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indemnity defense and hold harmless provisions are complex legal principles so lets start with some definitions indemnification is the assurance that one party will make the other party hole for any liability damage or loss incurred by another simply put indemnity means to compensate another party from loss or damages a hold harmless is similar but not identical to indemnification a hold harmless clause states that an organization or individual will not be held liable for any injuries or damages caused to the other party think of it as a release or waiver of liability finally defense is the obligation to step in and defend the other party during a claim be it before or during a legal proceeding this usually means the retention of legal counsel for another party at no cost to them in their absence each party is usually liable for their own fault and negligence and the damages that flow from that conduct furthermore barring special circumstances each party will likely be liable for the
