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ARTICLE · 22 DECEMBER 2015

Indemnities and releases under commercial leases

DibbsBarker
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The article looks at how indemnities and releases differ and what landlords and tenants should consider when negotiating.

AustraliaReal Estate and Construction
Alexandra Henderson
Alexandra Henderson
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Indemnities and releases under commercial leases

Focus: The differences between indemnities and releases for landlords and tenants
Services: Property & Projects
Industry Focus: Property

Indemnities and releases are often the subject of lease negotiations. This is because, at their core, indemnities and releases allocate risk between the landlord and tenant.

Ideally, the risks are allocated fairly having regard to the ability of each party to manage a particular risk. However, this is not always the case and the parties can get caught out if they do not properly consider the indemnities and releases in their lease.

In this article we shed light on how indemnities and releases differ, and highlight some of the points that landlords and tenants should consider when negotiating and agreeing to them.

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