Got yes okay; I thought I missed something and was like wait what?!? Thanks again. As a side comment is indemnification is only as good as the ability to get the party to agree to pick up the defense otherwise if too becomes a subject of litigation. If there are insurance companies involved they will usually cover and subrogate later. Damages for willful misconduct like this may be seen as; is not covered by insurance and if the damage are very high there will even Be a lawsuit to force the indemnification agreement to get the comm to pay.