7
PLAYBOOK TEMPLATES
Advertising Agency Agreement
An Advertising Agency Agreement governs creative and media services provided by an agency to a client. This playbook discusses ownership of deliverables, approval processes, and termination rights.
Indemnification Provisions
Negotiation strategy
Ensure the indemnity provisions are comprehensive, covering all potential third-party claims. Negotiate for a reasonable cap on liability to protect against excessive financial exposure.
Focus on limiting the scope of indemnity to specific, foreseeable risks. Advocate for exclusions in cases of gross negligence or willful misconduct by the Company.
Essential elements
1
Scope of Indemnity
Defines covered claims.
2
Notification of Claims
Procedure for claim notice.
3
Indemnity Cap
Limits financial liability.
Action framework
ACCEPT
Propose edits if the indemnity scope is too broad or lacks necessary exclusions.
EDIT
Reject if indemnity obligations are unreasonably burdensome or one-sided.
ADD
Add language for specific risks not covered, such as data breaches.
PRO TIP
Always ensure indemnity caps are aligned with the potential risk exposure and industry standards.
Real-world examples
FAVORABLE
Comprehensive Indemnity Clause
"Each party (the 'Indemnifying Party') shall indemnify, defend, and hold harmless the other party (the 'Indemnified Party') from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any third-party claim alleging that the Indemnifying Party's intellectual property infringes upon any patent, copyright, trademark, or other proprietary right of any third party."
NEUTRAL
Standard Indemnity Clause
"The Indemnifying Party shall indemnify the Indemnified Party against claims arising from the Indemnifying Party's actions, subject to agreed limitations."
UNFAVORABLE
Overly Broad Indemnity
"The Indemnifying Party shall indemnify the Indemnified Party for all claims, regardless of fault or negligence."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure indemnity provisions are robust, covering all potential liabilities, and consider higher caps or no caps at all.
Cross-Border Transactions
For cross-border deals, tailor indemnity clauses to address jurisdictional differences and potential international claims.
Technology Agreements
In tech agreements, focus on IP infringement indemnities and ensure coverage for data breaches and cyber incidents.
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WEEK 1
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WEEK 2
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WEEK 3
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Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
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