Negotiating Indemnity Clauses: Tenant Considerations for Risk Management

Christine Lopez and Scott Kipnis published, “Negotiating Indemnity Clauses: Tenant Considerations for Risk Management” in the Shopping Center Law & Strategy newsletter of the International Council of Shopping Centers.

They wrote: “The scope of an indemnity clause within a commercial lease is often the subject of litigation. Recent practices in the commercial leasing industry along with an increasing number of court decisions indicate a trend toward the enforcement of broad indemnity clauses, raising possible financial risks for tenants.”

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