Indemnity Clauses Decide Who Pays For The Worst Day
A master service agreement landed on a field superintendent's desk on a Friday afternoon, thirty one pages long, due back signed by Monday so a crew could start on schedule. He read the day rate on page two and initialed the rest the way most people sign an insurance renewal or a lease. Buried on page nineteen was the indemnity language, and it decided, long before anyone imagined a bad day, exactly who would pay for one. I am Rosser Newton, and in more than 35 years investing in oil, gas, and oilfield service companies I have read that same page nineteen more times than I can count, usually after something has already gone wrong rather than before. The price on page two gets negotiated hard. Two calls, sometimes three, over a day rate that might move five percent either way. The indemnity and insurance sections almost never get the same attention, and they are the sections that decide who actually bears the cost of a blowout, a fire, a serious injury, or a piece of equipment...