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MSASOWOrder FormsNDAsEmployment

Specimen · §7 · indemnification

C-MSA-ACME

Draft — as receivedMATERIAL FLAG

Supplier shall defend, indemnify, and hold harmless Customer and its Affiliates from any and all third-party claims arising out of or relating to the Services, without limitation as to amount or scope, provided that Customer promptly notifies Supplier of any such claim and cooperates in the defense thereof.

Counter — drafted by QuirePLAYBOOK · ART. II

…indemnify Customer up to an amount equal to two (2) times the fees paid by Customer under the applicable Order Form in the twelve (12) months preceding the claim…

Why the counter

Supplier indemnity is uncapped as drafted. Founder is personally exposed if the cap in §11 (Limitation of Liability) is later held not to apply to indemnity obligations.

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