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Re: CaptHowdy post# 33468

Monday, 11/03/2025 1:02:57 PM

Monday, November 03, 2025 1:02:57 PM

Post# of 38804
You just can't indemnify theft, fraud, and regulatory non-compliance from regulators. Your whole defense of GRLT's past means nothing.

Indemnification clauses are common in contracts to protect parties from certain liabilities, but they cannot override the law. Specifically:

Criminal acts like theft and fraud: These are illegal and cannot be indemnified. You cannot contract your way out of criminal responsibility. Courts will not enforce indemnity clauses that attempt to shield someone from consequences of intentional wrongdoing or criminal behavior.

Regulatory non-compliance: Most regulators (e.g., SEC, FDA, EPA) prohibit indemnification for violations of their rules. If a company violates regulations, it is directly liable — and indemnity clauses won't protect it from enforcement actions, fines, or penalties.

Public policy: Courts often strike down indemnity clauses that violate public policy, especially those that attempt to excuse gross negligence, willful misconduct, or illegal acts.

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