Monthly Archives: September 2023

Representations and Warranties: Negotiating a Guarantee That Works for You written by Kaysha Spoon The representation and warranty provisions of an MSA contain the basic guarantees concerning the goods or services to be exchanged and dictate what remedies are available if those goods or services are, or become, faulty. Strictly speaking, a representation guarantees certain… Read more »

What’s in Your Indemnity Provision? written by Kaysha Spoon The indemnity provision is one of any commercial contract’s most central and negotiated components. The purpose of indemnities is to allocate, in advance, the liability of the parties in the event of a claim, allowing a straightforward and quick resolution. Performing work without a meticulously crafted indemnity… Read more »

Should My MSA Indemnify Against Gross Negligence or Willful Misconduct? written by Matt Reynolds One of the primary goals of an indemnity provision is to avoid a drawn-out legal process and expedite the resolution of any loss or claim. In oilfield Master Service Agreements (“MSAs”), the industry standard indemnity is known as a “knock for-knock”… Read more »

Top 10 Must Haves for Your MSA written by Matt Reynolds Master Service Agreements (“MSAs”) are critical commercial contracts for any company that deals with various vendors on its projects.  An MSA is precisely as it sounds: a master agreement that governs the relationship between company and contractor, and it is supplemented from time to… Read more »

What is an Indemnity? written by Matt Reynolds As you grow your company, you must enter into various commercial contracts.  These can range from Office Leases to Consulting Agreements and Software Licenses to Master Service Agreements to secure the goods and services your business relies on.  One of the most important and often most daunting… Read more »