Indemnity and Limitation of Liability Clauses in IT Contracts

Summary

This practice note sets out common indemnity and limitation of liability clauses in IT contracts. This includes a discussion of indemnities and limitation of liability clauses generally, and recent trends in technology-related transaction contracts. In particular, the practice note discusses the application of indemnification clauses to breach of contract claims and breach of privacy claims, having an indemnity clause limited to the geographic scope of IP clauses, and seeking to exclude infringement of patent claims, and making optional actions clauses mandatory. The practice note also discusses making liability clauses mutual, differentiating between different types of liability and seeking to exclude breach of privacy claims from the limit on liability.