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Review Contract and Suggest Indemnity Provision Verbiage Changes
Have a vendor contract with an indemnity provision that seems overly-broad and not a fair distribution of risk. Would like attorney to review, interpret, and suggest alternate verbiage that limits my liability. My reading of the contract verbiage is I would be liable for pretty much anything (including actions of third parties), even if I was not negligent. My thought is liability should be limited to my own negligent acts only (though open to feedback/suggestions), and I would like to propose alternative verbiage for the contract. The existing contract indemnity verbiage is: g) Indemnification. Customer shall defend, indemnify, and hold the Company and its officers, agents and employees harmless from and against any and all liability, claims, causes of action, suits, damages and expenses, including reasonable attorneys’ fees and expenses in actions involving third parties or between the parties hereto, which they, or any of them are or become liable for, or may incur, or be compelled to pay by reason of (a) any acts, whether of omission or commission, that may be committed or suffered by the Company or any of its servants, agents or employees in connection with Customer’s performance under this Agreement or resale of the Company System; and (b) any alleged or actual breach by the Customer of its warranties, representations, covenants and obligations to the Company or the Customer’s customers under this Agreement.