Indemnity, Limitation of Liability and Caps
An exclusion of indirect and consequential loss is the most copied clause in commercial drafting and the least understood in India, because s.73 already excludes remote and indirect loss; what the client needs is the clause about loss of profit.
- 10 pages
- 135
- Word and PDF
- 14 September 2026
The 4 formats inside
- 1Indemnity and conduct of claims, clause setwith the three postures on scopeOn its own₹149
- 2Limitation of liability, clause set in three posturesexclusions, sub-caps, aggregate cap, unlimited headsOn its own₹149
- 3Liquidated damages, service credits and the s.74 recordclause set with the pre-estimate recitalOn its own₹149
- 4Liability matrix, fill in before the negotiationone page, taken to every liability callOn its own₹149
Read the opening
The first part of “Indemnity and conduct of claims, clause set”, as it downloads. Blanks are highlighted.
13. INDEMNITY
13.1 Supplier’s indemnity. The Supplier shall indemnify, defend and hold harmless the Customer, its Affiliates and their respective directors, officers and employees (each an “Indemnified Person”) from and against all Losses suffered or incurred by any of them arising out of or in connection with:
(a) any claim by a third party that the Services, the Deliverables or their receipt or use by the Customer in accordance with this Agreement infringes that third party’s Intellectual Property Rights, subject to clause [12.8] (Exclusions to the IP indemnity);
(b) any death of or personal injury to any person, and any loss of or damage to tangible property, caused by the negligence or wilful act of the Supplier or of any person for whom it is responsible;