См. также: гарант конституции, гарантийное обеспечение, гармонизация, гармония
What do the words "keep indemnified" add to an indemnity? There is surprisingly little case law on this point. There is an argument that including the wording may help to ensure that the indemnified party is not required to combine all claims it may have during the term of the relevant agreement into one single claim. There is a second argument that including the wording may help to ensure that the indemnity survives termination of the agreement. (Osborne Clarke)
In consideration of the grant to him of an Award the Participant shall covenant with the Company (on behalf of every Group Company) to recover from him all and any Tax Liability, and to indemnify and keep indemnified on a continuing basis the Company in respect of such Tax Liability. (SEC.gov)
Garner goes on to explain how lawyers added to “indemnify” the surplusage “and hold harmless”, leading other lawyers to question whether the two expressions meant anything different, and occasionally to find that they did. I suspect the same process is at work with “and keep indemnified”. In the context of a particular clause and agreement, it is always possible that the parties may intend different things by these phrases, or that a court might find different nuances where both were used. [...] The effect of “on a continuing basis” is a question of interpretation, depending (as usual) on the wording of the clause and the contract as a whole, the context in which it was made and its commercial purpose. An indemnity against losses caused by specified events may give rise to new liabilities many years later, if a specified event recurs or causes a new loss. (Practical Law)
