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... November 2014 a Delaware court actually sided with an entity that was trying to enforce an indemnity provision. Avaya, Inc. v. Charter Communications Holding Company, LLC, C.A. No. N14C-03-052. Plaintiff Avaya, Inc. delayed for ten months to raise its indemnification rights against the vendor (a software vendor in that case). The vendor tried to use the plaintiff’s delay as a legal pretext not to honor the indemnity by moving for a summary judgment. The judge however declined to grant summary judgment ...