An exclusion clause in an indemnity deed that excludes the indemnity 'to the extent that the Loss is caused by or contributed to by' the indemnified party's negligence will exclude the indemnity in respect of legal costs where the indemnified party's own negligence was a cause of the proceedings in which those costs were incurred, even where the indemnified party successfully defended some aspects of the claim. Payments made under settlement agreements are not payments made 'under orders' of the court for the purposes of a liberty to apply limited to amounts paid under court orders.
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