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A Harsh Result From a Lopsided Indemnity Agreement

By Charles Sartain on December 6, 2022
Posted in operations, Pollution

Co-author Brittany Blakey

Wagner v. Exxon Mobil Corporation is an example of the misfortune that can befall the purchaser who assumes the burden of comprehensive, one-sided indemnity obligations. We will disregard evidentiary and other issues in this case and will focus on indemnity.

The parties executed an Agreement to Purchase and Sell in 1994 whereby…

An Indemnity Agreement Means What it Says

By Charles Sartain on March 22, 2018
Posted in Contract Disputes, Pollution

We are reminded in Claybar v. Samson Exploration that a court will (if it’s doing its job) enforce an agreement according to what it actually says, not by that which one party or the other would have liked it to say or imagines that it said.
Continue Reading An Indemnity Agreement Means What it Says

About Charles Sartain

I have been helping clients of all types resolve their commercial disputes for most of my 35 years as a lawyer. Of the many industries in which I have worked, the energy business is the most fascinating…More

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