To Indemnify or Not? What is the Big Deal?

An indemnity provision can be found in almost any standard form commercial lease. It typically states that one party to the lease will "indemnify and hold harmless" the other party from a laundry list of risks including damages, claims, expenses and more. Although these provisions are fairly standard, it is not uncommon for a party to dig in its heels during lease negotiations and refuse to indemnify. This begs the questions, if indemnities are standard terms, what is there to be concerned about?

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