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Sometimes referred to as “hold harmless” provisions, the indemnification section of a design or construction contract can have profound legal consequences.  The concept of indemnification is not complicated—indemnification is an agreement to assume a specific liability, potential or actual, of another party in the event of a loss.  It involves shifting risk from one party to another—essentially as insurance.  When a contractor or design professional indemnifies a client, she or he assumes some or all of the client’s potential or actual legal liabilities, which may ...

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