damages received) is at odds with that of limitation of liability (minimizing damages given),...
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