The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.” The indemnification clause read: [Diamond] does hereby expressly agree ...

Outside of the representations and warranties in a purchase agreement for the purchase and sale of a business, often the other most highly negotiated provisions are the indemnification provisions.

This article is part of a continuing series by Frank Jones outlining recurring issues of critical importance to sellers in private company M&A. Previous topics include Equity Rolls and Net Working ...