Legal Seminar, Chicago, IL

Fee Shifting

From Choice Escrow

 UCC Article 4A intended to preempt common law: “(1) where the common law claims would create rights, duties, or liability inconsistent with . . . and (2) where the circumstances giving rise to the common law claims are specifically covered by . . . .”  “As long as [bank] has performed as provided in Section 8 above, the Customer shall indemnify and hold [bank] harmless from any and all claims, damages, losses, liabilities, and costs and expenses, including reasonable attorney's fees, which relate in any manner to the Services performed under this Agreement.”  Okay, because bank did not attempt to enforce the indemnity portion, except to the extent of attorneys’ fees