“Compensation” is an offensive right – a sword – that allows a victim of compensation to claim compensation. “Keeping it harmless” is defensive: the right not to be harassed by the other party itself, who claims compensation. Nevertheless, the Tribunal concluded that the language of the concept of compensation “should not be interpreted in a manner that exculpation”. Our basic clause is the simplest exemption obligation. It is suitable for simple, low-risk and inexpensive agreements. The inclusion of complex indemnification clauses can result in additional negotiation and transaction costs that might not be necessary for smaller, simpler agreements. Our variants add limitations and exclusions to indemnification obligation, indemnification procedures and defense obligations and are integrated into modules to be easily customizable by the user. They also list the types of claims that can be compensated, including an option for parties to indicate their own specific covered claims from which they wish to free themselves. . . .
