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Ode to Boilerplate

Client Alert | less than 1 min read | 05.02.14

In DMS Imaging Inc. v. U.S. (CFC Apr. 30, 2014), a boilerplate severability clause may have saved the contractor's claim for damages after equipment it leased to the government was destroyed. The government argued that the contractor's standard lease terms, expressly incorporated into the contract with the government, were invalid because they included an indemnification clause alleged to violate the Anti-Deficiency Act, but the CFC found the government liable for damages to the equipment under a separate, risk-of-loss clause, which was not invalidated because, even if the indemnification clause were unenforceable, a third boilerplate provision provided that unenforceable or void provisions would be deemed severable. 


Insights

Client Alert | 2 min read | 10.23.26

CA SB 253: As November 10 deadline approaches, CARB issues letter to potentially covered entities, plaintiffs remind Ninth Circuit of pending decision

One of the two landmark climate-disclosure laws California enacted in 2023 has its first reporting deadline in just over two weeks, amid continued uncertainty regarding its constitutionality.  ...